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6 Pages
Crime and delenquency notes
Course: SOCI 3360, Spring 2011School: SMU
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Word Count: 502
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Kinds Three of law 1.)Federal 2.)State 3.)City Student Types of Law Criminal, Civil, Regulatory/Administrative (EPA,SEC,FDA) Regulatory may lead to criminal or civil. Hybrid Mental health law Juvenile/ family court (divorce separation) Military Native American Law Ordinances Each city/town can enforce their own State or Federal System What is being protected? Person (murder, assault...etc.) Property (ID theft,...
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Kinds Three of law
1.)Federal 2.)State 3.)City
Student Types of Law
Criminal, Civil, Regulatory/Administrative (EPA,SEC,FDA) Regulatory may lead to criminal or civil.
Hybrid
Mental health law Juvenile/ family court (divorce separation) Military Native American Law
Ordinances
Each city/town can enforce their own
State or Federal System
What is being protected? Person (murder, assault...etc.) Property (ID theft, larceny, burglary ...etc.)
Friday, January 21, 2011 What is protected?
Crimes Against Person
Stalking sexual harassment kidnap 1.) Lindbergh or ransom kidnapping extracting money 2.) kidnap for other then money (mothers who cant give birth) 3.) Hostage 4.) parents take kids 5.) Kidnapping with intent to commit future felony (rape, murder.. etc.)
Crimes against Self
Drugs (street) Legal Drugs Alcohol limits by age Seat belt laws Helmet law Suicide 1.) assisted suicide 2.) euthanasia
Public Safety
drugs and alcohol disturbing the peace DWI/DUID
/
Public Order
vagrancy (potential crime) loitering (potential crime) indecent exposure pan handling
Moral crimes
Used to be moral crimes
prostitution porn gambling adultery drugs
sodomy (Lawrence v. TX 2003) abortion (prior to 1973)
Family Crimes
Bi-ligamy polygamy polyandry (women with multiple husbands) incest child neglect/ endangerment/ abandonment non-support
Animals
torture animal fights neglect
Monday, January 24, 2011 Laws to Protect Country
Terrorism Spying Treason Border Counterfeit
Administration of Justice
Resisting arrest Perjury Filing False Police Report Jury/ Witness tampering Bribery of D.A./ Judges
Hate Crimes
Hate Homicide Hate Arson Hate Vandalism If a hate crime is proven the penalty is bumped up from say a second degree felony to a first. crimes Hate were bumped up for historical reason like the segregated south. Reasons against hate crimes is that it is a leverage tool for prosecutors. (5yr for arson or 20yr for hate crime). Right to be racists, equal treatment under the law.
Intent - indecent exposure
1.) Intent to arouse AND 2.) Reckless (someone offended) Example burglary can still be a conviction even if nothing was stolen because they had intent.
State and Federal Law can go up and down
CA Marijuana Law LA drinking age was last to raise to 21 Federal Gov. can withhold funding for infrastructure EPA ethanol 10% mandate
Can a drug crime be state or federal?
Levels of intent Homicide
1st Degree- planned/ pre-meditated 2nd Degree- crime of passion (intent found in the situation) 3rd Degree- manslaughter (lack intent or negligent)
Civil vs. Criminal
Ex. Gang violence (infinite reciprocity)
Third party: state
Inner tribal circle -> legal code "common" knowledge -> common law
Legal code
State criminal law
Philosophy (bible)------------------------Retribution (punish) Players (victim) ---------------------------State vs. Defendant Proof Sanctions Beyond a reasonable doubt fine/probation/jail/execute
Defendant/ Plaintiff can be a company, state, federal, or person
Civil law (Restitution)
Private Harm, Injury, Damage, Tort Plaintiff vs. Defendant State provided arena (referee)
Proof comes from majority of evidence Compensatory damages
Punitive damages for neglect Token awards Layers get 40% of cases Punitive damages with monetary and can be huge
Mental illness Law- involves people who are dangerous to themselves or others Can keep you for 30 days
1979 (civil court) supreme court said it had to have clear and convincing
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