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bb.outline.crimlawclassnotes - Criminal Law 1. Civil v....

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1. Civil v. Criminal Law a. Who is wronged: i. Criminal: Society Example: State v. Smith ii. Civil: Another individual or business Example: Smith v. Jones, Smith v. XYZ company, or XYZ company v. Smith b. Can you be subject to both Civil and Criminal penalties? i. You can be punished for the same act in both a civil and criminal trial OJ c. Burden of Proof: i. Civil: Beyond a reasonable doubt ii. Criminal: Preponderance of the evidence iii. *Beyond a shadow of a doubt not doubt iv. *reasonable doubt have doubt but not a reasonable one 2. Classification of Crimes – a. Degree of Seriousness i. Felonies: Most serious crimes 1. Punishment: death or imprisonment for more than one year ii. Misdemeanors: 1. Any crime that is not considered a felony 2. Punishment: fine or imprisonment for UP to one year. b. Purposes of Punishment i. Rehabilitation - we want to help the criminal get better ii. Incapacitation - we want to make it impossible for the criminal to commit any other crimes iii. Retribution - we need to make them pay for the wrong committed iv. Deterrence - punishment prevents others from committing the same crime 3. Constitutional Protections a. Fourth Amendment: Protection: right to be secure in persons, houses, papers, and effects i. Search Warrants 1. Must show probable cause to obtain search warrant 2. Businesses: protected as individuals ii. Exclusionary Rule : all evidence obtained in violation of constitutional rights, AND all evidence obtained as a result the illegally obtained evidence will usually be excluded from trial b. Fifth Amendment i. Due Process – 1. Substantive - requires you laws to be fair 2. Procedural - any procedure to enforce law be made fairly
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This note was uploaded on 04/26/2009 for the course LEB 323 taught by Professor Baker during the Spring '08 term at University of Texas at Austin.

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bb.outline.crimlawclassnotes - Criminal Law 1. Civil v....

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