chapter 7-9 review - CHAPTER7 Crime is a wrong committed...

CHAPTER 7
Crime is a wrong committed against society; criminal law helps conform behavior of citizens to societal
norms; certain activities so bad they must be flatly prohibited in the best interests of society ; brought by
agent of gov against wrongdoer, remedy sought is usually punishment
o There can be both civil and criminal suits for same activity
o Defendant’s guilty beyond a reasonable doubt
· Most serious = treason, if not either felonies or misdemeanors, depends on severity of punishment;
felony = death or 1+ years in prison, misdemeanors are all else
o Malum in se – inherently wicked
o Malum prohibitum – crimes b/c legislature said they are wrongful
· Primary purposes of punishment: rehabilitation/reformation, restraint/incapacitation, retribution,
deterrence
Constitutional Protections
4th amendment- Provides protection against unreasonable searches
 Either have a warrant or a warrantless search statute
 Can’t have either without probable cause
o Probable Cause: One looks into the evidence and believes the defendant has committed
a crime based off of reasonability. If it appears suspicious, it probably is.
Mapp v Ohio Case
 The supreme court has verified evidence that is improperly seized on a bad warrant
 If the warrant is bad, the evidence isn’t allowed in trial
 MUST be seized properly
o Jury will never see the evidence if not
o There are Good Faith exceptions (f rom US v Leon ), which are the following: if the
evidence is seized in good faith, it is still allowed in a court of law
1. If a warrant is accidentally invalid
1. Example: A law enforcement goes to a judge and need a warrant and the
judge grants it, but he was the wrong judge in the wrong jurisdiction
b. Accidental or improper execution of a warrant that appears to be valid
1. Has the wrong name or number or address
2. Will be illegal to seize evidence at a wrong place
5th amendment: Due process rights. Right to not have to incriminate yourself.
 Double jeopardy:
o If someone is tried for a crime and is found not guilty, and then retried for the same crime.
Even if there’s new evidence.
o One trial, one shot usually.
o What is NOT double jeopardy:
 Appeal to a case. An appeal is an effort to connect something in a case.
 Not the admission of new evidence.
 Not when someone is tried in both civil and criminal courts
o Exceedingly rare
 Most important thing about the 5th amendment:
o “ I refuse to answer that question on the grounds that the response may tend to
incriminate me.”
 Miranda rights:
o Police must tell you when you’re being arrested. “You have the right to remain silent...”
- think about the scene from 21/22 Jump Street where Jonah and Channing
forget to say the Miranda Rights to the person they arrest so they get in trouble with their
chief.