3: Criminal Law
- Page ID
- 44888
\( \newcommand{\vecs}[1]{\overset { \scriptstyle \rightharpoonup} {\mathbf{#1}} } \)
\( \newcommand{\vecd}[1]{\overset{-\!-\!\rightharpoonup}{\vphantom{a}\smash {#1}}} \)
\( \newcommand{\dsum}{\displaystyle\sum\limits} \)
\( \newcommand{\dint}{\displaystyle\int\limits} \)
\( \newcommand{\dlim}{\displaystyle\lim\limits} \)
\( \newcommand{\id}{\mathrm{id}}\) \( \newcommand{\Span}{\mathrm{span}}\)
( \newcommand{\kernel}{\mathrm{null}\,}\) \( \newcommand{\range}{\mathrm{range}\,}\)
\( \newcommand{\RealPart}{\mathrm{Re}}\) \( \newcommand{\ImaginaryPart}{\mathrm{Im}}\)
\( \newcommand{\Argument}{\mathrm{Arg}}\) \( \newcommand{\norm}[1]{\| #1 \|}\)
\( \newcommand{\inner}[2]{\langle #1, #2 \rangle}\)
\( \newcommand{\Span}{\mathrm{span}}\)
\( \newcommand{\id}{\mathrm{id}}\)
\( \newcommand{\Span}{\mathrm{span}}\)
\( \newcommand{\kernel}{\mathrm{null}\,}\)
\( \newcommand{\range}{\mathrm{range}\,}\)
\( \newcommand{\RealPart}{\mathrm{Re}}\)
\( \newcommand{\ImaginaryPart}{\mathrm{Im}}\)
\( \newcommand{\Argument}{\mathrm{Arg}}\)
\( \newcommand{\norm}[1]{\| #1 \|}\)
\( \newcommand{\inner}[2]{\langle #1, #2 \rangle}\)
\( \newcommand{\Span}{\mathrm{span}}\) \( \newcommand{\AA}{\unicode[.8,0]{x212B}}\)
\( \newcommand{\vectorA}[1]{\vec{#1}} % arrow\)
\( \newcommand{\vectorAt}[1]{\vec{\text{#1}}} % arrow\)
\( \newcommand{\vectorB}[1]{\overset { \scriptstyle \rightharpoonup} {\mathbf{#1}} } \)
\( \newcommand{\vectorC}[1]{\textbf{#1}} \)
\( \newcommand{\vectorD}[1]{\overrightarrow{#1}} \)
\( \newcommand{\vectorDt}[1]{\overrightarrow{\text{#1}}} \)
\( \newcommand{\vectE}[1]{\overset{-\!-\!\rightharpoonup}{\vphantom{a}\smash{\mathbf {#1}}}} \)
\( \newcommand{\vecs}[1]{\overset { \scriptstyle \rightharpoonup} {\mathbf{#1}} } \)
\(\newcommand{\longvect}{\overrightarrow}\)
\( \newcommand{\vecd}[1]{\overset{-\!-\!\rightharpoonup}{\vphantom{a}\smash {#1}}} \)
\(\newcommand{\avec}{\mathbf a}\) \(\newcommand{\bvec}{\mathbf b}\) \(\newcommand{\cvec}{\mathbf c}\) \(\newcommand{\dvec}{\mathbf d}\) \(\newcommand{\dtil}{\widetilde{\mathbf d}}\) \(\newcommand{\evec}{\mathbf e}\) \(\newcommand{\fvec}{\mathbf f}\) \(\newcommand{\nvec}{\mathbf n}\) \(\newcommand{\pvec}{\mathbf p}\) \(\newcommand{\qvec}{\mathbf q}\) \(\newcommand{\svec}{\mathbf s}\) \(\newcommand{\tvec}{\mathbf t}\) \(\newcommand{\uvec}{\mathbf u}\) \(\newcommand{\vvec}{\mathbf v}\) \(\newcommand{\wvec}{\mathbf w}\) \(\newcommand{\xvec}{\mathbf x}\) \(\newcommand{\yvec}{\mathbf y}\) \(\newcommand{\zvec}{\mathbf z}\) \(\newcommand{\rvec}{\mathbf r}\) \(\newcommand{\mvec}{\mathbf m}\) \(\newcommand{\zerovec}{\mathbf 0}\) \(\newcommand{\onevec}{\mathbf 1}\) \(\newcommand{\real}{\mathbb R}\) \(\newcommand{\twovec}[2]{\left[\begin{array}{r}#1 \\ #2 \end{array}\right]}\) \(\newcommand{\ctwovec}[2]{\left[\begin{array}{c}#1 \\ #2 \end{array}\right]}\) \(\newcommand{\threevec}[3]{\left[\begin{array}{r}#1 \\ #2 \\ #3 \end{array}\right]}\) \(\newcommand{\cthreevec}[3]{\left[\begin{array}{c}#1 \\ #2 \\ #3 \end{array}\right]}\) \(\newcommand{\fourvec}[4]{\left[\begin{array}{r}#1 \\ #2 \\ #3 \\ #4 \end{array}\right]}\) \(\newcommand{\cfourvec}[4]{\left[\begin{array}{c}#1 \\ #2 \\ #3 \\ #4 \end{array}\right]}\) \(\newcommand{\fivevec}[5]{\left[\begin{array}{r}#1 \\ #2 \\ #3 \\ #4 \\ #5 \\ \end{array}\right]}\) \(\newcommand{\cfivevec}[5]{\left[\begin{array}{c}#1 \\ #2 \\ #3 \\ #4 \\ #5 \\ \end{array}\right]}\) \(\newcommand{\mattwo}[4]{\left[\begin{array}{rr}#1 \amp #2 \\ #3 \amp #4 \\ \end{array}\right]}\) \(\newcommand{\laspan}[1]{\text{Span}\{#1\}}\) \(\newcommand{\bcal}{\cal B}\) \(\newcommand{\ccal}{\cal C}\) \(\newcommand{\scal}{\cal S}\) \(\newcommand{\wcal}{\cal W}\) \(\newcommand{\ecal}{\cal E}\) \(\newcommand{\coords}[2]{\left\{#1\right\}_{#2}}\) \(\newcommand{\gray}[1]{\color{gray}{#1}}\) \(\newcommand{\lgray}[1]{\color{lightgray}{#1}}\) \(\newcommand{\rank}{\operatorname{rank}}\) \(\newcommand{\row}{\text{Row}}\) \(\newcommand{\col}{\text{Col}}\) \(\renewcommand{\row}{\text{Row}}\) \(\newcommand{\nul}{\text{Nul}}\) \(\newcommand{\var}{\text{Var}}\) \(\newcommand{\corr}{\text{corr}}\) \(\newcommand{\len}[1]{\left|#1\right|}\) \(\newcommand{\bbar}{\overline{\bvec}}\) \(\newcommand{\bhat}{\widehat{\bvec}}\) \(\newcommand{\bperp}{\bvec^\perp}\) \(\newcommand{\xhat}{\widehat{\xvec}}\) \(\newcommand{\vhat}{\widehat{\vvec}}\) \(\newcommand{\uhat}{\widehat{\uvec}}\) \(\newcommand{\what}{\widehat{\wvec}}\) \(\newcommand{\Sighat}{\widehat{\Sigma}}\) \(\newcommand{\lt}{<}\) \(\newcommand{\gt}{>}\) \(\newcommand{\amp}{&}\) \(\definecolor{fillinmathshade}{gray}{0.9}\)Learning Objectives
After reading this section, students will be able to:
- Distinguish between a criminal wrong, a civil wrong, and moral wrong.
- Identify the many ways in which criminal law is classified.
- Recognize the many sources of substantive and procedural criminal law.
- Identify the limitations that the federal constitution and state constitutions place on creating substantive laws and enforcing those laws.
- Recognize the importance of rule of law in American jurisprudence and understand the importance of judicial review in achieving rule of law.
This section examines the fundamental principles of criminal law. It describes the functions of formal criminal law (what criminal law does and what it cannot do), how crimes differ from civil and moral wrongs, and various classification schemes used in discussing criminal law. This section also examines the sources of substantive and procedural criminal law (where we look to find our criminal law), the limitations that the constitution places on both substantive criminal law and procedural criminal law, and the important concept of the rule of law in American jurisprudence (legal theory).
Critical Thinking Questions
- What does formal law do well? What does formal law not do so well?
- Should we be able to impose sanctions for violations of moral wrongs?
- Consider the constitutional requirement of separate but equal branches of government. Why do you think the drafters of the constitution intended each of the branches of government to be a check on each other? How does that “play out” when deciding what laws should be made and what laws should be enforced? What current issues are you aware of that highlight the importance of three separate but equal branches of government?
- How does direct democracy (in the form of ballot measures and propositions) influence substantive criminal law (creating crimes and punishing crimes). What, if any, are the advantages of using direct democracy to create and punish crime? What, if any, are the disadvantages?
- Consider state-wide decriminalization of marijuana possession and use across the nation and the federal statute banning possession and use of marijuana. How should this federal/state conflict be resolved? Does your opinion change if the behavior is one that you favor or disfavor?
- 3.1: Functions and Limitations of Law
- This page examines the law's function as a social control mechanism, comparing formal laws to informal influences like social media. It highlights four limitations of law, including dependence on community support, challenges in enforcing behavior, high costs of dispute resolution, and slow adaptation. Furthermore, it discusses the "dysfunctions of law," such as repression, biases, and obstacles to social change and access to justice.
- 3.2: Civil, Criminal, and Moral Wrongs
- This page explores the distinctions and connections between criminal, civil, and moral wrongs. It explains that civil wrongs permit lawsuits for damages, while criminal wrongs are prosecuted by the government and lead to penalties. Moral wrongs are noted for their significance but lack legal enforcement. The chapter illustrates that certain actions may be categorized as both criminal and civil wrongs, highlighting the nuanced nature of legal responsibility through examples.
- 3.3: Sources of Criminal Law - Federal and State Constitutions
- This page examines the origins and sources of criminal law, focusing on the U.S. Constitution and the Bill of Rights, which protect individual rights and impose constraints on governmental power. It discusses constitutional amendments that limit laws and actions, addressing due process, trial rights, and privacy. Additionally, it explains judicial review, established by Marbury v. Madison.
- 3.4: Sources of Criminal Law - Statutes, Ordinances, and Other Legislative Enactments
- This page examines the legislative foundation of criminal law, noting that laws are primarily established by state legislatures and Congress through statutes. It covers the role of direct democracy in lawmaking, states' police powers for criminal regulation, and contrasts this with Congress's lack of police authority.
- 3.5: Sources of Law - Administrative Law, Common Law, Case Law and Court Rules
- This page covers the importance of judicial adherence to precedents, known as stare decisis, for consistency in legal decisions. It discusses administrative law's role, the evolution of common law in the U.S., and contrasts it with civil law. The procedural rules ensure fair and efficient handling of cases, guiding judges in their decision-making.
- 3.6: Classifications of Law
- Classification schemes allow us to discuss aspects or characteristics of the criminal law. Some classifications have legal significance, meaning that how a crime is classified may make a difference in how the case is processed or what type of punishment can be imposed. Some classifications historically mattered (had legal significance), but no longer have much consequence. Finally, some classifications have no legal significance, meaning the classification exists only to help us organize laws.
- 3.7: Substantive Law - Defining Crimes, Inchoate Liability, Accomplice Liability, and Defenses
- Substantive law includes laws that define crime, meaning laws that tell us what elements the government needs to prove in order to establish that this crime has been committed. Substantive law also includes the definitions of inchoate crimes (incomplete crimes) of conspiracies, solicitations, and attempts. Substantive law also sets forth accomplice liability (when a person will be held responsible when they work in concert with others to complete a crime).
- 3.8: Substantive Law - Punishment- Incarceration and Confinement Sanctions
- This page discusses the complexities of U.S. criminal law reform, focusing on mandatory minimum sentences and the First Step Act aimed at non-violent drug offenders. It outlines the roles of the legislative, executive, and judicial branches in sentencing and various approaches, including indeterminate and determinate sentencing, as well as presumptive guidelines.
- 3.9: Substantive Law - Physical Punishment Sentences
- This page examines the historical context of corporal punishment, which was largely abandoned by 1978, and the ongoing contentious nature of capital punishment in the U.S. It highlights Supreme Court rulings like Roper v. Simmons, which prohibit executing juveniles and those with mental impairments. The page notes a decline in juvenile executions, reflecting a national shift in attitudes toward the death penalty for minors amidst broader ethical debates.
- 3.10: Substantive Law - Monetary Punishment Sentences
- This page covers the nature of fines as penalties, noting their perceived leniency compared to imprisonment and judges' discretion in their application. It addresses the Eighth Amendment's constraints on excessive fines and their influence on civil forfeiture related to crime.
- 3.11: Substantive Law - Community-Based Sentences
- This page examines alternatives to incarceration, including community service and probation, and emphasizes community shaming for restorative justice. It traces the evolution of probation, detailing legal standards for its conditions and the shift from parole to post-prison supervision. The page also clarifies the differences between determinate and indeterminate sentencing, focusing on the parole process and the responsibilities of parolees.
- 3.12: Procedural Law
- Procedural law governs the process used to investigate and prosecute individuals who commits a crime. Procedural law also governs the ways people convicted of a crime may challenge their convictions. The source of procedural law includes the same sources of law that govern substantive criminal law: the constitution, cases law or judicial opinions, statutes, and common law. Most substantive criminal law is now statutory and most procedural law is found in judicial opinions.