Chapter 1 - Introduction to Criminal Law Flashcards
Can there be a victimless crime in the US system?
No
If you violate the social contract, who are you committing a crime against?
The social contract, not necessarily the victim
What is ex post facto?
Individual is only punishable for actions that are criminal prior to the time that the conduct takes place
What is test of ex post facto?
Can hold someone accountable if someone committed a crime before the law was in place
What questions are asked to determine if the law violates ex post facto
Was the law retroactive? and Who is disadvantaged/advantaged by the law?
(if both yes, then law violates ex post facto)
(if both or one is no, the law does not violate ex post facto)
What is the difference between historical perspective vs. modern application?
What are the parts of the Federal Government? What’s the exception?
-Administrative Regulations (lowest)
-Federal Legislation
-Executive Order
-US Constitution
-Federal Courts (highest)
Treaties (Exception)
Describe the US Federal courts
-US Magistrate Court (Misdemeanors)
-US District Court (Federal trial court)
-US Courts of Appeals (13)
-US Supreme Court
What happened in Bond vs. US
Determined that treaties don’t apply to individual citizens
What are the sources of criminal law in the state?
-Municipal ordinances
-Administrative regulations
-State legislation
-Executive Order (by governor)
-State Constitution
-State Courts
What is the order of Maryland’s state courts
-MD District Court
-MD Circuit Court
-MD Court of Special Appeals
-MD Court of Appeals
-US Supreme Court
What are the levels of crime?
Tort (not a crime)
-Violation (lowest)
-Misdemeanor
-Felony
-Capital Felony (Highest)
What is the structure of the criminal justice system?
- Crime
- Arrest
- Charging
- Arraignment
How does case law happen?
-Appellate issue (Questions of law)
-Appeals
-Stare decisis (Precedent)
What is the difference between appellant and appellee?
