Chapter 2 crime and criminal law Flashcards
common law
laws are created by legislation, but interpreted by the courts.
Principal of legality
in order for their to be a crime, there must be law at the time of the act prohibiting that act.
Retroactive
a violation of the principal of legality, which prohibits punishments of a crime that was not not considered a crime at the time.
Principal of intent (mens rea)
for an act to be a crime, the person had to have intent. a evil state of mind.
The principal of punishment
a statue must specify the punishment for the violation of the law.
criminal law
an act against the state or the federal government.
Defendant
the government who files charges against the defendant.
Civil law
the plaintiff brings the charges against a person, organization or government to the defendant.
plaintiff
the person or party bringing the suit to trial.
Four major theories of criminal law.
consensus theory, societal needs theory, ruling class theory and pluralist theory.
consensus theory
that criminal law is a codification of customary beliefs and that it reflects a consensus of the values held by every healthy conscience.
societal needs theory
a theory of lawmaking that holds that law reflects the needs of society.
ruling class theory
law is a reflection of the interest and ideology of the ruling class.
Pluralist theory
that law favors some groups of people. dominate interest groups.
structural contradiction theory
law is the result of structural contradictions
