Chapter One

Introduction to Criminal Law

Definition of a Crime

• An act committed in violation of a law prohibiting it

• An act omitted in violation of a law ordering it• The government must enact the criminal law

before it can punish an individual • Criminal laws vary greatly from state to state

Criminal Law and Criminal Procedure

• Criminal law: as a topic, covers crimes and defenses to crimes

• Criminal procedure: as a topic, covers individual’s rights during the criminal process, such as investigation, arrest, and prosecution

Comparing Civil and Criminal Law

• Civil law has to do with the private rights of individuals/businesses

• When individuals have a dispute with other individuals, this dispute can be resolved with a civil lawsuit, also called civil litigation

• When the civil litigation involves an injury, the injury action is called a tort

Criminal Prosecution

• The government prosecutes a wrongdoer to protect the public, rather than an individual suing another individual/business

• One set of facts could give rise to a civil litigation matter and a criminal prosecution without violating the principle against double jeopardy (example: O.J. Simpson case)

Characteristics of Civil Litigation

• The individual/business suing is called the plaintiff

• The individual/business being sued is called the defendant

• The goal is compensation for an injury• Compensation awarded by the court is called

damages

In a Civil Litigation Matter:

• If the plaintiff and defendant want legal representation, they will be represented by private attorneys

• There is no right to a free attorney, so the defendant must pay for a private attorney even if he/she did nothing wrong

• If the defendant cannot afford a private attorney in civil litigation, the defendant must represent himself/herself

Damages:

• Compensatory: compensate for the injury• Costs: compensate for the costs of suing,

including attorney’s fees• Punitive: punish the defendant

Harm Requirement:

• Because the goal of civil litigation is to compensate for harm, the plaintiff must be able to prove harm/bad result

• Without harm, or a victim, the lawsuit will be dismissed

Because Compensation is the Goal:

• Fault is not necessarily a requirement• Sometimes, a defendant will be liable in civil

litigation if not at fault• Strict liability: a tort without a “bad intent”

requirement• Respondeat Superior: the employer may be

liable for an injury caused by an employee based on ability to pay-even if not at fault

Characteristics of Criminal Prosecution

• The government prosecutes, rather than an individual plaintiff

• In a state crime, the government is sometimes referred to as “The People” (of the state of. . .)

• In a federal crime, the government is the USA• The state government is represented by a

prosecutor, often called a District Attorney• The federal government is represented by a

prosecutor called the United States Attorney

The Wrongdoer in a Criminal Prosecution:

• Is called the defendant, just like civil litigation• The defendant can be an individual or

business

Because the Government is Prosecuting. . .

• The Constitution governs the proceedings• This means the defendant gets special

protections• Freedom from double jeopardy, self-

incrimination, and the right to counsel• The defendant will get a free attorney (called a

public defender) if facing incarceration and unable to afford attorney’s fees

The goal of a Criminal Prosecution:

• Punishment• No need for a victim or harm

Comparison of Civil and Criminal:

Civil:• Parties are called plaintiff

and defendant• Plaintiff and defendant

must pay for private attorneys

• Goal is compensation for injury

• No constitutional protections

• Harm is a requirement

Criminal• Parties are state/federal

government and defendant• Defendant may get a free

attorney if he/she can’t afford one and facing incarceration

• Goal is punishment• Constitutional protections• Victim/harm not required

Classification of Crimes

• Felony: most serious, and all range of sentencing options available, incarceration is in prison

• Felony-misdemeanor: can be prosecuted as a felony or misdemeanor, depending on the circumstances

• Misdemeanor: less serious, jail rather than prison• Infraction: least serious; traffic ticket-fine or

alternative sentencing

Purposes of Punishment

• Deterrence: scares people into obeying the law. General-the public is deterred. Specific: the defendant is deterred.

• Incapacitation: removes the offender from society

• Rehabilitation: reforms the offender• Retribution: gives the public satisfaction• Restitution: compensates the

victim/government for harm financially

Sources of Law

• The places where law comes from• Constitution, statutes, cases

Constitution

• Highest source of law• Only applies to government action. Intended

to regulate the government to protect the private rights of individuals

• Individuals are protected by the Constitution, but do not have to abide by it

• One federal Constitution, and every state has a state constitution

Statutes

• Enacted by the federal legislature (Congress) or state legislature

• Statutes apply to individuals/businesses• Includes ordinances, which are enacted by a

city or county• Cannot conflict with or attempt to supersede

the Constitution

Case Law

• Created by judges• Generally an appeal, rather than a trial• Based on English common-law principles• Case law interprets statutes and the

Constitution so is very powerful, although technically inferior to statutory law

• Judicial review: a case can invalidate a statute if it is unconstitutional

Case Briefing:

• Highlights the most important aspects of a judicial opinion

• Review the Keeler case brief in chapter one for a brief format