Purpose of Criminal Law
The purpose of criminal law differs from that of civil law. In criminal law, the purpose is to punish the wrongdoer; in civil law, the most common purpose is to compensate the victim.
Incapacitation/Restraint
Restraining criminals in prison or executing criminals so they cant commit crimes in the future.
Specific Deterrence
Punishing a criminal to deter that person from committing future crimes
General Deterrence
Punishing a criminal to deter others from committing crimes
Rehabilitation
Forcing a criminal to undergo some form of social education or reconditioning to prevent future crimes.
Retribution
Vindicating a wrong. The public relies on the legal system to vindicate wrongs, which lessens the desire for private revenge (Punishment)
Common Law
Judge-made law, which defines crimes and establishes the rules of criminal responsiblity according to custom and tradition. (Source Of Criminal Law)
Common Law: Judicial Activism
Judges interpret the law to achieve appropriate social goals.
Common Law: Judicial Restraint
Judges view judicial power as strictly limited by the separation of powers doctrine and precedent found in earlier case decisions.
Model Penal Code
A suggested model for enactment and interpretation of criminal law. The Model Penal Code is not the law unless adopted and enacted by a legislature.
Statutory Law
Criminal codes passed, by the legislature, that defines crimes.
Statutory Law: Legisative Intent
The purpose for which the legislators enacted a particular statute.
Administrative Regulations
Regulations, promulgated by administrative agencies, that may identify certain conduct as criminal.
Administrative Regulations: Vagueness Doctrine
Holds that any administrative regulation or statute is unconstitutional when citizens "must necessarily guess at its meaning and differ as to its application.
Constitutional Limitations
Certain provisions of the U.S. Constitution limit the legislative power to create crimes, guarantee procedural fairness to criminal defendants, or limit the government's power to prohibit and punish certain conduct
Constitutional Limitations: Bills of Attainder
Legislative acts convicting an individual of a crime
Constitutional Limitations: Ex Post Facto Laws
Laws that retroactively make inncoent conduct illegal, increase the punishment for a criminal act, or decrease the standard of proof required for a conviction
Proving the Crime: Criminal Trial 1
The prosecution must prove that a specific crime occured and that the defendant committed the crime.
Proving the Crime: Criminal Trial 2
The prosecution presents evidence, then the defendant presents evidence, and then the factfinder (jury or judge0 decides whose presentation of fact is legally persuasive
Criminal Trial 2: (a)
In a jury trial, the jury determines the facts and the judge determines the law
Criminal Trial 2: (b)
In a bench trial, the judge determines the facts and the law
Burden of Proof
A criminal defendant is presumed to be innocent
Burden of Proof: (a)
The PROSECUTION bears the burden of proving beyond a reasonable dount all facts necessary to constitute the crime
Burden of Proof: (i)
Proof Beyond a Reasonable Doubt- Proof that excludes every reasonable hypothesis except guilt; proof that excludes every reasonable possibility of innocence; or proof to a moral certainty
Burden of Proof: (b)
Corpus Delicti- the body of the crime. The fact that a crime has been committed
Burden of Proof: (c)
Directed Verdict of Acquittal- the trial judge may enter an acquital whenever a rational jury must conclude that the prosecution failed to prove guilt beyond a reasonable doubt. (TRIAL TAKEN FROM JURY BY JUDGE)
Burden of Proof: (d)
Ultimate Issue- The question of whether the defendant is guilty or not of the crime
Burden of Proof: (e)
Affirmative Defense- The defedant admits committing the acts charged, but seeks to justify or excuse his/her conduct by establishing additional facts
Burden of Proof: (f)
Preponderance of the Evidence- The standard of proof usually required to establish an affirmattive defense; asks the jury to determine whether more likely than not (more than 50%) the facts support the affirmative defense
Presumption
A fact that must be inferred (presumed) ON THE BASIS of certain PREDICATE FACTS that have been proved
Permissive Inference
A possible conclusion that MAY BE DRAWN but is not required if certain predicate facts are proved