CriminalLaw-Week1.pdf CJ 2501
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This 1 page Class Notes was uploaded by Sarah Paranich on Friday January 29, 2016. The Class Notes belongs to CJ 2501 at Temple University taught by Dr. Metzger in Winter 2016. Since its upload, it has received 29 views. For similar materials see Introduction to Criminal Law in Criminal Justice at Temple University.
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Date Created: 01/29/16
Criminal Law Week 1 Common Law - earliest types of law, created by judges based on custom and moral concepts of the people US Constitution - supreme law of the land Three Branches of Government o Legislative o Executive o Judicial Supreme Court o Evaluates constitutional issues What constitutes illegal search (4A)? What is due process of law (5A)? What is cruel & unusual punishment (8A)? Article III Section 1 US Constitution o Establishes the Supreme Court of the United States Nine Justices Appointed by the president Hold office during good behavior, typically for life Writ of Certiorari o Certiorari is discretionary review lower courts decision by the Supreme Court o Courts holding becomes the rule of law Substantive Criminal Law = punishment Substantive Civil Law = damages ($) o Criminal vs Civil Law Distinction o Criminal Law - public order (standards of conduct) violation = punishment o Civil Law - 2 parties (seeking damages) = $ Criminal Case - government burden of proof o Proof beyond a reasonable doubt - proof must be such that a reasonable person could not conclude otherwise We are all held to a reasonable person standard
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