FOUNDATIONS OF CRIMINAL LAW

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FOUNDATIONS OF CRIMINAL LAW

CHAPTER OBJECTIVES

This chapter introduces students to the study of criminal law and its sources, history, and objectives. Discussion on causes of crime and how societies deal with crime provides the basis for the study ahead. The chapter addresses how the student can make the best use of the features in the text and concludes with several case stories to pique student interest, provide factual settings for examples, and demonstrate the kinds of events that may lead to criminal prosecution.

LECTURE OUTLINE

• Introduction

II. Overview of the Legal System

• Rule of Law
• The Constitution
• Separation of Powers
• Police Power

III. Criminal Law

• Purpose of Criminal Law

• Key terms include criminal law, rule of law, federalism, police power • Analysis Problem 1–1

• Sources of Criminal Law
• Model Penal Code
• Administrative Crime
• International Crime
• Change in the Criminal Law
• Divisions of Criminal Law
• Due Process
• Classification of Crimes

• Key terms include law, civil law, canon law, common law, legal precedent, stare decisis, Magna Carta, ex post facto laws, Model Penal Code and Commentaries, substantive criminal law, procedural criminal law, due process, substantive due process, procedural due process, notice, mala in se, mala prohibita, felony, capital crime, misdemeanor, petty offense, violation IV. Punishment and Criminal Law

• Introduction
• Retribution
• Deterrence
• Rehabilitation

• Key terms include retribution, deterrence, general (Criminal Law and Procedure for the Paralegal, 4e James McCord, Sandra McCord, Suzanne Bailey) (Solution Manual all Chapters) 1 / 4

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deterrence, individual (specific) deterrence, recidivism, rehabilitati on, restorative justice • Analysis Problem 1– 2

PREPARING

FOR CLASS:

INSTRUCTIONAL SUPPLEMENTS

• Using Internet sites listed at the end of the chapter, research current

crime statistics and trends, incarceration rates; research the Supreme Court Web site and discuss some of the major issues recently decided by the Court or those that the Court has agreed to hear in the upcoming year, and so forth, to present to the class.

• Decide how you will use the features and assignments of the text and

how you will expect students to use them, especially the system folder.

• Visit suggested Web sites and add your own suggestions and critiques.

SUGGESTED CLASS ACTIVITY

Invite a sociologist or criminologist to class to discuss causes of crime and possible solutions, effectiveness of punishment, or similar topics.

SYSTEM FOLDER ASSIGNMENTS

• Set up your system folder as follows: Arrange the tabs in a 2-inch binder

as needed and as indicated by the system folder assignments located at the end • The section ends with questions for discussin g the objectives of punishment and their validity in a variety of situations.

• Critical Reason and Criminal Law

VI. The Dilemma of Crime in a Free Society • Analysis Problem 1–3 VII. Crime in the United States

• Current State of Crime
• Reasons for Drop in Crime

C. Special Concerns: Present and Future

• Analysis Problem 1–4 • Sections V, VI, and VII raise many questions for class discussion.VIII. Practical Considerations for the Study of Criminal Law

• The Significance of Studying Criminal Law

B. About This Text: Applying State Law

• The System Folder

• System Folder Assignments IX. Sample Cases

• Case I
• Case II
• Case III
• Case IV
• Case V
• Case VI
• Conclusion 2 / 4

Foundations of Criminal Law „ 3

of each chapter and in Appendix B. Add to the table of contents as needed throughout the course. At the end of each chapter you will find a list of items to add to your folder.

• As you progress through the text, add important Web sites to your system folder. Organize them by chapter or general topic.

APPLICATION ASSIGNMENT

Using the Internet, find one current article on the federalization of crime and prepare a brief summary of the article.

INTERNET EXERCISES

• Go to the Internet Legal Resource Guide and scroll through the home

page to see the array of useful information. Then scroll back to the section on the legal profession and find the most current salary information for paralegals (legal assistants).

Answer: Students should have no trouble finding a current salary. Consider

commenting that such figures frequently overlook bonuses that often add 10 percent to the salary figure.

• Go to the Bureau of Justice Statistics site. Find the section on courts and

sentencing, court organization. What are the exceptions to 12-member juries with a unanimous verdict?

Answer: Four states use eight- or six-member juries for noncapital felonies; two states do not require unanimous verdicts in such cases.

ANALYSIS PROBLEMS

1–1. Concern has been voiced over the increased federalization of criminal law (passage of federal laws that parallel state crimes). Considering federalism and states rights issues, under what circumstances should the federal government add—or not add—new crime laws?1–2. Assume that each of the defendants in the sample cases at the end of this chapter has been convicted. For each case, decide whether retribution, deterrence, or rehabilitation is the most appropriate in sentencing.1–3. In what ways does the Internet enhance our liberty? Should the government be allowed to limit that liberty? Should state courts or federal courts have jurisdiction over the Internet?1–4. Of the concerns about crime presented in this section, which deserve the most resources and why? 3 / 4

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QUESTIONS FOR STUDY AND REVIEW

• Define law and explain its general purpose.

Answer: Law is a set of formal rules enacted by government officials to regulate the relationships among citizens, businesses, governments, and nations. The purpose of law is to prevent chaos and to promote societal order, which leads to security, productivity, and the higher expressions of human progress.

• What is the rule of law and why is it so important?

Answer: The principle that all members of a society must obey the established

laws is known as the rule of law. It includes the idea that those who govern are also bound by laws and may not rule by whim or allow personal interest to be served. The rule of law is essential to the formation of the legal system.

• What is federalism? What are the primary powers granted to the federal

government? The states?

Answer: Federalism refers to both the relationship between the national

government and each state and the relationship among the states. The primary powers granted to the federal government are the powers to regulate interstate and foreign commerce and to make all laws necessary and proper for it to exercise its powers and functions as specified by the Constitution. The powers reserved to the states, referred to as police powers, are those not specifically vested in the federal government or prohibited to the states.

• What is meant by the broad term police power?

Answer: Police power is the state government’s authority to enact and enforce

laws to promote the public health, safety, morals, and general welfare.

• What is the purpose of criminal law? How is it different from civil law?

Answer: The purpose of criminal law is to prevent individual harm. It identifies conduct subject to prosecution and penalty by the state, and it applies to all persons. Civil law is concerned with the rights of individuals in their relationships with other individuals, and is designed to provide compensation to injured persons.

• Why is it important for a paralegal to understand our legal heritage?

Answer: An understanding of our legal heritage offers the paralegal both

valuable perspective and healthy skepticism when analyzing current legal issues.

• Discuss some of the significant historical contributions to our criminal

law and state why they are important.

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