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crimlaw_class - Criminal Law Class Notes Tuesday, August...

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Criminal Law Class Notes Tuesday, August 22, 2006 Criminal Justice System: Criminal Justice System: - Deterrence o Deters crime through threat of punishment - Reform o Of convicted criminals o Levels of punishment aimed at reform Ex. Community service, smaller prison sentences, etc. - Protection of victims/citizens o By separating dangerous convicted criminals from society - Fairness o Middle/Third Party Judge and/or jury o Punishment fits the crime Uniform, standard guidelines regardless of location/defendant o Fair to victim and defendant Due process Upholding of U.S. & State constitutions State constitution takes precedence if it offers greater rights to the defendant - Efficiency o Timely proceedings - Nullification o Justice takes precedence over law o Ex. Ragland case - Access to the Appellate process o Alternative means if a party questions the ruling of the court - Checks on the system to prevent corruption o Ensure fairness o Different levels in Judicial Politics - Adaptability o The law should reflect the changing values of the demography Essential Components of the CJS Constitutional Criminal Procedure Criminal Law Reliably determine who committed the crime - 5 th & 14 th Amendments - Due Process - Identification - Requirements for culpability Reliably determine whether a crime was - 5 th & 14 th Amendments - Definitions of crimes/Elements 1
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committed - Due Process Efficiency - 6 th Amendment à Speedy trial - Statute of limitations on crimes - More serious crime, the longer the time during which it can be prosecuted Predictability - Article 1, section 9 - No ex post facto laws (done after the fact) - Section 9 – Federal government - Section 10 – State government - Need to know what we aren’t permitted to do in advance - 6 th Amendment - Location of trial previously ascertained by law Impartiality - 6 th Amendment - “Impartial jury” - Objective standard against which to judge conduct Fairness to Defendant - 5 th Amendment - Requirement of an indictment by a grand jury - Double jeopardy - Right to remain silent - 6 th Amendment 1) “To be informed of the nature & cause of the accusation” 2) To confront witnesses - Clearly spelling out the components of a crime which must be proven with evidence beyond a reasonable doubt Thursday, August 24, 2006 Fear of the Daggers – Box – Box PG 26 Key Facts Objective or Subjective Element - Threatened by gang if he didn’t harm Peppe ( motive) S – shows state of mind - Voluntarily drunk à effects state of mind S - Get knife, to Peppe’s house à premeditation S 2
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- Flails about, damaging property à action and state of mind O/S - Spent night in brother’s apartment à escaping S - Flees town à feels he did something wrong S - Permanent injury to Peppe O - 3 years before Peppe reports him to the police - Withholds name from police for fear of Box’s reprisals Neither – Peppe’s state of mind & actions, not Box’s -Don’t need Peppe’s state of mind to assess Box’s guilt Issues: Intention Alcohol/intoxication à voluntary Coercion – availability of other safe options
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crimlaw_class - Criminal Law Class Notes Tuesday, August...

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