Criminal Law - Outline v.2

Criminal Law - Outline v.2 - ness must be judged from the...

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Unformatted text preview: ness must be judged from the actors perspective and negligence must be judged objectively. Neither MPC nor ACC lower the burden of proof to below a reasonable doubt and (b) concern completed attempts. (a) is for conduct crimes and (b) is for result crimes Criminal Law Outline Aarons Fall 2007 I. Punishment A. In order for a general law to be effective, four conditions must be satisfied: a. The offender must know of the laws: i. Existence ii. Relevant content b. The offender must know which circumstances apply to which part of the law. c. The offender must be able to comply with the law. d. The offender must be willing to comply with the law. B. Pre-trial criminal law procedure: a. Alleged crime is reported to police. b. Crime is investigated or ignored. c. If there is probable cause -> suspect arrested d. After arrest, either of the following may occur: i. Arrestee entitled to preliminary hearing 2 weeks after arrest. ii. Grand jury considers whether there is enough evidence to indict. e. If judge or grand jury decides there is enough evidence to indict: i. Prosecutor may file an information which sets out formal charges and basic facts, OR ii. Grand jury issues indictment. f. Once indicted, accused may either: i. Make pre-trial motions and attempt to dismiss the charges ii. Plead guilty g. Trial begins C. Penal theories in action will likely not be covered on the midterm. Outline for final exam!!! II. Modern role of criminal statutes Overview: Criminal statutes are required to be stated in definite, unambiguous terms because (1) it gives fair notice of what conduct is prohibited, and (2) it defines a standard of guilt for the conduct. Courts make the assumption that a statute is constitutional. If there is disagreement as to whether a statute is constitutional or unconstitutional, the court should adopt the interpretation which results in a finding of constitutionality. (In re Banks a peeping tom statute was not unconstitutionally vague nor overly broad because prior court decisions had interpreted the meaning of the terms of the statute) Problems with vague laws: a. Hinder due process b. Dont provide fair warning c. Judges, juries, prosecutors, and defense attorneys need to know what type of conduct they are trying to curb If a statute is vague, we need to use the rule of leniency. We typically punish vague crimes to prevent other more serious crimes. Ex. Punish loitering because it could lead to vandalism. B. Common law - Three doctrines define the relationship between courts and legislatures a. Principle of legality condemns judicial crime creation; without a crime, there is no punishment; prosecutors need to go after crimes and not people....
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This note was uploaded on 04/17/2008 for the course LAW Criminal L taught by Professor Aarons during the Fall '07 term at Alabama.

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Criminal Law - Outline v.2 - ness must be judged from the...

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