Criminal Law 181 Week 1 Notes
Criminal Law 181 Week 1 Notes CRJ181-040
Kutztown University of Pennsylvania
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This 2 page Class Notes was uploaded by Alyssa Husko on Thursday January 21, 2016. The Class Notes belongs to CRJ181-040 at Kutztown University of Pennsylvania taught by Arthur Garrison in Spring 2016. Since its upload, it has received 47 views. For similar materials see Criminal Law in Criminal Justice at Kutztown University of Pennsylvania.
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Date Created: 01/21/16
Week One: Basics of Criminal Law The Criminal Justice System focuses on enforcing societal rules, but not every societal rule. o The CJS does not enforce morality or guarantee justice, they enforce just the LAW. 4 Theories of punishment- why we sanction the way we do o Incapacitation (Federal Prisons) So they can’t do it again o Incarceration (Federal Prisons) Banishment-separation from society o Retribution Revenge-oldest form o Rehabilitation To fix the offender-youngest form Deterrent Theory- Test of utility o Swift The time between doing a crime and getting punished o Sure (Certain) How sure you are that you’re going to get caught o Severe Level of pain of the sanction- It does not matter what society says about the sanction of the crime, it only matters to the offender. Elements of Crime o Two sources of law Common law- Tradition Statutory law- What is written down Two Types of Written Law o Substantive law- Definitional o Procedural law- All of the rules on operation Two Types of Modern Law o Civil Law- “When I sue you” o Criminal Law- “When I put you in prison” Two Types of Crime o Felonies- 12 months-death penalty o Misdemeanors- Up to 12 months Two Types of Criminal Acts o Mala in se- Evil in of itself The crime was self evident o Mala Prohibita- Wrong because the statute says it is Four Elements of Criminal Acts o Actus Reus- The criminal/physical act o Mens Rea- Criminal mind, the intent o Causation- The link between Actus Reus, Mens Rea, and the Harm o Harm- What you are trying to prevent Actus Reus and Mens Rea have to occur at the same time Burdon Of Proof o Beyond reasonable doubt- prosecutor proves this o No articulable doubt o You must be 100% certain they are guilty. Probable cause is established when facts and circumstances would lead to a prudent person to believe… o Search Warrant…believe that a crime occurred and evidence of that crime will be found at a specific location o Arrest Warrant…that a crime occurred and a specific names person did the crime Preliminary Arraignment o Formally informed of charges o Bail is determined o Date of Preliminary Hearing is given Preliminary Hearing o Prosecution must prove there is evidence to take you to trial The Burdon of Proof is probable cause Arraignment o Formally informed of your charge and given the date of your trial If given bail, Prosecution has 365 days to take you to trial, if you do not have bail, they have 180 days to take you to trial. Two Types of Causation o Cause and Fact- You did something and something happened o Legal Cause- You are found reasonably responsible for what you did
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