History of law/crime and classification Flashcards
What is America judicial system based off of what country
England
What is common law
Early English law
Use local custom and made it into a national code
What is mala in se
Crime society determined were immoral and evil
Mala prohibitum
Moral belief and practice embezzlement
Constitutional law/limits
All laws must conform to the constitution
People must be treated fairly/equally “due process”
Prohibits law that makes a person’s status a crime.
Ex. “Heroine addict is not a crime”
Prohibits laws that are cruel/ capricious
Forbids “laws of attainder- inflict punishment without trial
Forbids ex facto law: a crime that was legal and innocent prior to the passing criminal and punishable.
Felonies
Most serious crime
Punishable by imprisonment and sometimes death
Ex. Murder, rape, robbery, assault with deadly weapon.
What rights do you lose when you commit a felon
Firearms
Vote
Hold elective offices
Hold certain licenses
Misdemeanors
Minors/less serious crimes punishable by jail time/fines
Ex. Petty larceny,assault and battery,unlawful posse ion of marijuana
Violations/infractions
Violations of city/town ordinances punishable by a fine
Ex. Traffic violations, public intoxication
To prove a crime occurred,the prosecutor must show the following
A. The accused engaged in the guilty act.
Actus reas- an illegal act
B. That the act was intentional and purposeful
Mens rea- guilty mind
What is stare decisis and who made them
Latin for to stand by decided, by William the conquer
