Chap. 2 - Intro to Criminal Law

Question 1

What does Substantive law define?

Answer 1

Rights and obligations.

Question 2

What does Procedural law establish?

Answer 2

The methods used to enforce legal rights and obligations. The field of civil procedure sets rules for how to bring the substance of the law before a court for resolution of a claim. It tells you how to file a lawsuit, where to file, when to file, and how to prosecute the claim.

Question 3

What is criminal law?

Answer 3

Is a field of law that defines what a crime is, what conduct is prohibited, and what punishment can be imposed for violating its mandates.

1. Sets out what degree of intent is required for criminal liability.
2. What defenses to criminal charges that may be asserted.

Question 4

What is criminal procedure?

Answer 4

1. It puts substantive criminal law into action.
2. Concerned with procedures used to bring criminals to justice, beginning with police investigation and continuing throughout the process of administering justice. When can police conduct a search?

Question 5

What is the common law?

Answer 5

The legal system that originated in England and is composed of case law and statutes that grow and change, influenced by ever-changing custom and tradition. Common law is judge-made law. Applying the principle of stare decisis throughout all of England was the first time in its history, that it had a set of laws that were common to all. Common law is not specific statutes; it is rather the embodiment of broad and comprehensive unwritten principles, inspired by natural reason and innate sense of justice.

Question 6

Who started used the law to reinforce the authority of the monarchy?

Answer 6

William the Conqueror in 1066.

Question 7

What is precedent?

Answer 7

The decision of the court. The principle that inferior courts will comply with that decision when the issue is raised in the future is known as “stare decisis et non qui-eta movera” (Stand by precedents and do not disturb settled points).

Question 8

What is stare decisis?

Answer 8

The doctrine that judicial decisions stand as precedents for cases arising in the future?

Question 9

How did criminal law come about in England?

Answer 9

1. First, the courts determined what acts should be criminal.
2. Then, the specifics of each crime developed.
3. (What exactly had to be proved to establish guilt).
4. What defenses were available.
5. Finally, what punishment was appropriate for conviction.

Question 10

Are judicial decisions of one state binding on another?

Answer 10

No.

Question 11

How many states no longer recognize common law crimes?

Answer 11

50%.

Question 12

Is there a federal common law?

Answer 12

No. Federal courts, in civil cases, apply the common law of the states in which they sit.

Question 13

If a state constitution, statute, or judicial decision has not abrogated the common law, should you presume that it is still in effect?

Answer 13

Yes.

Question 14

What is ‘nullum crimen sine lege?”

Answer 14

There is no crime if there is no statute.

Question 15

What is ‘nulla poena sine legs? mean?

Answer 15

There shall be no punishment if there is no statute.

Question 16

What is the legality principal?

Answer 16

All people are entitled to know prior to committing an act, that an act is criminal and that punishment could result from such behavior. This is referred to as notice. The legality principle remedies the notice problem by requiring that written law imposes a duty on all people to be aware of written law.

Question 17

What is due process?

Answer 17

The due process clauses of the 5th and 14th amendments to the U.S. Constitution require that no person be deprived of life, liberty, or property without having notice and a real chance to present his or her side in a legal dispute.

Question 18

Do legislators have unlimited power in creating criminal law?

Answer 18

No. They must abide by the constitution.

Question 19

What are ordinances?

Answer 19

They are written laws of municipalities.

Question 20

What are the two types of agencies?

Answer 20

Social welfare and regulatory.

Question 21

What are administrative laws known as?

Answer 21

Regulations or rules.

Question 22

May agencies create penal rule making? If so, by what authority?

Answer 22

Yes. Grimaud. (US vs. Grimaud 1911). However, Congress may not delegate the responsibility of establishing penalties to the agency, with the exception of small fines.

Question 23

May agencies order deprivations of freedom?

Answer 23

Yes, in rare circumstances: quarantines, psychiatric evaluations, detain illegal immigrants. Also, fines levied by homeowner and condominium associations are enforceable in courts.

Question 24

What are the rules of the court and why are they important?

Answer 24

Rules promulgated by the court, governing procedure and practice before it (service of process, limits on the length of briefs and memoranda, and timing of filing). If you are not familiar with the rules, you may miss important deadlines, file incomplete documents, or have your filings stricken.

Question 25

What is the Model Penal Code?

Answer 25

A proposed criminal code prepared jointly by the Commission on Uniform State Laws and the American Law Institute. Actual name: Model Penal Code and Commentaries. It is not law until adopted by a legislature.

Question 26

What are the 7 sources of Criminal Law?

Answer 26

1. Constitutions
2. Statutes (Congress)
3. Common Law
4. Regulations (Agencies)
5. Ordinances (Cities)
6. Model Penal Code
7. Court Rules