C7+Lecture+05-06-10

C7+Lecture+05-06-10 - What is Criminal Law Substantive...

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What is Criminal Law? Substantive: Defines crime Establishes punishment Procedural: Regulates the process by which people accused of committing crimes are investigated, apprehended, charged, prosecuted, convicted and sentenced to punishment 1 1
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Dilemma of Crime Control Social control:  To control social harm through criminal sanctions, government must have power to investigate, convict and punish Vs. Due Process:  Citizen must be accorded rights to protect  herself against government. 2 2
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Framers of the Constitution Sought to prevent government abuse by: Limiting power of the government Protecting individual rights Bill of Rights added to the constitution Limited only federal power, not state power, until 3 3
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Substantive considerations Two aspects: Defines what is a crime; Establishes level of punishment. Both definitions of and punishments for crime have changed over course of American history—a reflection of the values, norms, concerns of society. 4
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Puritans: homogeneous society; Sins against God—adultery, debauchery, against religion constituted crime; Punishment often public and visible, including public hanging; but, more typically monetary fines, physical pain. Key legacies : Grand Jury, oral examination of witness at trial. 5 Colonial Period: “Crime & Punishment”
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19 th Century: “Crime & Punishment” Criminal law: province of the states; Key development: states wrote codes of criminal law: Overtook common law, judge-made law, as seen as too irrational, idiosyncratic. Recall: Weber and theory of rationalization of law. 6
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19 th century (condt.) Punishment: Death penalty moves from public to private settings; Invention of the electric chair, followed by gas chamber. Major innovations: Modern policing; Modern penitentiary. 7
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20 th Century: “Crime & Punishment” Focus on drugs, fighting vice, e.g., alcohol, gambling, sex; Often in response to immigrants— and, new customs; Crime enters national politics: Prohibition; Nixon’s war on crime.
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