Chapter One Notes Flashcards
(33 cards)
Crime
Actions that are legally punishable with a penalty
Henry hart Jr.
Crimes are faced with formal punishment questionable acts are not
Civil Law
A subdivision of Law concerning individual rather than public Interest
Civil
At least 51% of certainty required to convict someone
violates individual rights (according to blackstone)
completed with compensation
Criminal
requires proof beyond reasonable doubt
may result in loss of freedom & damaged reputation
violates public rights (according to blackstone)
completed with punishment
Tort
an injury to a person property
blurs the line between criminal and civil disputes
The purpose of Criminal Law
to maintain order stability in society
Texas Criminal Code: claims that criminal law is in place to “establish a system of prohibitions, penalties, and correctional measures”
New York Criminal Code
Ban actions that unreasonably present harm to individuals and society
To warn people of punishable actions and the severity of those punishments
To define the punishable act
To differentiate between serious and minor offenses
To set punishments that satisfy the feelings of the community
To ensure that the victim and their family are represented accordingly
Substantive Criminal law
Analyzes the definition of specific crimes and the general principles of all crimes
criminal procedure
A study of legal standards that govern the investigation of a crime
Hall & Lafave Principles of Generic Criminal Law
Criminal Act: actus reus
Criminal Intent: mens rea; intentionally & knowingly committing crime
Concurrence: The act and intent must coexist
Causation: The act must cause harm required for criminal guilt
Responsibility: The act must clearly be stated as a crime in the law (nullum crimen sine lege, nulla poena sine lege, no crime w/o law, no punishmet w/o law)
Defenses: Criminal guilt is not implicated if the act is proven to be justified
Felony
punishable by death / 1+ years of imprisonment
Misdemeanor
punishable less than one year of imprisonment
Capital Felony
punishable by death/ life in prison
Gross Misdemeanor
6 months -12 months
Violations/ Infractions
offenses sooo minor that imprisonment is prohibited
cause very light harm and are punished with fines
Mala in Se
these crimes are inherently evil even if the law didn’t agree
Mala prohibita
these crimes are not inherently evil and are considered wrong from legal standpoint
Sources of Criminal Law
- English and American Common Law
- State Criminal Codes
- Municipal Ordinances
- Federal Criminal Code
- State and Federal Constitutions
- International Treaties
- Judicial Decisions
English & American Common Law
judge made laws & acts of parliament
The foundation of American criminal law
William the Conqueror wanted to provide uniform law for England so he sent judges to settle disputes using common customs which were then written to be used as precedents
State Criminal Codes
states adopted their own written criminal codes in the 19th century
broad common law led to a need to punish people for non preexisting crimes
law making power should reside in legislative representatives rather than unelected judges
common law states
the common law is applied where the state legislature hasn’t adopted a law in a particular area
reception statute
states adopt the common law as an unwritten part of criminal codes
code jurisdiction
no act is punishable unless it is authorized by the state criminal code
