Pols 255- Section 1 Outline 2

Pols 255- Section 1 Outline 2 - POLS 255-002: The Politics...

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POLS 255-002: The Politics of Crime and Justice January 29 and 31, 2008: Defining “Crime” and the Rule of Law I. Defining Criminal Law A. What is the difference between substantive and procedural criminal law? 1. Substantive Crimial Law - defines criminal - outline appropriate sanctions 2. Procedural Criminal Law - outline how government processes cases B. Substantive Criminal Law 1. What are the sources of substantive criminal law? - legislative bodies - Common law (judges) - Administration/ Bureaucracy 2. Mala en se - certain actions wrong in themselves - reflects natural theory of law 3. mala prohibita - laws that are criminal because those in power decide so - lack of societal consensusness - prostitution, gambling, drugs, drinking age, speed limits, etc. 4. Changing legal definitions (i.e. rape statutes) 5. What About “Hate” Crimes? C. Procedural Criminal Law 1. The courtroom is where we see this in action: Adversary system Presumption of innocence Reasonable doubt 2. The U.S. Constitution is the foundation for procedural criminal law
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This note was uploaded on 04/10/2008 for the course POLS 255 taught by Professor Styllinger during the Spring '08 term at UConn.

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Pols 255- Section 1 Outline 2 - POLS 255-002: The Politics...

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