Intro to Criminal Law - Intro to Criminal Law I Crime a Is...

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Intro to Criminal Law I. Crime a. Is an act or omission prohibited by law for the protection of the public. b. A violation is prosecuted by the state and punishable by fine, incarceration or other restrictions on liberty. II. Torts a. Civil cases where someone is injured and 3 things that distinguish them i. Who brings it (prosecutor or individuals) ii. Goal/outcome iii. Burden of proof b. A wrongful act that does not violate any enforceable agreement i. Fine goes to state, not injured or victim 1. goal is to punish ii. money damages go right to victim 1. loss of work 2. damages done 3. pain and suffering iii. still violates a legal right III. Burden of proof a. Beyond reasonable doubt i. To moral certainty ii. 90% certain IV. Preponderance of the evidence a. 51% of the evidence can win civil case i. OJ won criminal case, but lost civil case due to burden of proof V. Substantive law a. Body of rules (how to get married) i. Prohibits certain forms of conduct by defining crimes and establishing the parameters of penalties VI. Procedural law a. How a case flows through b. What rights people have c. How to appeal d. Regulates the enforcement of substantive law VII. Criminal law a. Society’s baseline, if you fall beyond you are punished VIII. Moral law a. “up in the clouds” what you would aspire to do i. Cannot enforce IX. Principal of legality a. No conduct is criminal unless the conduct is clearly a crime in the jurisdiction
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Classification of Crimes I. Misdemeanors versus felonies a. Felony i. Where a person can get more than one year in prison b. Misdemeanor i. Everything else ii. Punishable under a year II. Malum in se vs. malum prohibitum a. Malum in se i. Inherently wrong, bad dangerous b. Malum prohibitum i. Only wrong because legislature says so ii. Victimless crimes 1. speeding 2. drug offense 3. prostitution Justifications for punishment I. specific prevention a. prison, treatment, deterrence II. general prevention a. society as a whole they see someone get punished and society gets the message i. general deterrence III. retribution a. eye for an eye mentality Limits on Criminal Law making I. congress, doesn’t make a lot of criminal laws a. bulk of criminal law comes from state b. U.S. constitution limits congress c. U.S. constitution limits state, along with state constitution II. 8 Limitations in U.S. constitution a. Right to privacy b. Prohibition against vagueness (no vague laws) c. No cruel and unusual punishments d. Double jeopardy-cant be tried twice for same crime in the same jurisdiction e. No ex post facto laws f. No bills of attainer-immediately punished, no court g. Equal protection of the laws h. Status crimes
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Sources of Criminal Law I. Common law a. Judge made law II. Stare decisis a. Precedent, glue that keeps common law working III. Model penal code a. Consists of general provisions concerning criminal liability, definitions of specific crimes, defenses and sentences IV. Statutory codes V. Administrative laws a.
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Intro to Criminal Law - Intro to Criminal Law I Crime a Is...

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