What is a

1
What is a law?

• Norms are behavioral codes that guide people into
  actions that conform to societal expectation
• Folkways are everyday norms based on custom,
  tradition, or etiquette (violate somebodys
  personal space)
• Mores are norms based on broad societal morals
  (illegitimate childbearing)
• Laws are norms supported by codified social
  sanctions. BUT Mores and folkways have always
  influenced the law

2
Brief History of Law I

• 2000 BC Earliest Surviving Legal Codes
• 1750 BC Code of Hammurabi lex talionis
• Roman Twelve Tables 451 BC
• Dark Ages (500-1000 AD)
• Written codes were lost and superstitions and
  fear of magic dominated thinking.

3
Brief History of Law II

• Before the Norman Conquest (1060 AD), the legal
  system in England was decentralized.
• Power given to tithings, hundreds and shires.
• Several legal/court systems were active
• Wergild (compensation) was divided between the
  King and victim.

4
Development of Common Law

• Norman Conquest (1066 AD)
• William the Conqueror establishes royal court
• Stare decisis became the dominant standard
• English common law born during the reign of Henry
  II (1154-1189)
• Circuit Judges
• Royal Prosecutors and movement toward national
  law
• Development of Jury System

5
Common Law v. Statutory Law
Common Law is judge-made law. The law is found in
previously decided cases.
Statutory Laws are derived from legislative acts
that decide the definition of the behavior that
is codified into law.
6
Criminal and Tort Law

• Both seek to control behavior.
• Both impose sanctions (punishments)
• Similar areas of legal action exist e.g.,
• personal assaults
• white-collar offenses like environmentalpollution

7
Criminal and Tort Law

• A public offense
• Enforcement is statebusiness
• Punishment is oftenloss of liberties or
  sometimes death
• Fines go to the state
• State doesnt ordinarily appeal
• Proof beyond a reasonable doubt

• A civil or private wrong
• Individuals bring action
• Sanction is normally monetary damages
• Both parties can appeal
• Individuals receives thecompensation for
  harmdone
• Preponderance of the evidence is required for a
  decision.

8
Classification of Crime
9
Types of Crime
10
Substantive vs. Procedural Law

• Substantive Law
• Written code that defines crimes and punishments
• Procedural Law
• Rules of the court, trials...

11
Functions of the Criminal Law
12
A criminal law must indicate a type of criminal
intent and the specific elements of a behavior
that are illegal.

• Actus Reas
• Physical act must be voluntary
• If crime isFailure to act, there must be legal
  obligation.
• Mens Rea
• General or specific intent
• Negligence

13
Specific Criminal Defenses

• Deny the Actus Reas (I didnt do it)
• Deny the Mens Rea
• Ignorance / Mistake
• Intoxication?
• Insanity Defense

14
The Dreaded INSANITY PLEA

• Insane in the Membrane?
• Insanity is a legal, not clinical term
• Different States have different insanity rules
• MNaghten Rule
• Irresistible Impulse Test
• Substantial Capacity Test
• Reality? Defense used in lt 1 of cases
• Successful in very few cases
• When successful?

15
Other Specific Criminal Defenses

• Justifications Acknowledge actus reas and mens
  rea, but
• Necessity
• Duress
• Self-defense
• Entrapment
• Exotic Defenses (PMS, PTSSinsert your favorite
  acronym here)