Lec004_CS_Ch04_cj_ruleoflaw_studnotes

Lec004_CS_Ch04_cj_ruleoflaw_studnotes - Criminal Justice...

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Unformatted text preview: Criminal Justice and the Rule of Law Chapter 4 Foundations of Criminal Law What is Criminal Law ? Centerpiece of our discussion on crimes Maintains standards of conduct; Discourage socially unacceptable behavior So there may be order and justice in society Evolves and changes as human consciousness change Civil Law vs. Criminal Law Criminal : crime against the state Civil : arbitration to fix blame on a specific damage or injury Foundations of Criminal Law Criminal Law: Substantive criminal law Defines acts subject to punishment; Punishments for those acts Procedural criminal law process of enforcing substantive law How defendants can be prosecuted What are their rights: protect them against the adversarial criminal justice Foundations of Substantive law Common Law Originated in England: Royal Judges: traveled throughout England Began replacing local customs with "national law" for the law to be "common" throughout the nation Formed precedents which the judges followed in later rulings Law of Precedents : "stare decisis”: “to stand by things that had been decided”...
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This note was uploaded on 03/18/2008 for the course CJ 110 taught by Professor Maxwell during the Spring '08 term at Michigan State University.

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Lec004_CS_Ch04_cj_ruleoflaw_studnotes - Criminal Justice...

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