CRIM-110 Lecture 2: Chapter 2
Introduction to Criminal Justice
INSTRUCTOR: DR. JOE WILLIAMS
Chapter 2
Common Law and Its Progeny
●“Criminal justice is always a reflection of the political, social environment of that time” -
Professor Joe Williams
●The Code of Hammurabi
○Lex talionis - an eye for an eye, a tooth for a tooth
■Death penalty for murder etc
●Israelites
○Mosaic Code
■Moses passed on the law of the tribes to Israel
■Religious views on how justice might be served
Criminal and Civil Law
●Criminal Law
○The body of law that defines criminal offenses and prescribes punishments for
their infractions
■***Prosecutor has the burden of proof or the requirement that the state
must meet to introduce evidence or establish facts
●For example, the police have to prove you have drugs.
■Proof must be beyond a reasonable doubt, which is the standard used by
jurors to arrive at a verdict - whether or not the government (prosecutor)
has established guilt beyond a reasonable doubt
■A penalty is prison or jail time, monetary fine, or community-based
punishment
●Civil Law
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○The plaintiff is the party who brings charges against you or the party who is
bringing a lawsuit or initiating legal action against someone else
○A defendant is a person against whom a criminal charge is pending; one charged
with a crime
○The burden of proof rests on the party seeking damages or remedy by a
preponderance of the evidence. This is often referred to as the “50 and a
feather” test.
Essential Elements
●Mens rea - guilty mind, or intent to commit a crime
○Intent: a purposeful act or state of mind to commit a crime
■*This makes the difference between murder and manslaughter
○Motive: The reason for committing a crime
○Real questions a trial tries to answer
■Did the defendant commit the illegal act?
■Did they have the necessary mental state to commit the illegal act?
●Actus reus - the criminal act
○A voluntary, overt act or intentional failure to act where there is a legal duty to
do so
Felonies and Misdemeanors
●Crimes are classified into two broad categories
○Felonies
■Death or jail sentence of more than one year
○Misdemeanors
■Less serious offense and is typically punishable by incarceration for less
than one year in a local jail
Part 1 Offenses
●FBI Uniform Crime Reports (UCR) 1929
○Designed to meet the need for reliable, uniform crime statistics
○Part 1 offenses
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Document Summary
Criminal justice is always a reflection of the political, social environment of that time - Lex talionis - an eye for an eye, a tooth for a tooth. Moses passed on the law of the tribes to israel. Religious views on how justice might be served. The body of law that defines criminal offenses and prescribes punishments for their infractions. ***prosecutor has the burden of proof or the requirement that the state must meet to introduce evidence or establish facts. For example, the police have to prove you have drugs. Proof must be beyond a reasonable doubt, which is the standard used by jurors to arrive at a verdict - whether or not the government (prosecutor) has established guilt beyond a reasonable doubt. A penalty is prison or jail time, monetary fine, or community-based punishment. The plaintiff is the party who brings charges against you or the party who is bringing a lawsuit or initiating legal action against someone else.
