Introduction to Criminal Law Types of Law

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l Statutory Law – “law on the books” – “Written or codified law as enacted by a government body or agency having the power to make laws” (Schmalleger, 2001: 119). l Case Law – “interpreting law on the books” – “The body of judicial precedent, historically built upon legal reasoning and past interpretations of statutory laws, that serves as a guide to decision making, especially in the courts” (Schmalleger, 2001: 119). Sources and Aspects of Criminal Law – Related to how we arrive at some procedural criminal law [coming up later in lecture]

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Development of US Law Types of Law l Code of Hammurabi l Roman Law l Criminal Law l Common Law – Substantive Criminal Law – Procedural Criminal Law l The Magna Carta l Civil Law l US Constitution l Administrative Law l Natural Law l Case Law l Mala en se and Mala prohibita – Stare Decisis l The Rule of Law l Horizontal and vertical

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Stare Decisis in the Real World Types of Criminal Violations l Offense l Caveat about morals and pushy professors – traffic ticket, jay walking, spitting, etc – Your moral views are fine and so are mine. I’m not trying to convince you convert to my moral beliefs l Misdemeanor l Rice v. Caetano and Office of Hawaiian – max usually 6 mos to a year in county jail Affairs [OHA] elections l Felony – OHA is an agency charged with disbursing – can be sent to prison for over one year particular funds and benefits to those who may l Treason be classified as "Native Hawaiians” ’ [Wikipedia] – trying to overthrow a gov t l Inchoate Offense l How it affected Kamehameha schools – conspiracy type of crimes like with Mafia admissions copyright Michael Hallstone Ph.D. 5 copyright Michael Hallstone Ph.D. 6

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Features of a Criminal Offense l actus rea = a guilty act – There must have been a criminal act committed by someone l mens rea = a guilty mind – (multiple types of) – That person have a culpable mental state at time of the criminal act – Not the same as a motive – Strict liability and mens rea l Both must occur together for a crime to have taken place = “Concurrence”