CRIM WEEK 9 NOTES - The Common Law Tradition o Predominant...

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The Common Law Tradition o Predominant tradition of Great Britain; Central feature= case law o Judges are lawmakers o Most countries with a historical common law basis are now mixed systems; usually incorporate civil law o Until recently you could only bring suit against someone who harmed you if you were still alive- was no common law covering wrongful death The Code Law Tradition o Courts role is much more limited than it is in nation-states with common law; does not encompass judicial review o Most code law systems have their roots in Napoleonic code o Nation states with a code law tradition rely heavily on the codification of law o Roman law is the basis for Scotland and South Africa- Scotland looks to Roman code law as it was interpreted in “institutional writings” (core texts more than 200 years ago) Judges and juries may reach “not proven”- still guilty of crime but prosecution did not offer a convincing enough case Determination of guilt based on “preponderance of the evidence British and American guild is based on “guilt beyond reasonable doubt” o
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