Criminal Law Diamond 2008

Criminal Law Diamond 2008 - I. Introduction to Criminal Law...

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Unformatted text preview: I. Introduction to Criminal Law a. Penal Codes i. Louisiana was the first to attempt to codify the criminal law ii. Some 38 states have their statutory scheme based upon the Model Penal Code (MPC) iii. Common law and MPC are both applicable b. What is a Crime? i. Not all conduct is criminal ii. More than thoughts is necessary we require conduct to have a crime iii. Conduct is not criminal unless the government has formally stated so 1. Morally condemnable behavior is not criminal unless government has stated so iv. A crime is whatever the state says it is, but there are limits on what the state can define as criminal behavior v. Due Process Clause 1. Supreme Court can rule state criminal statutes as unconstitutional under the DPC 2. Limits the discretion of states to label behavior as criminal 3. Substantive limit on state power to define criminal conduct vi. Cruel and Unusual Punishment 8th Amendment prohibits this, placing a limit on state discretion in sentencing for defined crimes vii. p.3, Conduct which if duly show to have taken place will incur a formal and solemn pronouncement of the moral condemnation of the community. c. Crime and Morals i. Crime will result in the moral condemnation of the community ii. Most or all crimes are morally repugnant, but not all morally repugnant behavior is criminal iii. The moral reprehensibility standard does not apply to all crimes, so crime must involve something than other merely immoral behavior d. Limits on Government i. No ex post facto laws cannot pass a law that makes that which has already occurred criminal behavior ii. Limits on the types of laws that legislatures can pass iii. Limits to how laws can be applied iv. States burden to convict a criminal is proof beyond a reasonable crime of guilt of a crime 1. Highest burden of proof in our government v. Demand Curves 1. Freedom from Crime (peace in society) a. If we want a high degree of freedom from crime, we would require a very low burden of proof b. We have a high burden of proof, meaning we do not value freedom from crime as much 2. Individual liberty / Accuracy in punishment / Fairness / Freedom from governmental tyranny (_______) a. If we want a high degree of ______, we would require a high burden of proof (which we do) b. If we wanted a lower degree of _______, we would require a lower burden of proof e. Burden of Proof i. Beyond a Reasonable Doubt: There is no crime unless there is proven in a court of law (solemn pronouncement) each and every element of a crime to the satisfaction of a jury beyond a reasonable...
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This note was uploaded on 11/18/2009 for the course HIST 24655 taught by Professor Pormarcio during the Spring '09 term at LSU.

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Criminal Law Diamond 2008 - I. Introduction to Criminal Law...

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