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ALI
American Law Institute
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Torts
Non Criminal Wrongs
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Every Crime Can also be a Tort
True
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What the prosecution must prove of a specific crime
Elements
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Crimes are typically grouped in these 4 catagories
against a : Person, Property, Public order or morality, State
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Common Law was also known as
Judge made Law, States adopted reception status
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First State with Criminal Code
New York 1881
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Modern Penal Code
ALI wrote it in 1962, more than 40 states changes their laws to conform
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3 administrative agencies
FCC, EPA, OSHA
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Every Criminal Law must provide a
defined punishment
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Purpose of punishment
Retribution-eye for an eye, Prevention
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2 benifits of punishment
society retalition for offense, offender pays debt to society
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4 kinds of prevention
- 1.general deterence-threat of punishment
- 2.specific deterence-inflict pain/punishment or threaten offender
- 3.incapacition-take away ability of offender to commit crime
- 4.rehablitaion-change individiual so they want to obey the law
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reasonable doubt
not guilty -acquittal
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appellant
party appealing-dependent
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appellee
party defending-state
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Majority Opinion
4 out of 7 supreme court justices
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Dissenting Opinion
Disagrees with results
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Concurring Opinion
Agrees with results but disagrees with reasoning in majority opinion
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Reverse
Conviction Overturned
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Reverse and Remand
Conviction Overturned and sent back to lower court to fix mistake
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Ex Post Facto
Cant Change after the Fact
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1st amendment
Right to Free Speech
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5 categories not protected as free speech
- 1.obscenity
- 2.profanity
- 3.libel/slander
- 4.fighting words
- 5.words which represent a clear danger of causing an evil, government has right to prevent
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Is right to privacy in constitution
No, amendments 1,3,4,9,5,14 are meant to give us the illustration that we have this right-prenobra
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8th amendment
No Cruel or unusual punishment- originally meant for barbaric torture
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Is death penalty cruel or unusual
is sanctioned by the 14th amendment
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Actus Reus
The Criminal Act
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3 elements of criminal act
- 1. Actus Reus- The criminal act
- 2.Mens Reus- The Criminal Intent
- 3.Concurrence- The intent set the criminal act in motion
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Burglary
Breaking entering into place with the intent to commit a felony
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5 elements of a murder
- 1.Act-Shot
- 2.Intent-To kill
- 3.Concurrence-intent for the triggerd act
- 4.Causation-bullet
- 5.The Harm-death
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Can failing to act be a crime
- Only if unreasonably fails to perform legal duty:
- 1.criminal omission
- 2.failure to intervene
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3 ways legal duty to act
- 1.By statute-filing taxes
- 2.By Contract-Police Officer
- 3.Special Relationship-Parent,Teacher
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