Criminal LAw

  1. What is a tort?
    Non criminal wrong in which the wronged party can sue for damages.
  2. Difference between a crime and a tort.
    • Crime: ends in a conviction
    • Tort: Ends with money settlement
  3. Misdemeanor punishment
    punishable by fine and/orconfinement in the local jail for up to 1 year.
  4. Felony Punishment
    Punishable by death or confinement in a state's prison for 1 year to life without parole.
  5. Malum in se
    Crime is inherently evil. "immoral in it's nature, and injurious in its consequences"
  6. Malum prohibitum
    Not evil but only wrong because a statute says it is.
  7. General part v. Special part of the law.
    • General consist of principles that apply to more than one crime.
    • Special defines specific crimes and arranges them into groups according to subject matter.
  8. Criteria to qualify for criminal punishment.
    • 1.have to inflict pain or other unpleasant consequences.
    • 2. Have to prescribe a punishment in the same law that defines the crime.
    • 3.Have to be Administered Intentionally
    • 4.The state has to administer them.
  9. Reasons for criminal punishment.
    Retribution: pay back for crime

    Deterrance: Prevent future crimes.
  10. Stare Decisis
    • The principle that binds courts to stand by prior decisions and to leave undisturbed settled pointsof law.
    • (Standing by precedents of the past)
  11. What is Apellent and Apellees?
    • Apellent: Party appealing the case.
    • Apellees: Parety appealed against.
  12. Possible court decisions.
    • 1. Affirmed- Upheld Court opinion
    • 2. Reversed-Overturned Decision
    • 3.Remanded-Overtuned decision and sent it back to Apellate court.
  13. 7 Principles of Western Criminal Law
    • 1) legally proscribed (legality)
    • 2) human conduct (actus reus)
    • 3) causative (causation)
    • 4) of a given harm (harm)
    • 5) which conduct coincides(concurrence)
    • 6) with a blameworthy frame of mind (mens rea)
    • 7) and is subject to punishment (punishment)
  14. What is a citation?
    Case footnote. Lets you find the full case file. Biblyography
  15. Principle of Legality.
    • 1.Fairness- must know the law was a law
    • 2.Liberty- must understand the law
    • 3.Democracy- Laws must be made by elected officials
    • 4.Equality- treat equally to an extent
  16. Expost Facto
    • 1.Criminalizes an act that was innocent when it was committed.
    • 2. Increases the punishment for a crime after the crime was committed.
    • 3.Takes away a defense that was avaliable to the defendant when the crime was committed.
  17. Void for Vagueness.
    States that a law must be clear where a reasonable person would understand it.
  18. What is Strict Scrutiny and
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Criminal LAw