CHAPTER 4

CRIMINAL JUSTICE AND THE RULE OF LAW

INTRODUCTION TO CRIMINAL JUSTICE

 

SOURCES OF CRIMINAL LAW

 

COMMON LAW OF ENGLAND

 

 Circuit judges

 

 Stare Decisis: law of precedent.

 

 

 Advantages of Common Law

1.

2.

Carrier’s case (1473)

 

Rex v. Schofield (1794)

 

 Disadvantages of Common Law

1.

 

 

COMMON LAW OF AMERICA

 Court made law: (case law)

 

 

STATUTES

 

ADMINISTRATIVE LAW

 

 

 

CONSTITUTIONAL LAW

 

BILL OF RIGHTS

I. Congress shall make no law respecting the

1) establishment of religion, or prohibiting the free exercise thereof:

2) freedom of speech

3) freedom of the press

4) freedom to assemble

5) freedom to petition for redress of grievances

IV. The right of the people to be secure in their persons, houses, papers, and effects against

6) unreasonable searches and seizures

7) probable cause

V. Cannot be convicted of a capital offense without

8) indictment by grand jury

9) protection against double jeopardy

10) self incrimination

11) cannot be deprived of life, liberty, or property, without due process of law

VI. All criminal proceedings

12) speedy and public trial

13) impartial jury

14) informed of the nature of the accusation

15) confrontation of witnesses

16) subpoena power to compel witnesses

17) assistance of council

VIII. right against

18) excessive bail

19) excessive fines

20) cruel and unusual punishment

 

 

 

CLASSIFICATION OF LAW:

 Felonies and Misdemeanors

 Felonies:

 

 Misdemeanor:

 

TEXAS

Felonies

 

 

 

Misdemeanors

 

 

 

]

 Criminal Law and Civil Law:

 Criminal Law:

 

 

 

 

 Tort (Civil) Law

 

 

 

 

 

 

 Substantive and Procedural

 Substantive: defines what crime is and what the punishment shall be.

 

Texas: Texas Penal Code: 11 Titles
      1. Introductory provisions (jurisdiction issues, computation of age, definition of proof beyond a reasonable doubt)
      2. Principles of criminal responsibility (mental states, defenses to responsibility)
      3. Punishments
      4. Inchoate offenses
      5. Offenses against the person
      6. Offenses against the family
      7. Offenses against property
      8. Offenses against public administration
      9. Offenses against public order and decency
      10. Offeneses against public health, safety and morals
      11. Organized crime

 Procedural Law :

Texas Code of Criminal Procedure
      1. jurisdiction of courts
      2. law of arrests
      3. search warrants
      4. indictments
      5. trial procedure
      6. rules of evidence
      7. judgment and sentence (probation, executions)
      8. crime victims rights
      9. appeal procedures
      10. pardon and paroles

 

PURPOSES OF CRIMINAL LAW:

 Control anti-social behavior

 Discourage revenge:

 

 Control morality and promote safety and health:

 Maintain social and economic order and protect the government.

 

 

 

 

ELEMENTS OF A CRIME:

Definition

A crime is a (1) legal wrong (2) prohibited by the criminal law (3) prosecuted by the state (4) in a formal court proceeding (5) in which criminal sanction or sentence may be imposed.

 

 

 Acts or Omission of an act (Actus Reus): the criminal act itself

 

 

 

 

 Intent:

TEXAS CULPABLE MENTAL STATES

 intentionally

 

 knowingly

 

 recklessly

 

 negligently

 

Strict Liability:

 

 

 

 Violation of a criminal law

 

 

 

 without defense or justification to criminal responsibility.

 Defenses:

 Ignorance of the law

 

 Mistake of Fact:

 

 Insanity:

 

 

M’Naghten Rule:

 

Texas: because of severe mental disease—did not know his conduct was wrong

Irresistible impulse Test:

 

 

Substantial capacity Test

 

Comprehensive Crime Control Act: (1984)

 

 

Durham Test:

 

 

Guilty but mentally ill:

 

 Intoxication

 

 

 Entrapment

 Age:

Common law:

 

Texas:

 

 Justifications:

 

 Duress

 

 Necessity

 

 Self-defense

Deadly force to protect property:

 
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