Unit 1704: Foundations and Contemporary Issues in Criminal Law

1. Introduction to Criminal Law

1.1 Basic Concepts and Principles

• Definition and purpose of criminal law
• Distinction between civil and criminal law

1.2 Elements of a Crime

• Actus reus (guilty act)
• Mens rea (guilty mind)
• Concurrence and causation

1.3 Purposes of Criminal Law

• Deterrence
• Retribution
• Rehabilitation
• Incapacitation

2. Sources of Criminal Law

2.1 Constitutional Law

• Role of the constitution in criminal law
• Key constitutional provisions affecting criminal law

2.2 Statutory Law

• Legislated criminal statutes
• Role of legislatures

2.3 Common Law

• Judicial decisions and precedents
• Evolution of criminal law through case law

2.4 Administrative Regulations

• Role of administrative agencies
• Criminal regulations and enforcement

3. Criminal Liability

3.1 Actus Reus

• Voluntary acts
• Omissions and legal duties

3.2 Mens Rea

• Different mental states (intent, knowledge, recklessness, negligence)

3.3 Defenses to Criminal Liability

• Justifications (self-defense, necessity)
• Excuses (insanity, duress, intoxication)

4. Classification of Crimes

4.1 Felonies

• Definition and examples
• Penalties and consequences

4.2 Misdemeanors

• Definition and examples
• Penalties and consequences

4.3 Infractions

• Definition and examples
• Penalties and consequences

5. Criminal Procedure

5.1 Stages of a Criminal Case

• Investigation and arrest
• Charging and arraignment
• Pre-trial motions and discovery
• Trial process
• Sentencing
• Appeals

5.2 Roles in the Criminal Justice System

• Law enforcement officers
• Prosecutors
• Defense attorneys
• Judges
• Jurors

5.3 Rights of the Accused

• Presumption of innocence
• Right to counsel
• Right to remain silent
• Right to a fair and speedy trial

6. Constitutional Protections in Criminal Law

6.1 Right to Counsel

• Sixth Amendment overview
• Right to appointed counsel

6.2 Right to a Fair Trial

• Impartial jury
• Public trial
• Confrontation clause

6.3 Protections Against Unlawful Searches and Seizures

• Fourth Amendment protections
• Warrants and exceptions

7. Criminal Defenses

7.1 Self-Defense

• Elements and limitations

7.2 Insanity

• Legal standards (M'Naghten, Model Penal Code)
• Procedures for raising insanity defense

7.3 Duress

• Definition and application

7.4 Entrapment

• Government inducement
• Defendant's predisposition

8. Criminal Law and Technology

8.1 Cybercrimes

• Hacking, identity theft, cyberstalking

8.2 Digital Evidence

• Collection, preservation, and admissibility

8.3 Challenges of Emerging Technologies

• Encryption, anonymous networks, AI
• Impact on investigations and prosecutions

9. Comparative Criminal Law

9.1 Overview of Different Criminal Justice Systems

• Common law vs. civil law systems

9.2 Approaches to Punishment

• Retribution, rehabilitation, restorative justice

9.3 Rehabilitation and Recidivism

• Programs and outcomes
• Comparative statistics and methodologies

10. Emerging Issues in Criminal Law

10.1 Legalization of Marijuana

• Trends and legal frameworks
• Impact on criminal justice system

10.2 Criminal Justice Reform

• Sentencing reform
• Alternatives to incarceration

10.3 Impact of Social Movements

• Black Lives Matter and criminal justice
• Public perception and policy changes