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criminal law
conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests
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Torts
Non Criminal Wrongs for which you can sue person who wronged you
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Crimes of Moral turpitude
Criminal behavior that needs no law to tell us criminal because its inherently wrong or evil..murder or rape
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General Part of Criminal Law
broad propositions that apply to more than one crime
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Special part of Criminal Law
defines criminal Law,according to the principals in general law
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common Law crimes
Judge Law, laws before the criminal codes were written when society still had to keep order, murder, rape, battery, assault,
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Codified
put into writing
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Analysis of Criminal Liability
what behavior deserves criminal punishment
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administrative crimes
violations of federal and state agency rules
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retribution
assumes culpability...only the pain of punishment can pay for the crimes
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punishment
intentionally inflicting pain or other unpleasant consequences,same way as the law defines the crime
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prevention
pain and punishment is a means to a greater good
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ALI
definition of criminal law...American Law Institute
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Classifying Crimes
- Felonies-over 1 year prison, death
- Misdemeanors- less than 1 year, fines
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Criminal punishment-purpose
- Retribution-assumes culpability (blameworthy)
- Prevention-general deterrence,special deterrence,incapacitation,rehabilitation
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Principle of Legality
Rule of Law
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No Retroactivity-legislative;judicial
- Statutory construction-rule of lenity
- Precedent;Stare Decisis
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Sources of Criminal Law
- Common Law Crimes-most states have abolished-principles still valid
- Criminal Code-Model Penal Code
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Parts of a Case
Title,Citation
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legal rule vs Reasoning
Holding of decision vs why case decided that way
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Appellant, Appellee
Plaintiff, Defendant
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Affirm
Appellate Court upholds the lower court ruling
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Reverse
Appellate Court overturns the conviction
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Constitutional Limits on criminal law
- Ex Post Facto Laws
- Criminalize an act after the offense was already committed
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Void for Vagueness
based on the due process clause (fair warning, non-arbitrary criminal justice administration)
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14th amendment equal protection
rational basis,strict scrutiny,heightened scrutiny
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Free Speech
Fundimental Right-preferred status-may be non-verbal
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Non protected speech
- 1.Profanity
- 2.Slander
- 3.Fighting Words
- 4.Words creating a clear and Present Danger
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Right To Privacy
Griswold v Connecticut- implied from 1st,3rd,4th 5th,9th,14th Amendments-emanations from the Penumbra
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8th Amendment
Cruel and unusual Punishment-barbaric,not proportional to the crime
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Death Penalty
- Not cruel and unusual on its face; not allowed for juveniles or mentally retarded
- Three Strikes Laws
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Elements of Criminal Liability
- Act-Actus Reus-
- Intent-Mens Reus
- Concurrance-The intent Set the act in Motion
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Crimes of Conduct Causing harm(bad result Crimes)
- Act
- Intent
- Concurrence
- Causation
- Harm
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Criminal Act Punishment
Punish only the the blameworthy, must be voluntary
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Doctrine of manifest criminality
- must be some physical action
- 1.bodily movement
- 2.voluntary
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Omission or failure to act-failure to report or intervene
Must be legal duty-created by law,contract,or special relationship
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Good Samaritan Rule
Minority View
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American Bystander Rule
Majority Rule
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Possession as an Act-legal fiction
- Actual-Contraband in your possession
- Constructive-Under your control
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Knowing Possession
Know you have it and what it is-most states require this
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Mere possession
know you have it but don't know what it is
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