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