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New Recording 40

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New Recording 40

Decision Making in Criminal Behavior

  • Choice vs. Determinism

    • Decision-making comes with risks, including arrest and accountability.

    • Rehabilitation must be part of the conversation about crime.

  • Determinism

    • Views crime as influenced by forces beyond an individual's control.

    • Rather than culpability, it suggests punishment for societal institutions responsible.

Society and Accountability

  • Shift of Responsibility

    • Increasingly, individuals blame external factors for their actions.

    • Examples include:

      • Mental health services failing to assist.

      • Lack of support from social services or education systems.

    • This trend decreases personal responsibility for individual choices.

Law Enforcement and Social Responsibility

  • Police Enforcement

    • Claims of over-enforcement by police leading to wrongful arrests are prevalent.

    • Lack of ownership of personal actions leads to societal issues.

  • Community Impact

    • Students are encouraged to think critically about their future roles in community and justice.

    • The evolution of laws will depend on active participation in societal discourse.

Rehabilitation and Crime Definition

  • Rehabilitation Concerns

    • Rehabilitation is critiqued as an unproven theory, potentially misclassifying offenders as needing treatment rather than punishment.

  • Stigmatization of Crime

    • Labeling behaviors as crimes can lead to lasting punishments and societal rejection.

    • The need for a societal consensus on what constitutes a crime is emphasized.

  • Societal Choice

    • The next generation must choose between strict adherence to laws or leniency that may accept wrongful acts as legitimate expressions.

Evolution of Criminal Justice

  • Cyclical Nature

    • Criminal justice principles have evolved over two centuries.

    • The discourse around punishment justifications changes over time:

      • 1960s: Rehabilitation was the focus.

      • 1980s: Retribution and incapacitation gained support for stricter punishments.

Legal Presumptions and Burden of Proof

  • Presumption of Innocence

    • Each accused individual is presumed innocent until proven guilty.

    • The prosecution bears the burden of proof, which is the highest standard in law: beyond a reasonable doubt.

  • Standard of Proof Differences

    • Criminal trials require a unanimous verdict (generally 12 jurors).

    • Civil cases require a different standard: preponderance of evidence, needing only 5 out of 6 jurors to agree.

Defense Strategies in Criminal Law

  • Affirmative Defenses

    • Defendants can claim self-defense, mental incapacity, or duress.

    • These defenses require evidence, shifting the burden to the defendant to prove validity.

  • Common Defense Types

    • "Failure of Proof Theory" is the most typical defense where prosecution's shortcomings are highlighted.

Trials in Criminal Law

  • Types of Trials

    • Jury Trials: Most common form involving a group of jurors deciding on guilt.

    • Bench Trials: Conducted before a judge; rare due to lack of jury involvement.

Corpus Delicti

  • Definition in Criminal Law

    • Refers to the essential elements that constitute a crime.

    • The substance or elemental nature of a crime must be proven to establish that a crime occurred.

Case Law and Legal Precedents

  • Case Law Importance

    • Understanding and analyzing prior rulings shapes current and future legal arguments.

    • The principle of stare decisis ensures stability and predictability in the law.

  • Appellate Courts

    • Only convicted defendants have the right to appeal; the government cannot appeal acquittals.

Constitutional Constraints in Criminal Law

  • Bill of Rights

    • Establishes limits on federal power and ensures rights for individuals.

    • Principle of legality: "No law, no crime, no crime, no punishment" is crucial in understanding criminal law.

  • Ex Post Facto Laws

    • Laws cannot be made retroactive, criminalizing actions already taken.

Proportionality and Sentencing

  • Proportionality Principle

    • Originally applied to capital cases, it increasingly influences all sentencing reviews.

    • Ensures that punishments are just and align with the crime committed.

Role of Juries in Sentencing

  • Jury's Function

    • Juries determine guilt or innocence but traditionally do not decide sentencing.

    • Exception: In capital cases, juries must participate in sentencing decisions.