Bus18StudentNOTESforCRIMES

Bus18StudentNOTESforCRIMES - CRIMES Outline of Material 1 2...

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CRIMES Outline of Material 1. Examine differences 2. Classification of crimes 3. Basic requirements needed to establish criminal liability 4. Constitutional Limitations 5. Criminal Procedure 6. Types of crimes 7. Defenses raised to avoid criminal liability Because the state has extensive resources at its disposal when prosecuting criminal cases, there are numerous procedural safeguards to protect the rights of defendants. 1. Public Wrongs (offenses against society) brought by an agent of the government, vs. private wrongs between parties (e.g., torts) . 2. Burden of Proof standard is higher for criminal cases: Beyond a Reasonable Doubt. 3. Criminal Sanctions are harsher than civil sanctions because they are designed to PUNISH wrongdoers. (Civil sanctions are usually designed to compensate injured parties for damages incurred.) ~ Debate regarding the purpose of criminal sanctions ~ Utilitarian Viewpoint Goal : The prevention of socially undesirable behavior. The components of prevention include the following: 1. Deterrence General Special Certainty of Punishment vs. severity 2. Rehabilitation 3. Incapacitation Retributionist Viewpoint Goal: Punishment of morally culpable behavior. So, punish even if punishment won’t lead to prevention. AND, don’t criminalize morally neutral behavior. 1
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ISSUE CIVIL LAW CRIMINAL LAW A REA OF CONCERN Rights & duties between individuals Offenses against society as a whole W RONGFUL A CT Harm to a person or to a person’s property Violation of a statute that prohibits some type of activity P ARTY WHO BRINGS SUIT Person who suffered harm The state S TANDARD OF P ROOF Preponderance of the evidence Beyond a reasonable doubt R EMEDY Damages to compensate for the harm or an equitable remedy Punishment (fine and/or imprisonment) 2
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II. CLASSIFICATION OF CRIMES Depending on their degree of seriousness, crimes are classifies as felonies , misdemeanors or infractions . Felonies are serious crimes (e.g., murder, rape, arson, drug dealing, theft, or significant fraud). Most involve serious moral culpability (blameworthy, breach of duty) on the offender’s part. punishable by death or by imprisonment in a federal or state penitentiary usually for substantial period of time (over a year). Other adverse consequences : loss of voting rights ( disenfranchisement ) disqualification from the practice of certain professions, and the stigma or social condemnation that accompanies a criminal conviction. The Model Penal Code provides for four degrees of felony: D EGREE OF F ELONY M AXIMUM P ENALTY 1. Capital Offenses Death 2. First Degree felony Life Imprisonment 3. Second Degree felony Ten years imprisonment 4. Third Degree felony Five years imprisonment M ISDEMEANORS , P ETTY O FFENSES NFRACTIONS Misdemeanor is a lessor offense (e.g., disorderly conduct, battery resulting in minor physical harm to victim). Usually much
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This note was uploaded on 09/19/2011 for the course BUS 18 taught by Professor Dannysalah during the Spring '11 term at DeAnza College.

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Bus18StudentNOTESforCRIMES - CRIMES Outline of Material 1 2...

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