Chapter 1
Criminal Law and Criminal Punishment
An Overview
LEARNING OBJECTIVES
After studying this chapter, students will:
1. define and understand what behavior deserves criminal punishment.
2. understand and appreciate the relationship between the general and special parts of
criminal law.
3. identify, describe, and understand the main sources of criminal law.
4. define criminal punishment, to know the difference between criminal and non
criminal sanctions, and to understand the purposes of each.
5. define and appreciate the significance of the presumption of innocence and burden
of proof as they relate to criminal liability.
6. understand the role of informal discretion and appreciate its relationship to formal
criminal law.
7. understand the text-case method and how to apply it to the study of criminal law.
CHAPTER OUTLINE
I. What Behavior Deserves Criminal Punishment?
II. Crimes and NonCriminal Wrongs
III. Classifying Crimes
IV. The General and Special Parts of Criminal Law
A. The General Part of Criminal Law
B. The Special Part of Criminal Law
,
V. The Sources of Criminal Law
A. Common-Law Crimes
1. State common-law crimes
2. Federal common law crimes
B. State Criminal Codes
C. The Model Penal Code
D. Municipal Ordinances
E. Administrative Agencies
VI. Criminal Law in a Federal System
VII.What’s the Appropriate Punishment for Criminal Behavior
A. The Definition of Criminal Punishment
B. The Purposes of Criminal Punishment
1. Retribution
2. Prevention
a. General and Special Deterrence
b. Incapacitation
c. Rehabilitation
VIII. Presumption of Innocence
A. Burden of Proof of Criminal Conduct
B. Proving the Defenses of Justification and Excuse
IX. Discretionary Decision Making
X. The Text-Case Method
A. The Parts of the Case Excerpts
B. Briefing the Case Excerpts
C. Finding Cases
,
XI. Chapter Summary
XII.Review Questions
CHAPTER SUMMARY
The criminal law can be boiled down to answering two questions: (1) What behavior
deserves criminal punishment, and (2) What is the appropriate punishment for criminal
behavior. Criminal behavior can be summarized into three basic categories: violent crimes,
property crimes, and minor crimes. The American Law Institute’s (ALI) Model Penal Code
(MPC) provides a definition of behavior that deserves punishment also known as criminal
liability. Criminal liability falls on “conduct that unjustifiably and inexcusably inflicts or
threatens substantial harm to individual or public interests” (1985, § 1.02(1)(a)).
Non-criminal wrongs are called “torts.” They are private wrongs for which one party
(plaintiff) can sue the party who wronged them (defendant) and recover money (damages).
Crimes and torts represent two different ways our legal system responds to social and
individual harm. Crimes and torts are both different and similar.
Crimes can be classified or graded according to many schemes. The most widely used
scheme for classifying crimes is according to the kind and quantity of punishment. Felonies
are crimes punishable by death or confinement in the state’s prison for one year to life
without parole; misdemeanors are punishable by fine and/or confinement in the local jail
for up to one year.
Criminal law consists of two parts: a general part and a special part. The general part of
criminal law consists of principles that apply to more than one crime. Most state criminal
codes today include a general part. The special part of criminal law defines specific crimes
and arranges them into groups according to subject matter.
Most criminal law is found in state criminal codes created by elected representatives in
state legislatures and municipal codes created by city and town councils elected by the
people. There’s also a substantial body of criminal law in the U.S. Criminal Code created by
Congress. Judges’ court opinions were the original source of criminal law, and it remained
, that way for several centuries. Crimes defined by judges’ court opinions are known as
common-law crimes.
After the final draft of the Model Penal Code (MPC) in 1962, most states changed their penal
code to be more like the MPC and less like the common-law. Most of the criminal law is left
up to the states. The U.S. government’s power is limited to crimes specifically related to
national interests, such as crimes committed on military bases and other national property;
crimes against federal officers; and crimes that are difficult for one state to prosecute.
Although the United States has only 5% of the world’s population, it has almost 25% of the
world’s prisoners. Punishment means intentionally inflicting pain or other unpleasant
consequences on another person. A criminal penalty can take many forms and must meet
four criteria: it must inflict pain or other unpleasant consequences, be prescribed in the
same law that defines the crime, be administered intentionally, and be administered by the
state.
The purpose of criminal punishment is explained by several rationales. Retribution looks
back to past crimes and punishes individuals for committing them, because it’s right to hurt
them. Prevention, in the form of deterrence (general and specific), looks forward and inflicts
pain, not for its own sake, but to prevent or reduce future crimes. Rehabilitation aims to
prevent future crimes by changing individual offenders so they’ll want to play by the rules
and won’t commit any more crimes in the future. Incapacitation restrains convicted
offenders from committing further crimes.
A not guilty verdict doesn’t mean innocent; it means the government didn’t prove its case
beyond a reasonable doubt. Think of “not guilty” as “not legally guilty.” A guilty verdict
doesn’t mean not innocent; it means the government proved its case beyond a reasonable
doubt.
Discretionary decision making is decision making that’s hidden from view. It includes the
police decision to investigate or not, prosecutors decision to charge, judges suspending
sentences, and more.
This textbook uses the text-case method. It includes explanatory text and excerpts from
court cases/opinions. The text part of the book explains the general principles of criminal
law and the definitions of specific crimes. The case excerpts involve real-life crimes that
apply the general information in the text to real-life situations.
There are seven main parts of each case: the (1) title, (2) citation, (3) procedural history, (4)
judge, (5) facts, (6) decision, and (7) opinion. There are several different types of case
opinions, these include majority opinions, dissenting opinions, concurring opinions, and
plurality opinions.
Criminal Law and Criminal Punishment
An Overview
LEARNING OBJECTIVES
After studying this chapter, students will:
1. define and understand what behavior deserves criminal punishment.
2. understand and appreciate the relationship between the general and special parts of
criminal law.
3. identify, describe, and understand the main sources of criminal law.
4. define criminal punishment, to know the difference between criminal and non
criminal sanctions, and to understand the purposes of each.
5. define and appreciate the significance of the presumption of innocence and burden
of proof as they relate to criminal liability.
6. understand the role of informal discretion and appreciate its relationship to formal
criminal law.
7. understand the text-case method and how to apply it to the study of criminal law.
CHAPTER OUTLINE
I. What Behavior Deserves Criminal Punishment?
II. Crimes and NonCriminal Wrongs
III. Classifying Crimes
IV. The General and Special Parts of Criminal Law
A. The General Part of Criminal Law
B. The Special Part of Criminal Law
,
V. The Sources of Criminal Law
A. Common-Law Crimes
1. State common-law crimes
2. Federal common law crimes
B. State Criminal Codes
C. The Model Penal Code
D. Municipal Ordinances
E. Administrative Agencies
VI. Criminal Law in a Federal System
VII.What’s the Appropriate Punishment for Criminal Behavior
A. The Definition of Criminal Punishment
B. The Purposes of Criminal Punishment
1. Retribution
2. Prevention
a. General and Special Deterrence
b. Incapacitation
c. Rehabilitation
VIII. Presumption of Innocence
A. Burden of Proof of Criminal Conduct
B. Proving the Defenses of Justification and Excuse
IX. Discretionary Decision Making
X. The Text-Case Method
A. The Parts of the Case Excerpts
B. Briefing the Case Excerpts
C. Finding Cases
,
XI. Chapter Summary
XII.Review Questions
CHAPTER SUMMARY
The criminal law can be boiled down to answering two questions: (1) What behavior
deserves criminal punishment, and (2) What is the appropriate punishment for criminal
behavior. Criminal behavior can be summarized into three basic categories: violent crimes,
property crimes, and minor crimes. The American Law Institute’s (ALI) Model Penal Code
(MPC) provides a definition of behavior that deserves punishment also known as criminal
liability. Criminal liability falls on “conduct that unjustifiably and inexcusably inflicts or
threatens substantial harm to individual or public interests” (1985, § 1.02(1)(a)).
Non-criminal wrongs are called “torts.” They are private wrongs for which one party
(plaintiff) can sue the party who wronged them (defendant) and recover money (damages).
Crimes and torts represent two different ways our legal system responds to social and
individual harm. Crimes and torts are both different and similar.
Crimes can be classified or graded according to many schemes. The most widely used
scheme for classifying crimes is according to the kind and quantity of punishment. Felonies
are crimes punishable by death or confinement in the state’s prison for one year to life
without parole; misdemeanors are punishable by fine and/or confinement in the local jail
for up to one year.
Criminal law consists of two parts: a general part and a special part. The general part of
criminal law consists of principles that apply to more than one crime. Most state criminal
codes today include a general part. The special part of criminal law defines specific crimes
and arranges them into groups according to subject matter.
Most criminal law is found in state criminal codes created by elected representatives in
state legislatures and municipal codes created by city and town councils elected by the
people. There’s also a substantial body of criminal law in the U.S. Criminal Code created by
Congress. Judges’ court opinions were the original source of criminal law, and it remained
, that way for several centuries. Crimes defined by judges’ court opinions are known as
common-law crimes.
After the final draft of the Model Penal Code (MPC) in 1962, most states changed their penal
code to be more like the MPC and less like the common-law. Most of the criminal law is left
up to the states. The U.S. government’s power is limited to crimes specifically related to
national interests, such as crimes committed on military bases and other national property;
crimes against federal officers; and crimes that are difficult for one state to prosecute.
Although the United States has only 5% of the world’s population, it has almost 25% of the
world’s prisoners. Punishment means intentionally inflicting pain or other unpleasant
consequences on another person. A criminal penalty can take many forms and must meet
four criteria: it must inflict pain or other unpleasant consequences, be prescribed in the
same law that defines the crime, be administered intentionally, and be administered by the
state.
The purpose of criminal punishment is explained by several rationales. Retribution looks
back to past crimes and punishes individuals for committing them, because it’s right to hurt
them. Prevention, in the form of deterrence (general and specific), looks forward and inflicts
pain, not for its own sake, but to prevent or reduce future crimes. Rehabilitation aims to
prevent future crimes by changing individual offenders so they’ll want to play by the rules
and won’t commit any more crimes in the future. Incapacitation restrains convicted
offenders from committing further crimes.
A not guilty verdict doesn’t mean innocent; it means the government didn’t prove its case
beyond a reasonable doubt. Think of “not guilty” as “not legally guilty.” A guilty verdict
doesn’t mean not innocent; it means the government proved its case beyond a reasonable
doubt.
Discretionary decision making is decision making that’s hidden from view. It includes the
police decision to investigate or not, prosecutors decision to charge, judges suspending
sentences, and more.
This textbook uses the text-case method. It includes explanatory text and excerpts from
court cases/opinions. The text part of the book explains the general principles of criminal
law and the definitions of specific crimes. The case excerpts involve real-life crimes that
apply the general information in the text to real-life situations.
There are seven main parts of each case: the (1) title, (2) citation, (3) procedural history, (4)
judge, (5) facts, (6) decision, and (7) opinion. There are several different types of case
opinions, these include majority opinions, dissenting opinions, concurring opinions, and
plurality opinions.
