Classification of Crimes and Sources of Criminal Law

This section delves deeper into the classification of crimes and explores the various sources of criminal law.

Vocabulary:

• Malum in se: A wrong in itself, inherently evil and immoral in nature.
• Malum prohibitum: A wrong that is prohibited by statute but not inherently evil.

Examples of malum in se crimes include battery, robbery, murder, and rape. Malum prohibitum offenses typically include traffic offenses, regulatory laws, and carrying a concealed weapon.

The criminal law is divided into general and specific parts:

1. General principles: Voluntary act, criminal intent, complicity, attempt, justification, and excuse.
2. Specific principles: Crimes against persons, property, public order and morals, and the state.

Highlight: The sources of criminal law include the Constitution, state constitutions, common law, US criminal code, state criminal codes, municipal ordinances, judicial decisions, and administrative agencies.

The document traces the common law origin of criminal law, explaining how it evolved from unwritten law based on community customs to being incorporated into court decisions. It also discusses the role of criminal codes, including state legislatures and the Model Penal Code, which influenced more than 40 states to change their criminal codes.

Example: Administrative agency crimes are an important source of criminal law. For instance, the IRS, EPA, and SEC have the authority to make rules that can result in criminal penalties if violated.

The levels of criminal law are outlined as federal, state, and local, with explanations of how they sometimes overlap and interact.

Criminal Punishment and Its Purposes

This section focuses on the concept of criminal punishment and its various purposes within the justice system.

Definition: Criminal punishment is the intentional infliction of pain or other unpleasant consequences by the state on an individual who has committed a crime.

The principle of legality is introduced, stating "No crime without a law, no punishment without a crime." This fundamental concept ensures that individuals can only be punished for actions that were explicitly defined as crimes at the time they were committed.

The purposes of criminal punishment are explored in detail:

1. Retribution Backward-looking Punishes individuals for committing crimes Based on the concept of "just deserts" Requires culpability $blameworthiness$

Highlight: Retribution is based on the idea that it is morally right to punish criminals, but it requires that the offender be culpable for their actions.

2. Prevention Forward-looking Aims to prevent future crimes through various mechanisms

The prevention aspect of punishment is further divided into:

• General deterrence
• Special deterrence
• Incapacitation
• Rehabilitation

Example: General deterrence aims to prevent crime by making an example of punished criminals, thereby discouraging others from committing similar offenses.

The document emphasizes that punishment can only be justly applied to those who can be blamed for their actions, and blame can only be assigned to individuals who freely chose to and intended to harm their victims.

Quote: "We can punish only those whom we can blame, and we can blame only those who freely chose to and intend to harm their victim."

This comprehensive overview of criminal law and punishment provides a solid foundation for understanding the key concepts and principles that govern the criminal justice system.

Purposes of Criminal Punishment

This page delves into the various purposes of criminal punishment, focusing on two main categories: retribution and prevention.

Retribution is described as a backward-looking approach to punishment:

Highlight: Retribution punishes individuals for committing crimes based on the concept of "just deserts," meaning it's right to hurt criminals who have hurt others.

The text emphasizes that retribution requires culpability and depends on blame. It can only be applied to those who freely chose to and intended to harm their victims.

Prevention, on the other hand, is described as a forward-looking approach to punishment:

Definition: Prevention inflicts pain not for its own sake, but to prevent future crimes.

The text outlines four main types of preventive punishment:

1. General deterrence
2. Special deterrence
3. Incapacitation
4. Rehabilitation

Example: General deterrence aims to prevent crime by threatening potential offenders with punishment, while special deterrence focuses on preventing a specific offender from committing future crimes.

The page concludes by beginning to explain the concept of general deterrence in more detail, setting up for further discussion in the following pages.

Types of Preventive Punishment

This page continues the discussion on preventive punishment, elaborating on the four main types introduced in the previous page.

General deterrence is explained in more detail:

Definition: General deterrence aims to prevent crime by threatening potential offenders with punishment, thereby discouraging them from committing offenses.

The text then moves on to discuss special deterrence:

Highlight: Special deterrence focuses on preventing a specific offender from committing future crimes by making the experience of punishment so unpleasant that they will not want to risk experiencing it again.

Incapacitation is introduced as another form of preventive punishment:

Definition: Incapacitation involves physically preventing offenders from committing further crimes, typically through imprisonment or other forms of confinement.

Finally, the concept of rehabilitation is explained:

Highlight: Rehabilitation aims to reform offenders and help them become law-abiding citizens, often through education, vocational training, or therapy programs.

The text emphasizes that these different approaches to preventive punishment are not mutually exclusive and can be combined in various ways within a criminal justice system.

Example: A prison sentence might serve the purposes of incapacitation, special deterrence, and rehabilitation simultaneously, while also contributing to general deterrence in society at large.

The page concludes by noting that the balance between these different purposes of punishment can vary depending on the specific criminal justice system and the prevailing philosophy of criminal law in a given jurisdiction.

Criminal Procedure and Burden of Proof

Page five details the procedural aspects of criminal law, including burdens of proof and defenses.

Definition: Corpus delicti refers to the body of the crime or essential elements that must be proven.

Highlight: The prosecution must prove guilt beyond a reasonable doubt, the highest legal standard.

Example: Affirmative defenses require defendants to present evidence and meet specific burdens of proof.

Criminal Law and Criminal Liability

Criminal law deals with conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individuals or public interests. This section explores the key differences between crimes and torts, as well as the classification and grading of crimes.

Definition: Criminal liability refers to conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to an individual or public interests.

The difference between tort and crime is explained through several key distinctions:

• Crimes are criminal wrongs that harm the community, while torts are noncriminal wrongs that harm individuals.
• The government brings actions for crimes, seeking punishment, while non-government parties bring actions for torts, seeking damages.
• In criminal cases, the injured party is the victim, while in tort cases, the injured party is the plaintiff.

Highlight: The classification and grading of crimes include categories such as mala in se $inherently evil$, mala prohibita $prohibited by law$, felonies, and misdemeanors.

Crimes are further classified as:

• Felonies: Serious offenses punishable by confinement in state or federal prison for one year to life without parole.
• Misdemeanors: Less serious offenses punishable by fines or confinement in local jail for up to 1 year.

Example: A capital offense is an example of a felony, while a traffic violation is typically classified as a misdemeanor.

The document also outlines the authorized terms of imprisonment for different classes of felonies and misdemeanors in Missouri, providing a clear structure for understanding the severity of various offenses.