Crim law outline - CRIMINAL LAW Lynn Feldman Can jump...

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1 CRIMINAL LAW Lynn Feldman Can jump Morning and night class Will stop at same time in both classes Lecture I-01122005 Homicide (at common law) is the killing of a human being by another human being. Traditional crime: defined by act committed/ omitted required by law Does not focus on result Essence is : social harm caused not the physical act that is banned that should be focus of crime CRIME = (general definition) Any social harm that is defined and made punishable by law. Criminal law: based on punishment, D can be fined, imprisoned or executed. Conviction carries a “stigma” that reduces chances in life specially in employment. Punishment= suffering that is purposefully inflicted by state b/c one of “its” laws were broken. Purpose of punishment: Deterrent: incapacitation of those who if released, rehabilitation Retribution: vent upon the criminal Common law crimes are basis for most crimes Society has also criminalized a range of anti social behavior. ** COURTS do not create CL, however they did up until the 19 th century, but has long since stopped*** American CL 3 sources: Common law- (England) Statutory law- made by legislature Constitutional law- Most important is statutory b/c it is unconstitutional to punish someone unless his conduct was previously proscribed by legislature. Common law: early English custom condemned 7 offenses as felonies- ( known as common law b/c commonly shared) 1. mayhem 2. homicide 3. rape 4. larceny
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2 5. burglary 6. arson 7. robbery All other were misdemeanors Early English law except HOMICIDE was treated as privately compensable If injured actually compensated D could not be ALSO criminally sanctioned (changed b/c kings not happy with private people conducting business as such) THERE CAN BE NO CRIME unless there is a statute that prohibits the conduct. Courts can however construe the statute as broad or narrow as they want (influence but NOT create) CA and Federal courts HAVE NOT adopted the MODEL PENAL CODE CONGRESS and STATE LEGISLATURE can not pass laws that restrict : freedom of religion, speech, press. STANDARD OF PROOF required for Criminal cases- must demonstrate a good reason :: carries the BOP that some legal remedy should be provided. Usually by preponderance of evidence Some: evidence is clear and convincing (more then preponderance) Ray v. Kinship: in criminal case prosecution has BOP and standard of proof is beyond reasonable doubt (supreme court case of 1972 that exemplified it and stated it) 2 reasons for the holding: Liberty D stigmatized for immoral acts USSC- no clear definition of reasonable doubt, it is a high standard but no numerical value to it really It is high to avoid wrongful convictions Crime classification Felony Misdemeanor Mala inse Mala prohibitum CORPUS DELICTI Body of crime- there is one for every crime Every crime reveals 3 component parts 1. Occurrence of a specific kind of injury or loss- homicide= death, arson= house burned, larceny= property missing 2. Someones criminality- source of loss is someone’s criminality as opposed to “accident” 3. Accused persons identity as doer of crime
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This note was uploaded on 09/21/2009 for the course LAW All taught by Professor All during the Fall '09 term at University of the West.

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Crim law outline - CRIMINAL LAW Lynn Feldman Can jump...

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