Criminology
The Basics of Law and Crime in America
Module 1
Law and Crime
• Not so simple to define these terms
• Exhibit a binary relationship
• Modern law exists to preserve a balance
between liberty and safety
• Crime is a violation of that balance
Origin of Law
• At first law was strength – “might makes right”
• Then human society becomes more complex –
shamans, chiefs control law
– Divine authority legitimizes these laws
– Feudal systems of Europe and Asia built around
Divine Right of Kings
– Determination of guilt, enforcement of law, and
punishment of offenders used to be done by this
same priestly/noble class
Origins of Law
• History is rife with examples of priest/kings
and their harsh legal codes
– Hammurabi in Mesopotamia
– Moses in the Holy Land
– Draco in Ancient Greece
– The Spanish Inquisition
– The English Star Chamber
Two Sides of the Coin
Criminal Law
• Crimes that are an affront
or danger to the entire
society
• Require jury trials today
• An example would be the OJ
Simpson trial
Civil Law
• Property disputes between
two individuals
• Aka Tort Law
• An example would be
People’s Court
Chinese Prefects
• Seeds of modern day crime investigation were
the prefectures of Ancient China
• Prefects – government officials chosen by
merit to investigate criminal activity in an
impartial manner
– Power to detain suspects for interrogation
– Power to obtain witness testimony
– Financial support for local governors
The Trial
• The trial of today evolved from the old trial by
combat system of ancient times
• The accused selects a champion (defense
attorney) to battle the prosecution for her/him
• In America, defense is given the overall advantage
– This is due to the abuses that subjects of the British
crown were enduring as a byproduct of the Star
Chamber (aristocratic courts with judges hand picked
by the king or queen)
Winning
• In order for the prosecution to win a trial,
these attorneys must use the tools below to
convince 12 individuals like the defendant of
guilt BEYOND A SHADOW OF REASONABLE
DOUBT
– Evidence
– Witness Testimony
– Opportunity
– Motive
Evidence
• What are your two kinds of evidence and how
do they differ?
Evidence
• What are your two kinds of evidence and how
do they differ?
– Physical evidence
• Tangible materials (i.e. blood droplets, murder
weapons, skid marks)
– Circumstantial evidence
• Intangible observations (i.e. strange behaviors,
corroborating circumstances)
Witnesses
• What are the three types of witnesses and
how do they differ?
Witnesses
• What are the three types of witnesses and
how do they differ?
– Material witnesses – those present at the scene of
the crime or had direct contact with physical
evidence
– Expert witnesses – those with keen insight into
evidence or criminal mind states
– Character witnesses – those who can vouch for
the past behavior and overall lifestyle and attitude
of the defendant
Opportunity
• In order to prove the guilt of a defendant, the
prosecution must establish that he/she could
have committed the crime
• Aspects
– Window of time
– Physical capability
– Access to murder weapon
• Examples
– Infamous origin of Denim Day
– “Obesity defense”
Opportunity
• Defense can easily poke a hole in prosecution
argument if they can establish an alibi for the
defendant
– Witness testimony or physical evidence that
defendant did not opportunity to commit the
crime
– Examples
• With a loved one
• Receipt from a store time stamped during the criminal
act’s time frame
• Video surveillance footage
Motive
• Reasons for committing a crime
– Can be rational or irrational
– Prosecution needs to explain why the crime
happened to the jury
• Defense has a chance to counter with their
own reason why defendant has no motive OR
someone else has better motive to commit
the crime
• Insanity pleas can be used for irrational
motives to reduce sentences after conviction
Summary
•
•
•
•
•
Evidence – the “what” of the crime
Witnesses – the “who” of the crime
Opportunity – the “when” of the crime
Motive – the “why” of the crime
Crime Scene – the “where” of the crime
• These are the rudimentary tools you need to
begin your basic examination of criminal cases