4 Procedural Law do process laws laws the legal system has to follow laws laws

4 procedural law do process laws laws the legal

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4. Procedural Law (do process laws)- laws the legal system has to follow (laws laws) it outlines how laws are carried out what is the procedure. What questions you can ask to jury, who talks first. Rules legal systems has to follow. What can you can witness. 5. Constitutional Law- Most important type of law- govern all types of the laws above. The law of the land highest body of law in the united states. Law that intimate from the constitution (direct or interpreted from the constitution) if a law violates constitution law it wins. If it judicial or constitution it the constitution that wins. Supremacy clause-it is addressing the fact when a state law and a federal law are contradicting one another. FEDERAL LAW WINS!! Elements of a Crime Common Elements- a crime has to be a crime that is especially prohibited by law. It has a punishment and is prohibited to do. A crime has to be a crime when the act is committed (the law was made after the crime occurred then it wasn’t a crime) it has to be legal or illegal when the crime occurs. Crime to occur it has to have two things o 1. Actus Reus- the criminal act itself. (commit a criminal act) thinking you want to kill someone isn’t a crime. An attempt to commit a crime is actus reus. Don’t have to complete the act but have to start the act o 2. Mens Rea- criminal intent (what did I mean to do) was the action committed with a guilty mind. Types of intent: A. General Intent- I intent to commit a crime (plan) my intent is for something to occur. That act and intent line up with each other. Motivation and intent line up. I want to do, I do it. I want steal B. Specific Intent- not the purpose. It a means to an end. I intend to commit a purpose. The act of breaking into the class. mechanism leads to stealing the laptop. You have to commit one crime to commit another. Specific intent is to do one thing and it the next thing doesn’t happen. Try and stealing a laptop breaking into a room and realizing it a notebook. Intermedia crime for a means to an end. Means to end not the end it self. The steps itself to go through the crime but not the end. C. Transferred Intent- intended to commit crime against one person or one situation. For whatever reason I don’t hurt that person, but I hurt someone else. I had no reason to hurt them bad luck I kill the wrong person. Wanting to hurt someone and hurting someone completely different. I was breaking into your house. I didn’t want to harm you but you came home and I had to push you out the way.
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D. Constructive Intent- we are finding a person criminal negligent for an un intential act. They don’t want to kill or hurt someone, my course of action affects me to hurt someone. Done so in a reckless manner. Constructive intent is carless disregarded for human life.
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