Criminal Law Ch1

LEGISLATIVE Branch

Makes the Law (every 2 years, closes to law, goes back to district)

EXECUTIVE

Enforces the laws created by the legislature ( given the laws and they are enforced, e.g. policing, D.A, etc.)

JUDICIAL

Interprets what the laws means - Starting with U.S constitution

Law

A formal means of social control. Body of rules prescribed and enforced by government for the regulation and protection of society

Rule of law

the idea that law, not the discretion of officials, should govern public affairs

Nullen Crimen, nulla poena, sine lege

Latin meaning " there is no crime, there is no punishment, without law

Substantive criminal law

prohibits certain forms of conduct by defining crimes and establishing the parameters of penalties

Procedural criminal law

regulate the enforcement of the substantive

Constitution supremacy

The doctrine that the Constitution is the supreme law of the land and that all actions and policies of government must be consistent with it

Judicial Review

The power of courts of law or review governmental acts and declare them null and void if they are found to be unconstitutional

Federalism

The constitutional distribution of government power and responsibility between the national government and the states

Separation of powers

Constitutional assignment of legislative, executive, and judicial powers to different branches of government

Actus Reus

A "wrongful act" which ,, combined with other necessary elements of crime, constitutes criminal liability
�Ex: a person who doesn't file there taxes

Mens Rea

guilty mind"; criminal intent
� Most cases, law requires that wrongful act be accompanied by criminal intent
� Refers to having formed a mental purpose to act

Strict liability offenses

Crimes that do not require proof of the defendants intent
� Ex: Selling liquor to minor

Felonies

Serious crimes for which a person may be imprisoned for more than one year
�Ex: murder, rape, robbery, burglary, assault, grand theft

Misdemeanors

Minor offenses, usually punishable by fine or imprisonment for less than one year
�Ex: Petit theft, Simple assault, Disorderly conduct, Prostitution

Civil Disobedience

Deliberate violation of a criminal law considered to be unjust or unconstitutional in order to dramatize one's objective to the law

Brown V. Board of Education

The idea that the law should not be discriminate among people based on their race is a moral principle that has now become firmly established in our legal system

Equal Protection of the laws

Constitutional principle enshrined in the 14th amendment by which law is supposed to apply equally to all persons without regard to race and other irrelevant characteristics
� To challenge any such discrimination

Difference of Federal and State law violations

The national government initiates a prosecution when a federal (national) law has been violated; A state brings charges against someone who is believed to have violated one of its laws

Victim

A person who is the object of a crime or tort

Torts

Noncriminal wrongs or injuries, other than breaches of contract, for which remedy is a civil suit for damages

Breach of Contacts

Violations of provisions of legally enforceable agreements that give the damaged party the right to recourse in the court of law
�A party to a contract violates a legal right of the injured party
�Ex: wrongful deaths, intentional or negligent infliction o

Classification of Torts

They are classified as either:
� Torts or Breaches of Contract
� Ex: A drivers who's car accidentally hits and kills another person would not be consider guilty of a crime but if it resulted in drivers negligence the driver would have committed the tort o

State V. Wrecker

� Ex: O.J Simpson was acquitted of murder after trial yet was found liable for wrongful death in a subsequent civil trial

Mala in se

evil in themselves" refers to crimes such as murder, rape, arson, robbery, etc., which are universally condemned

Mala Prohibitia

Prohibited evils" refers to crimes that are wrong primarily because the law declares them wrong
� Victimless crimes
� Gambling or possession of drugs

English common law

The body of decisional law based largely on custom as declared by English judges after the Norman Conquest of 1066

Stare Decisis

The doctrine of deciding cases based on precedent
�Remains an important component of both English and American legal systems today
�By 1600 they defined robbery, rape, suicide, manslaughter
�Used Barrister as a lawyer of trial but in U.S we refer them to

Statutes

Generally applicable laws enacted by a legislature
�Supplement the common law
�After gaining our independence in 1776, American state adopted the English common law

Blackstone's Commentaries

A massive treatise on the English common law published by Sir William Blackstone, a professor at Oxford U.
� Known as Legal Bible

Ordiances

Laws enacted by local governing bodies such as city councils and county commissions
� Such as traffic offenses, animal control, land use, building codes, licensing of business
� Usually prosecuted in courts of limited jurisdiction, such as municipal our c

Police power

The power of government to legislate to protect public health, safety, welfare, and morality
** Congress: don't follow the common law, used its broad power to regulate interstate commerce to criminalize a wide range of offenses
� Ex: carjacking, loan shar

Model Penal Core (MPC)

Published by the American Law Institute (ALI), the MPC consists of general provisions concerning criminal liability, sentences, defenses and definitions of specific crimes
� In 1962 they published MPC
� MPC is not law, designed as a model code of criminal

Rules of Procedure

Rules promulgated by courts of law under constitutional or statutory authority governing procedures for trials and other judicial proceedings
� For the Federal courts
� Usually the highest court of each state, called state supreme court is empowered to pr

Ex post facto laws

Retroactive laws that criminalize actions that were legal at the time they were preformed or increase punishment for a criminal act after it was committed
� To be criminal, an act must be illegal at the time it was committed

Bills of Attainder

Legislative acts (prohibited by constitution) imposing punishment without trail upon persons deemed guilty of treason or felonies
�Only courts of law can convict people of criminal wrongdoing

Bill of Rights

A written enumeration of basic rights, usually part of a written constitution- for example , the first ten amendments to the U.S Constitution
� Adopted in 1789 and ratified in the states by 1791
� Limits the actions of police, prosecutors, judges, and cor

1st amendment

Freedom of speech, religion, press, and assembly

2nd amendment

Right to bear arms

3rd amendment

Quartering of soldiers

4th amendment

Arrests and Search and seizures

5th amendment

Rights of persons accused of crimes; not be deprived of life, liberty and persuit of happiness

6th amendment

Right of persons on trial for crime; speedy and public trial

7th amendment

Jury trials in civil cases

8th amendment

cruel and unusual punishment

9th amendment

Certain rights shall not be denied

10th amendment

powers nor delegated to U.S by constitution nor prohibited by it to the states, are reserved to the states respectively

Brandenburg V. Ohio

oU.S supreme Court struck down a state statute prohibiting "criminal syndicalism" which is interpreted by the Ohio court to mean the mere advocacy of violence to achieve political change.
oFrom the revision of the KKK Clan leader who conducted a televised

Duncan V. Louisiana

o U.S supreme interpreted the due process clause of the 14th amendment as incorporating the right to trial by jury recognized by the 6th amendment. Making the right of trial by jury applicable to defendants in state criminal court
o Gary Duncan was convic

Trial Courts

Trial Courts: Judicial Tribunals, usually presided over by one judge, which conduct proceedings and trial in civil and criminal cases with out without a jury
� To make factual determinations, settle law and impose sanction on those guilty

Appellate Courts

Judicial tribunal that review decisions from lower tribunals
� Must interpret federal and state constitutions and statues

Lawmaking function

One of the principal functions of an appellate court; often referred to as the law development function

Error correction function

One of the principal functions of an appellate court; often referred to as the law development function

Decisional Law

Law declared by appellate courts in their written decisions and opinions

Due process of law

Procedural and substantive rights of citizens against government actions that threaten the denial of life, liberty, or property
� 5th amendment and 14th amendment
� Legacy can be traced to Magna Carta
� Forbids the government from taking a persons life, l

Fair notice

Requirement, stemming from due process, that government provide adequate notice to a person before it deprives that person of life, liberty of property

Fair Hearing

A hearing in which both parties have a reasonable opportunity to be heard- to present evidence and make arguments to an impartial decision maker

Presumption of innocence

In criminal prosecution, a person accused of a crime is presumed innocent until proven guilty beyond reasonable doubt
� Unless they plea guilty
� Must establish evidence produced in court
� Different then preponderance of evidence in civil cases. Then the

Reasonable doubt standard

Standard of proof used by judge or jury to determine criminal charges against defendant have been proven

Indictment

Formal document handed down by grand jury accusing one/ or more persons of the crime

Grand Jury

Group of citizens to conduct or determine is there is sufficient evidence to warrant the prosecution of an accused

Arraignment

An appearance before a court of law for purpose of pleasing to a criminal charge

Criminal Charge

A trial in a court to determine guilty or not guilty

Rules of Evidence

Legal rules governing the evidence of trial

Plea Bargaining

Negotiations between a defendant and prosecutor whereby the defendant agrees to plea guilty in exchanged for some concession (such as reduction in the number of charges)

Capital punishment; sentence to death for a crime

Death Penalty

Incarceration

Another term for imprisonment

Monetary fines

Sums of money that offenders are required to pay as punishment for commission of crimes

Restitution

The act of compensating someone for losses suffered
� Ex: community services

Pretrial Diversion

A program for 1st time offenders is the opportunity to avoid criminal prosecution by participating in specified treatments, counseling, community service

Treatment programs

A program in which designed to rehabilitate offenders. Mostly in alcohol or drug abuse rehab