Chapter 7 1 The Crime Homicide Involves Both Actus Reus

CHAPTER SEVEN. CRIMINAL LAW

LEARNING OBJECTIVES

• To understand the characteristics of criminal law

• To understand the elements necessary to make an act a criminal act

• To understand the major procedural safeguards of criminal law

• To understand the various approaches and theories of punishment

CHAPTER SUMMARY

The chapter begins with a discussion of the controversial nature of criminal law in

terms of procedural protections. It outlines some of the arguments for the safeguards provided

by the Constitution for those accused of committing crimes. The focus then shifts to defining the

characteristics of a crime, that is, what is necessary to proscribe certain types of behavior that we

call crimes. It differentiates between acts that are wrongful in themselves and those acts that are

wrongful merely because society has chosen to label them so.

their existence.

Next, the chapter turns to a discussion of the punishment phase of criminal

justice. Theories and types of punishment are covered with some emphasis on capital

punishment. Issues of bail, probation, parole and theories of sentencing are also topics of

discussion. The chapter also includes an important section on the rights of prisoners in the

criminal justice system.

The role of juvenile justice in the criminal justice system is the next topic

covered. Juvenile justice is compared to the adult system in both procedural and substantive

areas. The reasons for treating juveniles differently—with both positive and negative

consequences—are examined. The chapter then concludes with two case studies that highlight

the procedural and substantive aspects of criminal law.

CHAPTER OUTLINE

I. Introduction

II. Characteristics of Criminal Law

III. Elements of a Crime

A. Actus reus and Mens Rea (Intent)

B. Causation

IV. Procedural Criminal Law

A. Search and Seizure

V. Punishment

A. Theories of Punishment

B. Types of Punishment

VI. Juvenile Justice

A. Procedural Law

B. Substantive Law

VII. Two Cases Studies in Criminal Law

A. Rummel v. Estelle

B. Brewer v. Williams

VIII. Conclusion

TERMS/CONCEPTS/PEOPLE

Malum in se Malum prohibitum

Actus reus Mens rea

Scienter Proximate cause

Theories of punishment Elements of crime

Conspiracy Solicitation

Attempt Duress

Overbreadth Fourth Amendment

Vagueness Direct causation

CHAPTER TEST QUESTIONS

Multiple Choice Questions

1. Parole:

A. Allows the inmate to receive conditional early release from prison, provided that he or she meets the

rules established by the court;

B. Allows convicted felons to remain free from incarceration, provided they abide by a set of rules

established by the court;

C. Frees convicts from prison without restriction;

D. Removes a conviction from a person‘s record;

E. None of the above.

2. A degree of knowledge that person must have in order to be convicted of a particular crime, e.g.,

knowledge that the property was stolen in order to be convicted of receiving stolen

goods, is known as:

A. Signum;

B. Sigla;

C. Scienter;

D. Sine die;

E. Sich.

3. Which of the following is not a theory of punishment?

A. Different crimes should have different punishments;

B. Mutilation is considered an acceptable mode of punishment in the United States today;

C. Cruel and unusual punishment is prohibited by the Eighth Amendment of the U.S. Bill of Rights;

D. Capital punishment is reserved for certain types of murders;

E. Capital punishment is not considered cruel and unusual punishment by the courts.

4. Today, procedural rights of juveniles:

A. Are identical to those of adults in criminal proceedings;

B. Are most heavily influenced by the doctrine of

parens patriae;

C. Have been heavily influenced by In re Gault and In re Winship and closely resemble

the protections given to adults;

D. All of the above;

E. None of the above.

5. The landmark case setting forth the warnings that must be given to anyone placed under

arrest is:

A. Argersinger v. Hamlin;

B. Olmstead v. United States;

C. Mallory v. United States;

D. Miranda v. Arizona;

E. Kelo v. City of New London.

6. Items historically subject to seizure by the government in criminal cases are:

A. Contraband;

B. Fruits of the crime;

C. Instrumentalities of the crime;

D. All of the above;

E. None of the above.

7. Malum in se acts:

A. Are primarily civil in nature;

B. Are wrong in and of themselves;

C. Are wrong only because the law says so;

D. All of the above;

E.None of the above.

8. Which of the following is not a component that the State must prove to secure a

conviction against a defendant?

A. Identity of the perpetrator;

B. Location of the crime because that fixes venue;

C. Elements of the crime including mens rea and actus reus in most situations;

D. Causation;

E. None of the above.

9. A criminal statute must:

A. Not violate prohibition against bills of attainder;

B. Be written in such a way as to give fair and adequate notice of the forbidden conduct;

C. Specify a precise standard of conduct in terms of results that can reasonably be expected;

D. All of the above;

E. None of the above.

10. A person‘s responsibility for a crime may depend on:

A. Her age;

B. Her mental state;

C. Her degree of involvement;

D. All of the above;

E. None of the above.

11. The protections offered to those accused of crime:

A. Are protected only by the national government;

B. Are the sole responsibility of state governments;

C. Are found in provisions of both the U.S. Constitution and state constitutions;

D. Are found primarily in city charters;

E. None of the above.

12. Which of the following does not describe limitations on the state‘s power to regulate conduct?

A. U.S. Constitution;

B. Principle of limited government;

C. Enhanced protection of First Amendment rights;

D. State constitutions;

E. None of the above.

13. Which of the following is a major source of criminal law today?

A. Statutes;

B. Constitutions;

C. Common law;

D. Regulations;

E. None of the above.

14. Under the Fourth Amendment, the basic criterion for a police officer in conducting a search or making an

arrest is:

A. Reasonable suspicion that the person has engaged in unlawful activity;

B. A hunch because the person looks sleazy;

C. Probable cause based on a set of objective facts that the person has engaged in unlawful

activity;

D. Preponderance of the evidence;

E. None of the above.

15. Probation, often known as community supervision, is:

A. An early release from prison under specified terms;

B. Suspension of sentence under certain conditions for a convicted defendant;

C. Invariably granted for serious violent crimes;

D. All of the above;

E. None of the above.

16. In Susannah‘s trial for the murder of her mother, which of the following must the State prove in order to

obtain a conviction?

A. The mens rea of “intentionally and knowingly;“

B. Her motive of inheriting her mother‘s priceless collection of Waterford crystal;

C. The

actus reus

of taking a human life;

D. A and B;

E. B and C.

17. Once a criminal statute is enacted by the legislature, it is subject to interpretation by:

A. Individual officer;

B. District Attorney‘s Office;

C. Trial and appellate courts;

D. All of the above;

E. None of the above;

18. The exclusionary rule:

A. Provides that evidence obtained in violation of a person‘s constitutional rights by police must be

excluded in criminal trials;

B. Is triggered when a person is excluded from participating in a governmental benefit;

C. Is intended to deter improper police conduct in searches, seizures, and interrogations;

D. A and B;

E. A and C.

19. The ____________ of a case is determined by the geographical location of a crime.

A. Volf are;

B. Verdict;

C.

Venue;

D. Venire;

E. Volition.

20. Forms of

actus reus

include:

A. Positive acts;

B. Omissions;

C. Possession;

D. All of the above;

E. None of the above.

21. Which of the following accurately describes the criminal justice system in the United

States?

A. Adversarial in nature;

B. Concerned as much with procedural aspects of the process as with

the substance;

C. Political reflection of society’s values;

D. All of the above;

E. None of the above.

22. Criminal statutes:

A. Must show a compelling need to regulate conduct;

B. Must not be written in a vague manner;

C. Must provide adequate warning of the prohibited behavior;

D. Cannot be retroactive;

E. All of the above.

23. The same act, causing the death of an individual, may result in the defendant being charged with

different offenses depending on the:

A. Type of instrumentality used;

B. Public reaction to the crime;

C. Mental state or

mens rea

of the actor;

D. Motive;

E. All of the above.

Essay Questions

1. Discuss the enactment of criminal statutes and the limitations on the power of the government

to criminalize behavior.

2. “Criminal law is political.” Discuss various reasons why that statement is made.

3. Identify and discuss the various elements that may be necessary to the proof of a crime.

4. The crime of homicide involves both actus reus and mens rea. Discuss the statutory scheme

in your state that involves different degrees of mental fault and the effect of that system.

5. Discuss the concept of criminal responsibility. Be specific in describing various aspects of

criminal responsibility.

6. Discuss inchoate crimes.

7. There are a variety of legal defenses and justifications available to excuse or ameliorate

criminal responsibility. Discuss these including the distinction between a defense and an

affirmative defense.

8. Discuss the juvenile justice system.

9. Discuss the enactment of criminal statutes and the limitations on the power of government to criminalize

behavior and the interpretation.

10. Identify and discuss the various elements that may be necessary to the proof of a

crime including the different degrees of mental fault under the statute in your state.