Criminal Law Exam 1

History of crime

part of human condition since we lived in groups

murder, theft, or robbery called crime thousands of years ago

all societies have codes regulating conduct

What do laws do?

regulate human conducts

tell people what they can/cannot do

Democracy

a system of government in which the right to govern lies with the people

How do people participate in democracy

people vote directly or exercise their authority through elected representatives

Goals of democracy

to create laws that balance rights of individuals with societal needs

maintain public order, domestic tranquility, and protect basic rights

What do elected representatives and civil servants do?

enact, administer, and enforce laws

Roles of legislative branch

enact laws

declare war

confirm or reject Presidential appointments

substantive investigative powers

What is the legislative branch made up of

Congress, which is the House and the Senate

House vs. Senate

435 elected members divided among 50 states relative to population

200 senators, 2 per state

Role of executive

administer and enforce laws written by Congress

Role of president

acts as head of state and commander in chief of armed forces

Role of judicial

interprets laws

ensures laws and decisions align with Constitution

decide cases

judicial review to determine Constitutionality

Characteristics of federal judges

appointed by president

approved by Senate

serve for life

Levels of Judicial system (top to bottom)

Supreme Court

Appellate Court

Trial Court

Every state has two court systems…

1. Federal courts

2. State courts

Trial court

court of “original jurisdiction”

where lawsuits begin

evidence is first presented and testimony first heard

judge (and sometimes jury) determines facts and applies the law

decisions can be appealed

Appellate court

higher court reviewing decisions made by lower courts

do not hear new evidence or witness testimony

examine legal record to check for judgement errors

Purpose of appellate courts

determine if the law was applied correctly and proceedings were fair

Supreme court

highest court within jurisdiction

final court of appeal

judicial precedence

US Supreme Court

highest federal court in the US

9 justices

judicial precedence over all other courts in the nation

Judge

a judicial officers who presides over a court and renders judicial decisions

Justice

reserved for judges on highest courts

South Carolina Court System (3 parts)

1. SC Circuit Court (trial)

2. SC Court of Appeals (appellate)

3. SC Supreme Court

Once a conviction is affirmed by the highest state court, is it typically…

Final, unless defendants raise issue about the constitutionality of the conviction

How do defendants ask the US Supreme Court to review the constitutionality of a conviction?

A writ of certiorari

Writ

an order issued by a legal authority with administrative or judicial powers, typically a court

Writ of certiorari

a form of review of lower court decisions by the US Supreme Court

discretionary by court, most requests are denied

if denied, decision is final

Habeas corpus

a writ compelling the authority holding a person in confinement to explain the basis for that confinement

How is post-conviction review possible?

its limited under state post-conviction review laws and use of habeas corpus

When are habeas corpus issued?

when a court claims that a person is unlawfully detained

Where are habeas corpus often sought for in?

federal courts by prisoners in state prisons claiming their convictions violated the constitution

Public law

laws that apply to all people in a state or nation

Tort

a non-contractual, private wrong against an individual

punishment determined by individuals or civil court

crime

a public wrong against society

punishment determined in criminal court

moral wrong

violation of a moral or religious code

no punishment unless its a crime or tort

criminology

sociological/psychological study of causes of crime, control of crime, and conditions under which criminal law developed

criminalistics

the professional/scientific discipline directed to the recognition, identification, individualization, and evaluation of physical evidence by applying natural sciences

Criminology vs. criminalistics

Criminology is a branch of sociology

Criminalistics is application of science to criminal investigation

substantive criminal law

defines standards of conduct that society and the community require for protection of community as a whole

Goals of substantive law

to preserve public order and protect individual rights and privacy by defining unacceptable and punishable conduct

4 purposes of CJ system

1. Discourage/deter people from committing crimes

2. Protect society from dangerous and harmful people

3. Punish those who committed crimes

4. Rehabilitate/reform criminals

How are crimes classified?

according to their sources (statutory, administrative, or constitutional crimes)

as felonies or misdemeanors

Felony

most serious grade of crime, punished generally with 1+ years in prison

(ex. murder)

Misdemeanor

less serious offense, usually imprisonments of no more than a year (some states give longer sentences)

(ex. disorderly conduct)

Common punishments for misdemeanors

community service, probation, fines, less than a year of imprisonment

Felony vs. misdemeanor

1. felonies impact employment, credit rating, hiring, etc. while misdemeanors do not

2. people charged with felonies are given a preliminary hearing

3. laws governing arrests differ; broader authority given to officers for felony arrests; cannot arrest for misdemeanor if not committed in their presence

citizens arrests limited to…

felonies committed in the presence of the citizen