Chapter 1: The Nature, Purpose, and Function of Criminal Law Flashcards
1
Q
The Nature of Criminal Law
A
- Criminal Law is the foundation of the criminal justice system.
- Law defines the conduct that may lead to an arrest
- states condemn a range of acts and/or specific activities in their criminal codes
- Most commentators stress that the important feature of a crime is that it is an Act that is
officially condemned by the community and carries a sense of shame and humiliation
2
Q
What is crime?
A
Crime is subject to formal condemnation by a judge and jury representing the people in a court of law
Crime is whatever the law declares to be a criminal offense and punishes with a penalty
3
Q
Criminal and Civil Law
A
- Civil law is that branch of the law that protects the individual rather than the public interest
- A legal action for civil wrong is brought by an individual rather than by a state prosecutor
- Civil and criminal actions are characterized by different legal procedures
- Civil wrong is established with a preponderance of the evidence or roughly 51 percent certainly
4
Q
Criminal Law
A
- A legal action for a criminal wrong is brought by a prosecutor
- A conviction of a crime requires the high standard of proof beyond a reasonable doubt
- The high standard of proof in criminal cases reflects the fact that a criminal conviction may result in a loss of liberty and significant damage to an individual’s reputation and standing in the community
5
Q
Understanding the Differences
A
- Civil Law: the branch of the law that protects the individual rather than the public interest
- Civil Law: cases brought by a party or an individual against another party or individual
- Burden of Proof:
- criminal cases: beyond reasonable doubt
- civil cases: by a preponderance of the evidence
- Tort: a civil wrong of harm committed against a person or a person’s property
6
Q
Purpose of Criminal Law
A
- The primary purpose or function of the criminal law is to help maintain social order and stability
- Key aspects of the criminal legal code in New York
- Prevent harm
- provide warning of criminal acts
- define criminal acts
- distinguish seriousness of criminal acts
- impose punishments
- ensure victims’ interests and the interests of the community are represented in the process
7
Q
Principles of Criminal Law
A
Substantive Criminal Law: what law is enforced
Procedural Criminal Law: how the law is enforced
Criminal Act: actus reus
Criminal Intent: mens rea
Causation: act must cause the harm required
Responsibility: act and intent must be defined in the statute
Defenses: guilt is not imposed in the act, was shown to be either justified or excused
8
Q
Categories of Crime
A
Felony: A serious crime punishable by death, or imprisonment for more than one year
Misdemeanor: a more minor offense punishable by up to one year in jail
Mala in se: A crime that is inherently evil. regardless of what the law says
Mala Prohibita: A crime that is such because society has prohibited it by stature
9
Q
Subject Matter of Crimes
A
- crimes against the state
- crimes against the person, homicide
- crimes against the person, sexual offenses and other crimes
- crimes against habitation
- crimes against property
- crimes against public order
- crimes against the administration of justice
- crimes against public morals
10
Q
Sources of Criminal Law
A
- English and American common law
- state and federal criminal codes
- municipal ordinances
- state and federal constitutions
- international treaties
- judicial decisions
11
Q
Common Law
A
- Foundation of American criminal law
- Transported from England to the AMerican colonies and was adopted by the 13 original states following the American revolution
- can be tranced to the Norman conquest of England in 1066
- established in the eleventh century by King William the conqueror in englad
- established to provide uniform law to be enforced by english judges
12
Q
State Criminal Codes
A
- Established under the belief that citizens should have the opportunity to know the legal
- as America and her legal code grew, common law was slowly abandoned
- Missouri and Arizona are examples of common law states. These states’ criminal codes, like that of Florida, contain a reception statute that provides that the states “receive” the common law as an unwritten part of their criminal law
13
Q
State Police Power
A
- State governments possess the broad power to promote public health, safety, and welfare of the residents of the state
- Police Power: the “duty…. to protect the well-being and tranquility of a community” and to “prohibit acts or things reasonably thought to bring evil or harm to its people”
- the supreme court proclaimed that police power includes the right to “lay out zones where family values, youth values, the blessings of quiet seclusion, and clean air make the area a sanctuary for people”
14
Q
Model Penal Code
A
- established in 1962 by a group of lawyers, judges, and scholars for the purpose of unifying criminal law across the states
- state legislatures in formulating the content of criminal codes have been profoundly influenced by the Model Penal Code
- roughly 37 states have adopted varying parts of the code
- no state has adopted the entire code as it is advisory
- the states that most closely follow the code are new jersey, new york, Pennsylvania, and oregon
15
Q
Federa; Statutes
A
- The federal criminal code compiles the criminal laws adopted by the U.S. congress
- Criminal laws are enacted by the federal government as allowed by the U.S. constitution
- SUpremacy clause: federal law is superior to state law within those areas that are related to the reservation of the national government (aka the preemption doctrine)
- Interstate commerce clause: allows the federal government to regulate activity relating to the interstate commerce
- Dual sovereignty: the sharing of powers between federal and state governments
