CJ 3551 exam 1, CJ 3551 JOE AND ZACH

Rummel v. Estelle

Disproportionate sentencing
Man sentenced to life due to recidivist statute
Court: does not constitute as cruel & unusual punishment (judgement of Court of Appeals is Affirmed)

Hart-Devlin Debates

Debate over morality (Devlin) vs. legality (Hart)

Lawrence v. Texas

Homosexual sodomy
Texas crimes for homosexuals to engage in sodomy but NOT applied to straight couples
Court: judgement of Court of Appeals is reversed & remanded

Keeler v. Superior Court

Feticide
Is an unborn but viable fetus a "human being" in regards to murder
Court: NO, writ of prohibition was granted

Gonzales v. Raich

Commerce Clause (marijuana legalization)
Does the Commerce Clause include power to prohibit local cultivation and use of marijuana in accordance with California law?
Court: YES, Congress has authority to prohibit it despite state law saying otherwise

State vs. Miranda

Legal duty to act/perform
Does a non-biological "parent" have a legal obligation to protect the child from abuse
Court: YES, but reversed & remanded to lower court for consideration of defendant's other claims

What are the 3 "voluntary acts" discussed in class?

1. Actor does not remember
2. Actor cannot control impulses
3. Act was unintentional or consequences unforeseen

Substantive Law

Statutory rules that declare what conduct is criminal & what punishment may be imposed for violations

Procedural Law

Usually Court-based interpretations of how law will be enforced & administered
Focus on fairness & due process
Ex: search warrants & jury trials

What are the 7 subject matters for crime against something/someone & examples?

1. Crimes against the state
-treason, espionage
2. Crimes against the person
-homicide, rape, assault & battery, robbery, kidnapping
3. Crimes against habitation
-burglary, arson, trespassing
4. Crimes against property
-larceny, embezzlement, robbery, rec

What are the 5 limitations on criminal law?

1. Supremacy Clause
2. No bills of attainder
3. No ex post facto laws
4. Clarity/Void for vagueness
5. Overbreadth

precursors to american law

code of hamarabi
draconian law
justion

How is crime defined

defined as forbidden acts committed against the state

criminal laws is usually

physical damage that is processed through police and has laws against it (North Carolina vs Coffey)
Crimes are the result of legal decision made by judges, legislative body, ect

Civil law is usually

usually against another individual and is more personal (Williams vs Coffey)

executive branch

can issue executive orders, not really a lot of power regarding criminal law

judicial branch and judicial branch

Are the branches that have power when it comes to criminal law

legal guilt

how you are adjudicated

factual guilt

how you actually did it

criminal law emphases what?

adjudication through strict adversarial procedures for the accused
Punishment

punishment (focus on this)

...

state vs accused

deals with violations of criminal law
standard of proof is beyond a reasonable doubt 95%
many due process protections

Criminal law has to prove beyond a reasonable doubt these four things

1) is it a crime?
2)which crime/ prove that crime occurred
3)elemnts of crime (premeditated and ????)
4) correct? often push for plea agreement

Civil law

emphasizes the rights and responsibilities of private parties (you can do criminal + civil but you have to pay for your lawyer)
Greatly out number criminal cases
gets compensation for the exact amount
punitive damages, pain and suffering, money to make up

Private vs Private

Deals with violations of civil principles.
If you cant pay theres nothing they can really do.

The standard of proof for civil law/ private vs private

Preponderance of the evidence (51%).
Fewer due process protections.
The reasons its less is because you're only being deprived of property, not life.

American legal history comes from

english settlers, native americans/ tribal laws,

Indians abide by what law

Federal Law

Common law -

law known through the judicial decisions that were transmitted throughout the land.
Felonies and misdemeanors, but victims had to bring the offenders to justice

Most early crimes were based on

Religion
Punishment including shaming, mutiliation, branding, etc.

Laws and lIberties of Massachusetts

Highly religious/ authoritarian - strict
needed to have laws in place to prevent chaos and anarchy
Need to have cultivated respect for the law
Surrender basic instincts for the good of society
Based on old testament w/ church leaders
Laws made with repsec

Capital punishment in early Massachusetts

Worship anyone but god
witch, blasphemy, murder premeditated & w/o self-defense, kill someone in anger/cruelty (2nd degree murder)
Cursing at parents

Fornication

Marriage, Fine, Corporal Punishment

Lying

Fined 1st, Fined 2x, Fined 2x original

History of American Criminal Law

Not really black and white more monetarily based.
(Bail, court costs, court clothes, education)

Things began to change in modern time for three reasons

1) Creation of police forces, esp. in large cities
2) Rise of a secular government (Law, executive, legislative, town council).
3)Rise in economically motivated crime

Today crimes are created through legally authorized bodies

Legislature
Executive branch
Judiciary

Legislature

Creates and Enacts laws

Executive Branch

Administers and enacts laws

Judiciary

Interprets laws

3 Characteristics of modern criminal law

1) Legality
2)Actus Reus
3)Mens Rea
Society must know laws and punishments are in place

Legality (Nulla Poena Sine Lege)

No punishment without law.

Mens Rea

Intent or Guilty Mind

Actus Reus

Includes act of omission. Some action required for criminality

Causation

Act and intent must cause harm to a protected person, place, or thing.

Proportionality

Punishment must be proporational to crime
(Rummel VS Estelle

Excpetions to expost facto

Megans law imposed restrictions of those committed of a sex offense

Clarity/Void for vagueness

Laws must provide clear guidance, prevent confusion.

Over breadth

Cannot criminalize otherwise legal behavior.
i.e. certain clusters of behavior like wiping babies butt and pedophiles

Substantive Law

Stating rules that declare what conduct is criminal and what punishment may be imposed for violations.
Defined by local, state, and federal governement.
We are most affected by state actions

We are most affected by state actions. Examples of Substantive laws include:

Local - Zoning restrictions, noise ordinances, etc.
State - Homicide, burglary
Federal - treason, drug trafficking

procedural law

Usually court based interpretations of how law will be enforced and administered.
Federal Courts typically responsible for ensuring other entities abide by procedural law
Ex.: Search warrants, Jury trials
Focus on fairness and due process (Ideally)

Felonies

Punishable by more than 1 year incarceration
(NC is unique bevause you can go to prison for 90-180 days)

In NC some felonies only carry

3-12 month sentences incarceration (Could be felony with less than one year in prison)

NC felonies are classified as

Most serious - Class A1
Least Serious - Class I1

Lawrence versus Texas Banning sodomy

is unconstitutional/violate privacy.

Brummel versus Estel 1980 US Supreme Court issued a ruling on

three strikes law is constitutional and not a violation of cruel and unusual punishmen

Source of criminal law

Common law 1066 - William the Conqueror established practice of common law among judges
- 1300 decisions being to be written down
Starry deceases /Precedent where the other cases hold
1600- common-law crimes developed- murder, rape, etc.
Other crime creat

Municipal ordinances

Entry of state government
local:
Generally minor nature
Example zoning noise ordinances etc.

Federal criminal codes

Passed by Congress
not as extensive as state codes
Criminalizes many behaviors that states do not, example tax evasion's treason, however some federal and state laws overlap
Double jeopardy doesn't apply to state and federal because of duel sovereignty
Mu

Federal and state constitutions

Limited in defining laws
treason defined in article 3
Feature criminal procedure rights
However all laws and constitutions must abide by US constitution example of cruel and unusual punishment

substantive =

what is x and how it distinctly is different from y

Procedural =

rules for handling violations for law

Model penal code

Adversary code for American law institution ALI
Hopes to limit inconsistencies among state codes
Most states follow, but don't have to

Limitations on criminal law

Supremacy clause
No bills of attainder
Bills of attainder

Supremacy clause

States cannot regulate behavior already regulated by the federal government - Gonzales versus raich

No bills of attainder -

no punishment without trial

Bills of attainder -

legislator punishes a group by creating laws
we need fact finding/Oversight

No ex post facto laws

no retroactive laws

Basic concepts of criminal law

Crimes against the state -treason/espionage
Crimes against the person - homicide, rape, battery, robbery, kidnapping
Crimes against habitation - burglary, arson, trespassing
crimes against property - larceny, receiving stolen property, robbery
Crimes agai

Actus reus

Some physical act or conduct that is either voluntary or qualifying omission
Voluntary act - bodily movement performed consciously and as a result of effort and determination
In voluntary act - bodily movement not the result of effort and determination do

Qualifying omission -

failure to act in some circumstances
The mission is expressly made sufficient by law example failure to pay taxes
The Omission when there is a legal duty to preform example lifeguard must save a drowning person