Intro to criminal law

The emergance of law

Social laws created to prevent problematic behaviors by humans that can danger others

Civil and criminal laws distinguished

Civil seeks compensation for one who is wronged while criminal is looking to punish one who did wrong

Retribution

Punishment inflicted onto someone for their criminal act

Incapacitation

Removing or restricting the offender from society to protect others such as being thrown into hail

Deterrence

Specific detterance: which may be physical restraint or incapacitation such as incarceration for capital punishment

General deterrent: Preventing those from engaging in criminal behavior due to the punishment

Reform in rehabilitation

Emphasizes the possibility of changing in the offenders behavior

Morality in low

Mala in se: Evil in its self Mala prohibita: acts deemed evil by society

Judical branch of government

Interprets the law and holds the right to shut down a law that is deemed unconsitituinonal

U.S court systems

51 Dual court systems Diffrent courts within each state highest court Supreme Court each state has diffrent courts based on the crimes commited

The Model penal code and criminal law reform

No state can legally make laws that are less protected than laws made by the federal goverment they must be the same or higher

English common law and its impact

English common law provided a basis for much of the U.S civil and criminal laws. Common laws comes from customs traditions and judicial decisions and other materials that guide courts in decisions making.

Statutory law

Criminals acts are only recognized if the legislations enacted a law that claims that it is criminal

Constitutions

Federal and state constitutions are meant to protect people. No law can be less protected than the federal law state constitution must either be the same or have more protections than the federal law

Judical decisions and customs

Decions by the Supreme Court can alter laws made and case law is real law

Administrative law

Administrative law comes rom reulgulations and rules made by agencies that congress and state legislators have given power to make and enforce those regulations

Grade offense

Violations misdiminers felony’s all are when someone breaks a law but each have diffrent forms of punishment depending on what they did

Moral turpitude

Acts that are base, vile and immoral. Ex Revocation of doctors license and disbarment of lawyer

Expo factor factor laws/bill of attainder

You cannot be changed for a crime if you did not commit it when the crime wasnt illegal. Also laws cannot be made specifically against you

Cruel and unusually punishment

8th amendment prohibits cruel and unusual punishment you cannot be sentences to punishment thats way harsher than what you did

Due process and equal protection

Right to be heard by a judge and you must have the same rights as any other individual

The adverse system

You are innocent unless proven guilty the state must prove guilt and that is a heavy burden because of the standard of proof required in a criminal case

Right to jury trial

Right against self incrimination 15th amend

Right to confront accuseres

Right to a speedy trial( if violated case is dismissed) 5th amendment

Right to informed of charges

Right against double jeopardy 5th amend

Right to an attorney

Right to compensation if land is taken by government

The burden of proof

The prosecution must bring all the Elements of beyond reusable doubt to prove that the defendant is guilty.

The judge and the jury

The judges job is to

4 elements of crime

Actus reus: guilty acT

Mens reus: guilty mind

Concurrence: The guilty mind and act must both happen together

Causation: what extent the person has criminal consequence

Criminal intent

Purposely- Concsious object or purpose

Knowingly- Aware of conduct and aware it is practally certain that such convert will cause result

Recklessly- Consciously disregards a substanical and unjustifiable risk and such disregarded.

Negligently- actor shud be aware of substantial and unjustifble risk such a nature and d regret that actor falluire to perceive it considering the nature and degree

Strict liability

Liability without fault

Vicarious liabiity

Imputs criminal act of one person to another

Enterprise liability

Imputes criminal act of one person to another

-Limited

-Corporations only responsible for criminal acts of agents when agents are acting within scope of corporate employment

When punishment is death or imprisonment not applicable

Nixon v general services

Bills of attainder that are directly passed against you not allowed

Kennedy v Louisiana

Violation of the 8th amendment cruel and unusual punishment

In re winship

In order to find that a child is a Juvenal delucent burden of proof must be established Beyond reasonable doubt to be sent to Juivnal if found guilt of an act that would have been changed for an adult is handled differently if it is a minor