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CrimOutline_Clymer_Spring 2002

CrimOutline_Clymer_Spring 2002 - Introduction 1 Substantive...

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Introduction 1) Substantive Criminal Law a. Line → if you cross it, subject to sanctions b. Determines types of punishments (fines, probation, jail sentence, etc) c. Determines extent of punishments (how much, how long) 2) Role of government Agencies a. Legislature i. Draft statutes (important feature different from CL) ii. Look to the statute first for the starting point of where the line is drawn iii. Leg. can only punish past conduct, future conduct iv. Statutes : 1. Apply to groups, not individuals 2. “Elements” 3. Often determines sentencing in addition to defining the crime a. Exact Penalty (judge no discretion) b. Maximum Penalty (very common) c. Maximum and Minimum Penalty (controversial) d. Guidelines (suggestions based on severity of offense and criminal history of defendant) b. Executive Branch i. Enforces statutes by state/local agencies (police agencies) and federal agencies (FBI, DEA, secret service, postal inspectors) → usually work together by: 1. Arrest, Investigation, Prosecution ii. Lots of discretion before it reaches court (reading of statute, whether or not to arrest/prosecute, which charges brought) c. Judiciary i. Interpret statutes: meaning, constitutionality. Last word! ii. Administer the trial systems 3) Kinds of decisions a. Pre-trial motions to dismiss on constitutional issues i. Few constitutional constraints on substantive criminal law; often have to interpret before passing on constitutionality b. Evidentiary i. Relevant evidence only; scope depends on statute interpretation c. Motions for judgments on acquittal (JOA; Rule 29) i. After prosecution presents evidence (burden of proof, BARD), D can make JOA motion → looking at all evidence in light in favor of prosecution and drawing all possible inferences, no reasonable jury could find guilt BARD. ii. Example: assert “as a matter of law” a screw driver cannot be a deadly weapon d. Jury decision: instructions → jury must be informed of the elements that constitute of crime 4) Criminal v. Civil law a. Distinction: Societal condemnation and stigma that accompanies the criminal conviction b. Moral condemnation/weight of the community w/ criminal convictions; but rejects differences in the punishment, injury to society, involvement of public officials, notion of offender rehabilitation (Hart article) i. Controversial distinction → argument that civil convictions have a notion of moral condemnation as well; and not all condemnations always attach a moral stigma (physician assisted suicide). c. Leads to differences in how/where the line is drawn → each system (state, federal, tribal, military) has its own set of criminal laws 5) Model Penal Code a. Adopted in 1952 to provide the uncohesive, confusing sets of laws a coherent system with numbering. b. No state adopted in entirety but has been a very influential guideline/basis 6) Standard of Guilt: Beyond A Reasonable Doubt (BARD) a. Hierarchy (highest burden to least) i. BARD ii. Clear and Convincing standard iii. Preponderance of the Evidence iv. Probable Cause v. Reasonable Suspicion 1
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b. BARD is the highest standard because: i.
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