Introduction to Criminal Law: Key Concepts and Principles

Introduction to Criminal Law

Key Definitions

Traffic Infraction: Any offense defined as a "traffic infraction."

Misdemeanor: An offense, other than a traffic infraction, punishable by a sentence of 15 days to less than one year.

Violation: An offense, other than a traffic infraction, punishable by a sentence of less than 15 days.

Act: Bodily movement.

Omissions: A form of actus reus. This could include failing to warn others about a dangerous situation you created (e.g., not feeding an infant left in your care).

Actus Reus: Commonly defined as a criminal act resulting from voluntary bodily movement.

Sources of Law

1. Constitution: Identifies basic rights and obligations.
2. Statute: A law passed by a legislature (federal/state).
3. Case Law: Law established by judges in case decisions.
4. Ordinance: Law passed by a town, village, or city.

Stare Decisis

Stare Decisis obliges judges to make court decisions consistent with previous rulings made by a higher court in similar cases.

Types of Criminal Law

Criminal Substantive Law: Defines offenses and specifies punishments.

Criminal Procedure Law: Outlines the steps by which substantive criminal law is enforced.

Theories of Punishment

1. Retribution: The defendant must experience pain or loss proportional to what the victim suffered ("an eye for an eye").
2. General Deterrence: Based on utilitarianism, this theory posits that the pain of punishment should outweigh the potential gain from a crime to deter people from committing it.
3. Specific Deterrence: Focuses on the effect of punishment on the defendant, aiming to prevent them from re-offending through incapacitation (restraint).
4. Restorative Justice: Involves the victim, defendant, and community in finding a solution, often including restitution and mediation.
5. Reform/Rehabilitation: Aims to change the defendant's behavior to prevent future crimes and may include treatment programs.

Tort vs. Crime

Tort: A private wrong not based on a contract.

Crime: A public wrong against society.

Constitutional Limitations

Status: Can be used to define offenses but must be drafted precisely to comply with the U.S. Constitution.

Bill of Attainder: A legislative act that punishes a defendant for a crime without a trial.

Ex Post Facto Laws: Laws that criminalize conduct that was legal when committed or increase the punishment for past offenses.

Void for Vagueness: A law is considered too vague if a reasonable person cannot understand it.

English Common Law

Origins: William the Conqueror's invasion of England in 1066 A.D.

• Brought uniformity to the law.
• All prosecutions were conducted in the name of the king.
• Judges' decisions were recorded, marking the beginnings of stare decisis and precedent.
• Laid the foundation for due process.
• Developed over centuries.

Colonists adopted English common law and incorporated its concepts into statutes. William Blackstone's "Commentaries on the Laws of England" (1769) significantly influenced early U.S. law and lawyers through the mid-19th century.