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Week three of notes plus reading questions from the text

by: Dae 'Janae Anderson

Week three of notes plus reading questions from the text Criminal Justice 320

Marketplace > Washington State University > Criminal Justice > Criminal Justice 320 > Week three of notes plus reading questions from the text
Dae 'Janae Anderson
GPA 3.5
Criminal Law
Michael Klein

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About this Document

This bundle includes chapters 1-2 in class notes as well as reading questions from the text on chapters 1-2!
Criminal Law
Michael Klein
75 ?




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Popular in Criminal Justice

This 5 page Bundle was uploaded by Dae 'Janae Anderson on Friday January 30, 2015. The Bundle belongs to Criminal Justice 320 at Washington State University taught by Michael Klein in Spring2015. Since its upload, it has received 50 views. For similar materials see Criminal Law in Criminal Justice at Washington State University.


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Date Created: 01/30/15
CRMJ 320 16 January 2015 Chapter 1 Criminal Law and Behavior 0 What is crime 0 Civil law vs criminal law 0 Categories of criminal acts Sources of Criminal Law 0 Where does criminal law come from 0 Practical origin Crime and Criminal Law 0 Crime 0 Definition any act that either results or can result in a formal punishment 0 Practical definition 0 Two Actors 0 The state chooses which acts are criminally sanctioned 0 The defendant the offender who perpetrates the act 0 Practicality vs Theory 0 A crime may re ect power imbalances in society 0 This definition may be unimportant to either an authority or officer Civil Law vs Criminal Law 0 Civil law 50 evidence 0 Protects the rights of an individual 0 Seeks to redress a grievance O The individual brings the suit 0 Tort O A civil action instituted by an individual against another entity 0 Preponderance of the Evidence 0 The standard of evidence necessary for establishing liability in a tort action 0 The majority of evidence shows liability negligence etc 0 Criminal Law about 99 evidence 0 Protects the interests of society 0 The state brings actions against the offender O The society is the victim O Punishment seeks to redress the harm of society 0 Beyond a reasonable doubt 0 The standards of evidence necessary to establish guilt in a criminal trial 0 Rigorous 0 The highest standard in our court system 0 The distinction is not always clear 0 The same action can be both a civil and criminal case 0 EX A drunk driver hits a car The driver can be charged With DUI and sued for damages 0 Tort Law 0 The courts consistently award damages for a certain action 0 Individuals and attorneys start to conceptualize this action as a cost 0 Is this action not punished like crime 0 A continual pattern of civil procedure may establish an informal criminal laW The Purpose of Criminal Law 0 Harm the prohibit behavior that harms individuals and society 0 Deterrence to deter harmful behavior through punishment 0 Seriousness to provide different degrees of harmful behavior 0 Punishment to define the punishment of particular crimes 0 Victims to ensure that the victims and community are represented at trial Substantive Criminal Law 0 The substance of criminal law 0 The definitions of particular crimes 0 The components of criminal acts 0 Not criminal procedure 0 Procedural law determines how courts apply the law 0 Constitutional mandates 0 Court practice 0 Jury selection trial procedures etc Components of Criminal Law 0 The Act 0 A prohibited action 0 A failure to act 0 Intent 0 Mens rea 0 Concurrence O The act and intent must coexist 0 Causation O the act must cause the harm 0 act and the intent have to coincide 0 normally they do 0 Responsibility 0 The act must be defined as criminal O The offender must have an opportunity to avoid the act 0 Defense 0 Excuses for criminal conduct 0 No punishment or lessened punishment Felonies and Misdemeanors 0 Felony O A crime punishable by more than one year incarceration 0 Capital felony a crime punishable by death 0 Misdemeanor O A crime punishable by one year or less of imprisonment O A fine 0 Infractions O A violation 0 Minor social harm that usually results in a fine Mala in Se and Mala Prohibita 0 Moral Turpitude 0 How eVil is the crime 0 Mala in Se 0 Inherently evil 0 EVil in itself 0 EX Murder 0 Mala Prohibita O A crime because society labels the act as criminal O No inherently eVil 0 Defined as eVil Subjects of Criminal Law 0 Crimes against the state 0 Treason 0 Terrorism 0 Espionage 0 Crimes against the person 0 Homicide 0 Assault 0 Rape 0 Crimes against Habitation O Burglary O Trespassing 0 Crime against property 0 Larceny 0 Fraud 0 Crimes against Public Order 0 Disorderly conduct 0 Riot 0 Crimes against public morals O Prostitution 0 Drug offense Sources of Criminal Law 0 Common laW 0 State and federal criminal codes 0 Municipal ordinances 0 State and federal constitutions 0 International treaties 0 Judicial decisions Common Law 0 English Common Law 0 Founded the American practice 0 The laW that was common to England 0 Discovered by judges O Judges established crimes based off of customs O No written statutes 0 Still in uences are American practice 0 Judicial decisions 0 Clarify law 0 Use reference to common laW Criminal Law 0 State Statutes O Statutes define criminal offenses 0 Every state has different schemes 0 Federal Statutes 0 Define federal crimes 0 Model Penal Code 0 Advisory code institution by American Law institute 0 Designed to advise states 0 Designed to create a uniform criminal code for the nation Constitutions 0 The US Constitution 0 The supreme authority on procedure and civil rights 0 Supremacy Clause I The state constitutions are subject to the US constitution 0 Police Power I The constitution gives the individual states the power to police themselves 0 State Constitutions O Elucidate the civil rights of each state 0 State constitutions can be more restrictive on police procedure that the US Constitution but not less restrictive 0 The commerce Clause 0 The US constitution allows the Federal government to regulate interstate commerce 0 The federal government can use this clause to institute criminal statutes and a federal police power 0 Constitutional Limitations 0 The Bill of Rights 0 Any infringement of civil rights must have a compelling state interest Conclusion 0 Criminal Law 0 Defines behavior that the state believes deserves punishment 0 Moral turpitude 0 Types of law 0 Felony O Misdemeanor 0 Sources of Law 0 Practitioners must know the specific statutes of their jurisdiction


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