CHAPTER ONE

1
CHAPTER ONE

• THE NATURE AND LIMITS OF CRIMINAL LAW IN US
  SOCIETY

2
Types of Social Control

• Condemnation by friends and family
• Civil lawsuits, regulation, licensing
• Criminal law

3
Categories of Crimes

• Felonies
• Capital felony
• All other felonies
• Misdemeanors
• Violations (Petty offenses)

4
Malum in Se v. Malum Prohibitum

• Malum in secrimes that are inherently evil
• Malum prohibitumstatutes says it s against the
  law

5
General and Special Parts of Criminal Law

• General part
• Constitutional principles
• Principles of criminal liability
• Complicity
• Liability for inchoate crimes
• Justification and excuse
• Special part
• Elements of specific crimes

6
Classifications by Subject

• Crimes against the state
• Crimes against persons
• Crimes against habitation and property
• Crimes against public order and morals
• Crimes against administration of justice

7
Elements of Criminal Punishment

• Imposes pain or other unpleasant consequences
• Set by law
• Applied intentionally
• Administered by the state

8
Purposes of Criminal Punishment

• Retribution
• Prevention
• General deterrence
• Special deterrence
• Incapacitation
• Rehabilitation

9
Deterrence

• Jeremy Bentham
• Hedonism
• Rationalism
• Criticisms

10
Incapacitation

• Types
• Criticisms

11
Rehabilitation

• Whats the basic premise?
• Assumptions
• Criticisms

12
The Punishment Pendulum

• Before 18th centuryretribution
• 18th-19th centuriesdeterrence and incapacitation
• Until latter 20th centuryrehabilitation
• 1970s onjust desertsanother name for
  retribution

13
The Rule of Law

• No crime without law no punishment without law
• The legislature
• The judiciary
• The Hughes and Thompson cases

14
Sources of Criminal Law

• U.S. Constitution
• State constitutions
• U.S. Criminal Code
• State criminal codes
• Municipal ordinances
• Common law
• Judicial decisions

15
Common Law

• How did we get it?
• Examples of common law felonies
• Examples of common law misdemeanors
• Precedent?
• Stare decisis?
• How does anything get changed if have to follow
  stare decisis?

16
Criminal Codes

• Code jurisdictions
• Common law jurisdictions

17
THE NATURE AND PURPOSES OF CRIMINAL LAW

• END CHAPTER ONE