Chapter 1: History, Nature & Purpose of Criminal Law Flashcards
The Study of Criminal Law is a Study of…
- Crimes
- Moral Principles
- Common Law
Norm
Are agreed upon expectations that are common and basic within the fabric of a society.
More
These are norms relating to morality, also rules that govern serious violations of the social code of a particular community.
Folkways
Norms that govern everyday behavior = customs
Laws
A formal body of rules enacted and enforced by a government
Informal Sanctions
Used by most people on an everyday basis to right common, minor violations of our norms
Formal Sanctions
Used for serious violations of our norms in situations that people cannot handle themselves = the government and criminal law
Criminal Law Definition
The set of regulations and rules that defines and specifies offenses that are public in nature as well as crimes committed against the state (government) or society
Our Definition of a Crime
An act prohibited or an omission required by law
Natural Law
Rules of conduct that are part of human nature and are found within the natural order. These are behaviors resulting from human reason, inspiration and intuition.
Positive Law
Law that is legislated and enforced by a government.
Common Law
Common law is law that originates from customs and use as opposed to law that is legislated and written.
Common law refers to traditions, precedents and customs that assist judges when making legal decisions.
Tort
A civil wrong for which a remedy may be obtained, usually in the form of damages
Tortfeasor
A person accused of committing a civil wrong
Another name for tort law
civil law
Substantive Criminal Law
Defines crimes and specifies punishment
Procedural Criminal Law
Defines the processes that may be used by police officers, state’s attorneys, victims and courts to investigate and adjudicate criminal cases. Procedural criminal law are the rules by which the game is played.
Felony
The most serious crimes which are punishable by death or a year or more of incarceration.
Misdemeanor
A less serious crime punishable by up to one year of incarceration.
Infraction
A violation of a local ordinance or a state statute that is punishable by a fine.
Mala in Se
Acts that are regarded, by convention and tradition, as wrong in themselves.
Mala Prohibita
Acts that are considered to be wrong because there is a law against them.
Four Modern Crime Classifications
- Crimes Against Persons
- Crimes Against Property
- Public Order Offenses
- Moral Offenses
Specific Purposes of Criminal Law
To protect society, individuals and property
To maintain public order
To protect the rule of law and justice
To deter people from committing crimes
To protect the rights of citizens
To punish criminal offenders
To assist victims of crimes
Sources of Criminal Law
- Constitutions
- Statutes
- Court Decisions
- Administrative Regulations
Reasons for Designating Certain Acts as Crimes
- To safeguard the public from violence
- To protect property rights
- To preserve public order
- To sustain public health
- To safeguard our public morality
- To protect our privacy rights
Reasons for NOT Designating Certain Acts as Crimes
- Constitutional protections for the acts.
- Inability of the state to control the acts.
- Political considerations
- Little or no demand by influential groups
- Unfavorable economic conditions
Stare Decisis
The literal translation for this Latin term is “to stand by things decided” or “let the decision stand”.
Rule of Law
To follow the idea of the rule of law, no person should be above the law and those persons who are entrusted to enforce the law must also obey it.
Jurisdiction
Jurisdiction is the subject matter or geographical area that the authority of a governmental entity, in particular a court, covers.
Branches of government
Legislative —> Makes the law
Executive —> Enforces the law
Judicial —> Interprets the law
Match the violation to the proper category
Burping really loud at the dinner table —> Folkway
Going to church naked —> More
Shoplifting —> Law
Violating someones personal space —> Norm
According to the Natural Law video above: Life, Reproduction, Educating One’s Offspring, Seek God, Live in Society, Avoid Offense and Shun Ignorance refers to ?
The Basic Goods
According to the above video on Common Law, which of the following is NOT one of Blackstones Classifications of Law?
Misdemeanors
The Latin phrase “Ubi Sub Ubi means?
Always wear under wear
