Criminal Justice chapter 3 notes PDF

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Summary

Jennifer Smith
This chapter covers important crimes such as felony and misdemeanor as well as the type of defenses (excuse defenses and justification defenses)....

Description

Substantive Criminal Law --> Written Law that defines & punishment Procedural Criminal Law --> basic criminal practice of positive Civil Law --> a set of rules governing relations between private party Public or Administrative Law --> public relations law

Historical Development of Criminal Law   

Babylonian Code of Hammurabi Mosaic Code of the Israelites (Ten Commandments) Wergild (monetary compensation)

Common Law & The Principle of Stare Decisis 

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State Decisis I. To stand by decided cases II. Legal principle that requires judges to base decisions on previously made judicial rulings Mala in se I. Acts that society considers inherently evil Mala prohibitum I. Crimes created by legislative bodies

Crimes & Classifications Felony (most serious) Misdemeanor (less serious) Violations or infractions Men Rea And Actus Reus  

For an act to constitute a crime, the law requires that there must be a connection male between the guilty act and a person’s intent to do harm Strict Liability

Criminal Defenses  

When people defend themselves against criminal charges, they must refute one or more of the elements of the crime of which they have been accused Criminal defenses include: I. An argument that the wrong person was arrested II. An argument of excuse III. An argument of justification

Excuse Defenses: 

Ignorance or Mistake

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Insanity Intoxication Age

Justification Defenses:     

Consent Self-Defense Stand Your Guard Entrapment Duress The Evolution of Criminal Law

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Criminal law is constantly evolving I. New behaviors II. New technologies, I.e. menas to commit crime III. New issues and threats to public safety

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Result in constant evaluation of criminal statutes...