Chapter 1: The Nature Purpose and Function of Criminal Law PDF

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Summary

This course was taught by Erin Heil over the summer term 2018....

Description

The Nature Purpose and Function of Criminal Law: Crime: is whatever the law declares to be a criminal offense and punishes with a penalty Defendant: Civil Law: is that branch of the law that protects the individual rather than the public interest Civil & criminal law have different legal procedures

Tort: a civil wrong of harm committed against a person or a person's property Substantive Criminal Law: what law is enforced Procedural Criminal Law: how the law in enforced Felony: a serious crime punishable by death, or impisonment for more than 1 year Misdemeanor: a more minor offense punishable by up to one year in jail Capital Felony: crimes subject either to the death penalty or to life in prison in states that do not have the death penalty Gross Misdemeanor: some states refer to crimes subject to 6-12 mos in prison Petty Misdemeanors: other misdemeanors Violations/Infractions: modest social harm & carry fines imprisonment is prohibited Mala In Se: a crime that is inherently evil, regardless of what the law says Mala Prohibita: a crime that is such bc society has prohibited it by statute 

Crimes against the state

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Crimes against the person, homicide

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Crimes against the person, sexual offenses and other crimes

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Crimes against habitation

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Crimes against property

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Crimes against public order

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Crimes against the administration of justice

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Crimes against public morals

Sources of criminal law:

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English and American Common Law

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State and Federal Criminal Codes

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Municipal Ordinances

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State and Federal Constitutions

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International Treaties

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Judicial Decisions

Common Law:  

Foundation of American criminal law Transported from England to the American colonies and was adopted by the 13 original states following the American Revolution

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Can be traced to the Norman conquest of England in 1066

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Established in the eleventh century by King William the Conqueror in England

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Established to provide uniform law to be enforced by English judges State Criminal Codes: Common Law States: common law may be applied where state legislature had not adopted a law in a particular area Reception Statute: states "recieves" the common law as an unwritten part of their criminal law. Code Jurisdiction:

Model Penal Code: Est. 1962 for unifying law across US, no state follows it entirely Federal Criminal Code: compiles the criminal laws adopted by the US congress

Supremacy Clause: federal law is superior to state law within those areas that are related to the preservation of the national govt (Preemption Doctrine) 

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Interstate Commerce Clause: allows the federal government to regulate activity relating to interstate commerce Dual Sovereignty: the sharing of powers between federal and state governments...