Chapter 3: Criminal Law Flashcards
Four general purposes of law are to:
- Establish standards of behavior
- Maintain order
- Resolve disputes
- Protect rights and liberties.
What do laws do?
Here are few more specific things that the law is designed to do:
Regulate a peaceful society
Regulate relationships between people
Promote moral beliefs
Regulate economic relationships
Regulate social change
Identify criminals
Authorize punishments
ESP + T
Another way to get a sense of the rule of law is to look at different countries around the world and their level of stability. Four areas to focus on in any country or society, in this regard, are their economics, sociology, politics and technology
Victim/Injured party
Complainant (criminal) or Plaintiff (civil)
Criminal/Offender
Defendant
Substantive Law
defines crimes / violations and punishments
Procedural Law
defines the rules/ procedures to use in applying substantive law
Civil law
Civil law is the set of formal rules that regulates disagreements between private parties and is most concerned with matters of personal injury and compensation to the victim.
Tort
The formal term for a civil violation or a civil wrong is tort. Tort comes from the latin term “tortum” which means “wrong”.
The primary purpose of tort
The primary purpose of tort/civil law is to compensate the plaintiff
Types of Tort/Civil Law
Libel = published false statement
Slander = false spoken statement
False Imprisonment
Assault and Battery
Negligent Injury or Death
Products Liability
Trespassing
Similarities between Civil and Criminal Law
Both are designed to control behavior
Both may require or prohibit certain actions
Both permit the government to impose penalties
Both may impose financial penalties
Both may result in social stigma
Differences between Civil Law and Criminal Law
Crimes are public offenses, civil wrongs are private offenses
Crimes are punishable by incarceration, civil wrongs are punishable by fines
Governments bring criminal actions, individuals bring civil actions
Fines from crime go to the government, fines from civil wrongs go to the damaged party
There are three categories of damages:
- Actual Damages = designed to make one whole again
- Compensatory Damages = designed to compensate for the future
- Punitive Damages = designed to punish or send a message
Sources of Criminal Law
- Constitutions
- Statutes
- Court Decisions
- Administrative Regulations
Stare Decisis
The literal translation for this Latin term is “to stand by things decided” or “let the decision stand”.
Mala in Se
Wrong in itself
Mala Prohibita
Wrong because the law says so
Limits on Criminal Law
Jurisdiction
Vagueness
Repeal/Amendment of Statute
Cruel and Unusual Punishment
Equal Protection and Due Process
Other constitutional limitations; freedom of speech, religion, press, assembly, 4th & 5th amendments
Two Levels of Criminal Justice in the United States
- State
2. Federal
Due Process
Due Process is the legal protection that is guaranteed to all citizens by the U.S. Constitution and guarantees the right to be adjudicated under established law and procedures.
The two main goals of due process are accuracy and fairness.
Three Elements of a Crime
Mens Rea
Guilty Mind
Three Elements of a Crime
Actus Reus
Guilty Act
Three Elements of a Crime
Attendant Circumstances
Causal Link
Three Categories of Crime
Felonies = punishable by a year or more of incarceration
Misdemeanors = punishable by up to one year of incarceration
Infractions = monetary fines / lowest level
Here’s what it says in the 6th:
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense”
Six Main Types of Criminal Defenses
- Consent
- Self-defense
- Entrapment
- Double Jeopardy
- Mistake, Compulsion or Necessity
- Boutique or Designer Defenses
Consent
Self-defense
Entrapment
Double Jeopardy
Mistake, compulsion or necessity
Compulsion/coercion
Necessity
Boutique or designer defenses
Four instances where insanity is argued;
- At the time the crime was committed
- At the time of trial (competency)
- During incarceration
- Just prior to execution
The Latin phrase Semper Ubi Sub Ubi means…
Always Wear Under Wear
According to the above video, the rule of law requires?
Stare Decisis
Match the U.S. Regulatory Agency with its’ main function
EPA
Protect the environment
OSHA
Protect the workplace
FDA
Protect food
FAA
Protect air travel
FTC
Protect free and fair trade
FCC
Regulates communication
According to the Due Process video, most criminal cases are brought by?
State government
What type of crime is usually associated with a consent defense?
Sexual Assault
