The Nature and History of Criminal Law

What is the definition of law?

Law is that which is laid down, ordained, or established, consisting of a body of rules of action or conduct prescribed by a controlling authority, having binding legal force.

What distinguishes laws from other rules?

Not all rules have binding legal force, so only those that do are considered laws.

What are morals in the context of law?

Morals are ethical principles that guide behavior.

What are norms?

Norms are underlying principles that are inherent in society.

What are mores?

Mores are rules that govern serious violations of the social code.

What is the significance of public prohibition in criminal law?

Public prohibition is necessary for the government to take action against violations of criminal law.

How is criminal law defined?

Criminal law is the body of rules and regulations that defines and specifies punishments for offenses of a public nature or for wrongs committed against the state or society.

What are violations of criminal law called?

Violations of criminal law are called crimes.

What is natural law?

Natural law consists of rules inherent to human nature and order, derived from intuition, inspiration, or reason, without reference to man-made laws.

Who is associated with the concept of natural law?

The concept of natural law is associated with Aristotle.

What is positive law?

Positive law refers to laws that are legitimately created and enforced by the government.

What is the origin of Common Law?

Common Law originated from use and custom rather than written statutes.

What are the primary sources of criminal law?

Sources include constitutions, statutes, ordinances, regulations, and common law.

What distinguishes Civil Law from Common Law?

Civil Law primarily deals with disputes between private parties, while Common Law includes criminal law.

What are the three traditional classifications of crimes?

Property crimes, personal crimes, and public-order offenses.

What is the definition of a felony?

Felonies are serious crimes punishable by at least a year in prison.

What is the difference between misdemeanors and infractions?

Misdemeanors are less serious crimes punishable by less than a year in jail, while infractions are minor offenses usually resulting in citations.

What is the role of statutes in relation to Common Law?

Statutes codify common law, but when statutory provisions don't fit a case, courts may revert back to common law.

What is the purpose of punitive damages?

Punitive damages are intended to punish or deter beyond mere compensation.

What is strict liability in tort law?

Strict liability holds defendants liable for harm caused by ultra hazardous activities, regardless of negligence.

What is the significance of the Model Penal Code?

The Model Penal Code is a proposed model for states to use in developing or revising their statutory codes.

How does federalism relate to criminal law?

Federalism involves the creation of 50 state criminal codes, a separate U.S. criminal code, and local ordinances.

What is the role of the legislative branch in criminal law?

The legislative branch defines what is criminal and establishes the criminal process.

What is the significance of constitutions in criminal law?

Constitutions limit government power and guard personal liberties, serving as a standard against which other statutes are judged.

What is the difference between torts and crimes?

Torts involve civil liability for injuries, while crimes involve prosecution by the state.

What is the purpose of criminal laws?

Criminal laws are enacted to address compelling public needs to regulate conduct.

What does the term 'tortfeasor' refer to?

A tortfeasor is a person who commits a tort, injuring another through careless or intentional behavior.

What is the role of the executive branch in the legal system?

The executive branch, led by the president, holds all executive authority.

What is the difference between intentional torts and negligence?

Intentional torts involve deliberate harm, while negligence involves unintentional harm due to careless behavior.

What is the impact of state constitutions on criminal law?

State constitutions cannot reduce rights granted by the federal constitution.

What is the significance of community rules in the legal system?

Community rules can evolve into national legal systems through customs and precedents.

What is the role of courts in the context of Common Law?

Courts can declare law and set precedents, with lower courts bound by higher court decisions.

What is the role of the Chief law enforcement officer?

To investigate, prevent, and prosecute crime.

What are the components of the judicial system in the United States as of 2015?

1 Supreme Court, 13 appellate courts, and 94 district courts, along with several specialty federal courts.

What percentage of criminal cases are heard by state courts?

90%.

What are the main functions of the judicial system?

To hear and resolve legal disputes, oversee the criminal investigatory process, and act as guardians of governmental architecture.

What is judicial review?

The power of the court to review actions of the executive and legislative branches and declare them void if they are not allowed by the Constitution.

What characterizes the adversarial system of justice?

The prosecution and defense are pitted against each other, with the truth found through competing evidence.

What is the role of the judge in an adversarial system?

The judge plays a passive role.

Who bears the burden of proof in a criminal trial?

The government.

Is the defense obligated to prove the defendant's innocence?

No, the defense is not obligated to prove innocence.

What must the prosecution prove in a criminal case?

Guilt beyond a reasonable doubt.

What is the standard of proof known as 'preponderance of the evidence'?

A level for determining legal liability where the probability is over 50% that the defendant did what is claimed.

What does 'clear and convincing evidence' refer to?

A level of factual proof used in civil cases involving personal liberty, between more probable than not and no reasonable doubt.

What is the Rule of Law?

The belief that an orderly society must have established principles and known codes applied uniformly and fairly to all members.

Why is due process necessary?

To guarantee that individual rights are protected.

Which amendments protect due process?

The 5th and 14th amendments.

What was the original intention of the Bill of Rights?

To restrict the federal government, which also applies to states.

What rights are incorporated to apply to the states?

Only those rights found by the Supreme Court to be fundamental and necessary for ordered liberty.

What is the focus of Chapter 1 in the textbook?

The Nature and History of Criminal Law.

What is criminal law?

The body of law that pertains to crime and the legal punishment of criminal offenses.

What distinguishes criminal behavior from morals in sociology?

Criminal behavior is often seen as a violation of social norms, while morals pertain to personal beliefs about right and wrong.

What is the significance of violating social norms unintentionally?

Such violations are typically excused, as they are not seen as deliberate deviance.

How are violations of norms and mores categorized in sociology?

They are considered deviant behavior.

What does criminal law study?

Criminal law studies defenses against criminal accusations and the punishments for those crimes.

What are the two main types of law discussed in the historical and philosophical perspectives of law?

Natural law and positive law.

Who is a key figure associated with the foundations of natural law?

Aristotle.

What is Thomas Aquinas's view on man-made laws?

He believed that man-made laws that contradict natural law are corrupt in God's eyes.

What does positive law require for legitimacy?

It must be created and implemented in ways acceptable to most people.

What is the oldest written law code, and what does it distinguish?

The Code of Ur distinguishes between compensation and punishment.

What is more comprehensive than the Code of Ur?

The Code of Hammurabi, which covers property rights, crimes, and punishments.

What is the significance of the Twelve Tables in Roman law?

They provided a collection of basic rules governing family, religion, and economic life.

What legal tradition developed in England and how was it characterized?

The Common Law Tradition, characterized by decentralized laws and local practices.

What was the impact of William the Conqueror on English law?

He sought the unification of codes, leading to the creation of common law.

What does 'stare decisis' refer to in the context of common law?

It refers to the principle that higher court decisions bind lower courts to ensure consistency in the law.

How does common law relate to statutes?

Common law is subordinate to statutes, which prevail in legal matters.

What is a tort?

An unlawful violation of a private legal right, other than a mere breach of contract.

What is the difference between mala in se and mala prohibita crimes?

Mala in se are wrong in themselves, while mala prohibita are offenses that are prohibited by law.

What is the purpose of criminal law according to Weber?

To regulate human activities, provide individual freedoms, and support social order.

What are the sources of criminal law?

Living sources include constitutions, statutes, ordinances, regulations, and common law.

What is the Model Penal Code (MPC)?

A proposed model for developing and revising statutes to clarify and simplify the law.

What is the concept of federalism in the context of the legal system?

It refers to the division of power between the central government and various state and local governments.

What is the adversarial system in criminal procedure?

It is a legal system where two parties present their case to an impartial judge or jury.

What are the two basic elements of criminal conduct?

Mens rea (criminal mind) and actus reus (criminal act).

What is actus reus?

The physical act or conduct that constitutes a crime.

What does mens rea refer to?

The mental state or intention behind committing a crime.

What is the significance of voluntary acts in criminal liability?

Only voluntary actions can result in criminal liability; involuntary actions typically do not.

What is constructive possession?

Control over an item even if the person does not have physical custody of it.

What is the difference between general intent and specific intent in criminal law?

General intent refers to the intention to perform an act, while specific intent refers to the intention to achieve a particular result.

What are strict liability crimes?

Crimes that do not require a culpable mental state and are punishable regardless of intent.

What does the term 'concurrence' mean in criminal law?

It refers to the requirement that the criminal act and the mental state occur together.

What is the role of element analysis in criminal liability?

Elements of a crime must be proven beyond a reasonable doubt for a conviction.

What is the significance of the insanity defense in relation to mens rea?

It argues that a defendant was unable to form the requisite mental state due to mental illness.

What is the relationship between motive and mens rea?

Motive does not need to be proven for a conviction, but it may influence sentencing.