Chapter 1-3

Crime

An act or omission prohibited by law for public protection; it is prosecuted by the state.

Criminal Prosecution

The legal process initiated by the state representing societal interests, which can lead to penalties like fines or incarceration.

Example of Crime

The act of stealing a car, charged as theft, which endangers public safety and order.

Model Penal Code (MPC)

A standardized set of criminal laws adopted in various states to define criminal acts and establish consistent penalties.

Degrees of Crime under MPC

Crimes are categorized into various degrees that guide how different felonies and misdemeanors are prosecuted and punished.

Burden of Proof in Criminal Law

In criminal trials, the prosecutor must prove the defendant's guilt beyond a reasonable doubt, requiring compelling evidence.

Burden of Proof in Civil Cases

In civil lawsuits, the plaintiff only needs to demonstrate liability by a preponderance of the evidence (more than 50% likelihood).

Dual Liability

A scenario in which an individual can face both criminal charges and civil lawsuits simultaneously for the same act.

Substantive Law

Defines what constitutes a crime and specifies the associated punishments, forming the core of criminal accountability.

Example of Substantive Law

Laws differentiating between first-degree murder (premeditated) and manslaughter (heat of passion).

Procedural Law

Regulates the processes involved in the legal system, including arrest procedures, evidence handling, and defendants' rights.

Miranda Warning

A procedural law requirement that informs suspects of their rights during an arrest.

Criminal vs. Moral Law

Criminal law sets minimum behavior standards enforced with state punishments; moral law reflects individual ethical standards.

Principle of Legality

No conduct can be deemed criminal unless explicitly defined by law, ensuring legal clarity and certainty.

Example of Legal Clarity

Individuals can only be penalized for behaviors after a newly enacted law has gone into effect.

Felonies

Serious crimes typically resulting in severe penalties, such as imprisonment for over a year or death penalty; examples include murder and robbery.

Misdemeanors

Less serious offenses punishable by lighter penalties, often resulting in fines or imprisonment for less than one year.

Malum in Se

Acts that are inherently wrong or evil, like murder, which are punished universally in criminal law.

Malum Prohibitum

Acts that are wrong solely because they are prohibited by law, such as regulatory offenses like speeding.

Justifications for Punishment

Include specific prevention (prevent future crimes), general prevention (deter the public), and retribution (punish for wrongdoing).

Sources of Criminal Law

Originates from common law, Model Penal Code, modern statutory codes, administrative crimes, and the U.S. Constitution.

Liability for Crime - Principle in the First Degree

Refers to the primary actor who directly commits a crime and is the main party responsible for the offense.

Principle in the Second Degree

Individuals who assist the principal actor or are present during the commission of the crime, often held liable for involvement.

Accessory Before the Fact

Those who assist or encourage a crime before its commission but are not present at the crime scene.

Accessory After the Fact

Individuals who help a perpetrator avoid arrest, conceal evidence, or evade prosecution after the crime has been committed.

Specific Prevention

Punishment aimed at preventing the offender from committing further crimes through methods such as incapacitation.

General Prevention

The aim of deterring the general public from committing similar offenses through the imposition of penalties.

Retribution

Punishment philosophy based on the idea that wrongdoings deserve punishment, often summarized as 'an eye for an eye'.

Right to Privacy

Protects citizens from prosecution for private conduct, including personal choices regarding contraceptives and consensual sexual activities.

Prohibition Against Vagueness

Legal requirement for laws to be drafted clearly, providing sufficient notice of what constitutes criminal behavior.

No Double Jeopardy

Legal protection preventing individuals from being tried twice for the same offense, safeguarding against governmental abuse.

No Cruel and Unusual Punishments

Eighth Amendment principle prohibiting excessively harsh punishments that do not fit the crime committed.

Example of Ex Post Facto Laws

If a state law changes to criminalize an action, individuals cannot be prosecuted for actions taken before the law's enactment.