Introduction

Lesson Overview

The overall purpose of this lesson is to introduce the major concepts associated with criminal law and procedures situated within the American system of justice.  How law has evolved over time will be addressed along with a discussion of the major elements of a crime and differences between criminal and civil law.  A clear distinction will be made between procedure and substance with an emphasis on the due process of law.  Students will become familiar with the constitutional rights of Americans as embedded in the first ten amendments to the U.S. constitution (the Bill of Rights).  As pointed out by Siegel in Chapter 3, there should be a recognition that the rule of law governs all aspects of human interactions and enterprises, including crime, family life, property transfer and the regulation of interpersonal conflict.      

Lesson Objectives

By the end of this lesson, you should be able to:

• Discuss the historical roots of the modern day legal system and rule of law
• Identify sources of law in modern day society
• Explain the differences between substantive law, procedural law, and civil law
• Define the major concepts embedded within the Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments to the U.S. Constitution
• Describe the various defenses available to an alleged criminal defendant
• Define the terms:  common law, stare decisis, precedence, mala in se, mala prohibitum, actus reus, mens rea, and due process