bb.outline.crimlaw

bb.outline.crimlaw - Criminal Law Corresponding Reading...

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Criminal Law Corresponding Reading Assignment: Text: 188-210; 212-215 On Blackboard: - Murder v. Manslaughter Supplemental Document: - Your rights if pulled over for Drunk Driving 1. Civil v. Criminal Law a. The civil law adjusts rights between or among individuals b. In enacting criminal statutes, a government is saying that there are certain activities so inherently contrary to the public good that they must be flatly prohibited in the best interests of society c. A civil lawsuit is brought by one individual or company against another d. A criminal action is always brought by an agent of the government against the alleged wrongdoer e. The essence of a criminal prosecution is the injury that the defendant’s wrongful act caused society f. Who is wronged: i. Criminal: a wrong committed against society state vs. Smith ii. Civil: another individual or business smith vs. jones g. Can you be subject to both Civil and Criminal penalties? i. Yes OJ h. Burden of Proof: a critical difference i. Civil: a plaintiff in a civil action must prove the elements of recovery by only a “preponderance of the evidence” Preponderance of the evidence ii. Criminal: A higher standard of proof must be met by prosecutors Beyond a reasonable doubt Jurors must be convinced of the defendant’s guilt “beyond a reasonable doubt” before the guilty verdict is appropriate 2. Classification of Crimes – a. Degree of Seriousness i. Felonies: any crime in which the punishment is either death or imprisonment for more than one year in a state penitentiary, as in the cases of murder, robbery, or rape Most serious crimes Punishment death or imprisonment for more than one year ii. Misdemeanors: all crimes carrying lesser penalties
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any crime that is not considered a felony punishment : fine or imprisonment for up to one year b. Crimes such as murder, rape, arson, or robbery are evil in and of themselves such acts are called malum in se , meanng that they are criminal because they are inherently wicked i. Malum prohibitum - meaning that they are crimes merely because the legislature has said that they are wrongful. c. Murder is usually a concern only of the state in which it occurred unless it occurred on federal property, the victim was a federal official, or it has occurred as part of an interstate kidnapping d. (4) Purposes of Punishment: not imposed to compensate the victim i. Rehabilitation or reformation ii. Restraint or incapacitation iii. Retribution –(“an eye for an eye”) iv. Deterrence - to persuade the wrongdoer being punished not to err again and, at the same time, to provide an example that might generally deter other potential lawbreakers 3. Constitutional Protections a. Once arrested, a criminal defendant has the considerable power and resources of the government lined up against him or her b. Fourth Amendment : protects people against “unreasonable searches and seizures,” requiring that search warrants not be issued absent “probable
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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.

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bb.outline.crimlaw - Criminal Law Corresponding Reading...

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