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.
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- Spring '08
- USPTO, common law rights