Download I. The Nature of Criminal Law

Slide 1
BHS Law Related Education Program
Criminal Justice
Lesson 2: Criminal Law
I. The Nature of Criminal Law
Lesson Objectives
A. Distinguish between criminal law and civil law.
B. Identify functions of criminal law.
C. Identify sources of criminal law.
D. Define crime and criminal conduct.
E. Classify types of crime.
Slide 2
BHS Law Related Education Program
Criminal Justice
Lesson 2: Criminal Law
I. The Nature of Criminal Law
A. Criminal law v. Civil law
1) Criminal law involves behavior that violates the
rules of society.
2) Accordingly, a crime is considered an offense
against society or a “public wrong”.
3) Civil law involves offenses against individuals or
“private wrongs”.
CAN AN OFFENSE VIOLATE BOTH CRIMINAL LAW
AND CIVIL LAW?
Slide 3
BHS Law Related Education Program
Criminal Justice
Lesson 2: Criminal Law
I. The Nature of Criminal Law
A. Criminal law v. Civil law
1. Criminal law encompasses both
substantive criminal law and procedural
criminal law..
2. Substantive law defines proscribed
behaviors and specifies penalties.
a) Laws concerning murder, rape, and
robbery are substantive in that they define
the elements of the crime.
Slide 4
BHS Law Related Education Program
Criminal Justice
Lesson 2: Criminal Law
I. The Nature of Criminal Law
A. Criminal law v. Civil law
3.
Procedural law consists of rules stating how
the government proceeds against an
individual accused of committing a crime.
a) Right to a trial by jury, the right to
counsel, the right to appeal, and the right to
face one's accusers are just a few examples of
procedural law.
4. Violations of these rights by the government
are violations of due process and can result
in a case being retried or even dismissed.
Slide 5
BHS Law Related Education Program
Criminal Justice
Lesson 2: Criminal Law
I.
The Nature of Criminal Law
B. Functions of Criminal Law
1. Criminal law serves several purposes and
benefits society in the following ways:
a)
b)
c)
d)
e)
Maintaining order
Resolving disputes
Protecting individuals and property
Providing for smooth functioning of society
Safeguarding civil liberties
Slide 6
BHS Law Related Education Program
Criminal Justice
Lesson 2: Criminal Law
I. The Nature of Criminal Law
C. Sources of Criminal Law
1. Common law-Laws based on customs of the
people
2. Constitutions-Written document establishing rule
of law in a society
3. Statutes, ordinances and Administrative rulesWritten procedural and substantive laws
4. Case law-Law based on previously decided cases
Slide 7
BHS Law Related Education Program
Criminal Justice
Lesson 2: Criminal Law
I. The Nature of Criminal Law
D. Define crime and criminal conduct
1. Crime is an intentional act or omission in
violation of criminal law committed without
defense or justification.
2. Crimes are categorized as either misdemeanors
or felonies.
a) Misdemeanors are minor crimes punishable by
confinement in a local jail for less than one year. Examples
include petty theft, simple assault, disorderly conduct, and
disturbing the peace.
b)
Felonies are serious crimes punishable by death or
incarceration in a prison for at least a year. Examples
include murder, rape, robbery, and burglary.
Slide 8
BHS Law Related Education Program
Criminal Justice
Lesson 2: Criminal Law
I. The Nature of Criminal Law
E. Types of crime
1. Drug crimes-offenses connected with the
use, transportation, purchase, and sale of
illegal drugs.
2. Street crime-predatory crime—rape,
robbery, assault, burglary, larceny, and
auto theft.
3. Organized crime-unlawful activities of
members of criminal organizations.
Slide 9
BHS Law Related Education Program
Criminal Justice
Lesson 2: Criminal Law
I. The Nature of Criminal Law
E. Types of crime
4. Political crime-both crimes by the
government and crimes against the
government.
5. Victimless crime-Consensual acts where
perpetrator is hurt…drug use.
6. White-collar crime-White-collar
criminals behave in unethical ways for
self-gain.