LEB Exam 2 Notes.docx - Exam TWO Chapters included �...

Exam TWO
Chapters included:
· Chapter 7,8,9,28,10,11,12,13,14
Criminal Law
Crime

A wrong committed against society

Criminal Law is one of society’s most important mechanisms for controlling individual behavior

Criminal Law focuses on the individual’s relationship to society. In enacting criminal status, 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
Burden of Proof

You need to have beyond a reasonable doubt for Criminal Law
One Act, Two courts

It’s important to know that one act can have legal consequences in two different courts. The

Criminal Court of Law and the Civil Court of Law.
o
This is because crimes are wrongs committed against society, so the government can
punish and pursue legal action against you and the member of society whom the crime
was committed on can file legal actions on you as well.
Classification of Crimes

These classifications vary in degree of seriousness and also vary based on state to state
o
Felony

A crime with a penalty of over 1 year in jail (rape, murder, etc.)
o
Misdemeanor

Smaller charge (disorderly conduct)
o
Petty offenses (like jaywalking)

Jurisdiction
o
Most crimes only of concern to the state (ex: Texas)

Police Power
o
Murder is typically a state charge unless, for example, it occurred on federal property, the
victim was a federal official, or it occurred as part of an interstate kidnapping.
o
Some areas of law overlap between federal and state law.
Constitutional Protections

Our system operates on the theory that it is better that a guilty man or woman go free than that an
innocent man or woman should suffer unjust punishment

4th amendment
o
Protects people and businesses against unreasonable searches and seizures. They require
that search warrants need probable cause.

Evidence obtained in violation of this rule is admissible in court

Recent trend is pushing back on this notion.
o
A cop cannot at anytime search your car for no reason

5th amendment

o
Grand Jury

Community members who determine if probable cause exists to move criminal
case forward to trial
o
Double Jeopardy

Can’t be tried for same offense twice (in criminal court)
o
Due Process

Law cannot be vague; everything must be done properly
o
Protection of self incrimination

Pleading the fifth

Miranda rights

Must be told of your rights upon arrest

6th amendment
o
Right to counsel
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Right to be informed of the nature of the accusation
o
Right to confront witnesses against him or her

8th amendment
o
No “cruel and unusual punishment”
o
No excessive bail

Unfortunate clause

Some people are sitting in prison simply because they are poor

Ex post facto laws
o
Laws that are passed to criminalize conduct after the conduct has occurred
o
You cannot criminalize people after a with the new creation of a law
o
These are NOT allowed!!!