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.
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.
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 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.
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.
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.
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.
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.
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 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.
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 Principle
Originally applied to capital cases, it increasingly influences all sentencing reviews.
Ensures that punishments are just and align with the crime committed.
Jury's Function
Juries determine guilt or innocence but traditionally do not decide sentencing.
Exception: In capital cases, juries must participate in sentencing decisions.
New Recording 40
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.
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.
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 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.
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.
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.
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.
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.
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 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.
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 Principle
Originally applied to capital cases, it increasingly influences all sentencing reviews.
Ensures that punishments are just and align with the crime committed.
Jury's Function
Juries determine guilt or innocence but traditionally do not decide sentencing.
Exception: In capital cases, juries must participate in sentencing decisions.