ch.2

criminal law

‘substantive criminal law', deals w/ the legal definitions of crime

Criminal procedure

deals w/ things the conduct of trials and the limitations of the polices ability to search a persons property, etc

Constitutional law

Determines how the American people organize their government

Tort law

Deals with private injuries

Tort law example

When one person hurts another person in a car car accident and only allows for monetary compensation for victims

Family law

Determines issues such as marriage, divorce, and adoption

Criminal law

Can be understood as a set of lines that, if you cross them, the state will intervene and punish you (usually by taking away freedoms)

Only portion of law that allows the government to kill its own citizens (through execution) when not at war

The Rule of the Law

Ideal meant to prevent criminal laws from becoming a tools for would be dictators

used by judges to guide the interpretation and application of the law

Ex Post Facto Laws

Laws that attempt to criminalize behavior that occurred before the laws were passed

Ban on ex post facto laws

Ban on unclear laws

“void for vagueness”, and struct construction in legal interpretation

Vagueness doctrine

Valid laws must clerly describe which acts are prohibited by the law

Strict construction

Judges should interpret criminal laws as narrowly as possible; wheneveer there are two equally plausible interpretation of a law, judges should apply the one that is more limited in scope.

Prevents judges or the police from unfairly prosecuting people for violating a law that a person had every reason to believe they were obeying when they acted

Common law

Legal tradition in England and the United States where courts determine the meanings of laws through a series of pinions or precedents that are binding

Common principles are used in federal law as well as in laws in all but one state

What is common law often referred to as and why?

“judge made law” because judges play a role in interpreting the law; they tell us what the law means

Stare Decisis

“To stand by things decided”

Binding precedent that the next judge must follow; judges are hesitant to break existing precedent

How many distinct legal systems in the U.S

54 (one for every state)

A 53rd legal system would be the Uniform Code of Military Justice (UCMJ)

Part of federal law but doesn’t apply to people outside of the military

Model Penal Code (MPC)

Created vy ALI (American Law Institute); help U.S. states modernize and standardize their criminal laws

Capital punishment

Legal execution of a person for a serious crime, ordered by the state

An Actus Reus

A guilty act

Mens Rea

A guilty mind

ACTUS REUS + MENS REA + (CAUSATION) =

Crime

Inchoate Crimes

Crimes that have yet to lead to any real harm, such as attempt, solicitation, and conspiracy; the person has not actually hurt somebody but will probably do so in the future

Common Mentes reae

Intent, recklessness, negligence

Elements of a crime

Actus Reus, Mens Rea, Intent, Recklessness, Negligence, Strict liability, Causation

Capital offenses

Offenses that merit the death penalty

Negligence in leading to a lesser sentence

Jury may elect to convict the defendant but for a lesser crime w a mens rea of negligence

Strict liability

Only focus on the Actus Reus component legal standard that holds a party responsible for damages or injuries without needing to prove fault, negligence, or malicious intent

Strict liability offenses

Crimes that do not require a mens rea

ex. statutory rape laws

A “heat of passion” homicide would be most likely considered

manslaughter

First form of defense

Failure of proof defense; prosecution has failed to prove that the defendant committed the crime

Second defense = justification

Acknowledges that the defendant committed the crime but argues that she shouldn’t be punished, because it was the right thing to do at the time

ex. self defense and necessity

Third category of defense, excuses, acknowledges

that the defendant committed the crime but she shouldn’t be punished because she is not really to blame for her actions

ex. insanity

Stand your ground laws

Laws that make it easier for individuals to use force in self defense

Duress

Duress means being forced to do something against your will through unlawful threats, violence, or intimidation'; therefore cannot be prosecuted bc they acted under duress