Criminal Law Week Two Notes
Criminal Law Week Two Notes CJ 2501
Popular in Introduction to Criminal Law
Popular in Criminal Justice
This 2 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 30 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 2 Reasonable person standard hypothetical person in the eyes of the law. Represents body of care and judgement and decision making that is expected of us as members of society or a particular profession. What is reasonable may vary depending on the facts? o Hypothetical -- self defense case of murder -- old lady coming at defendant with a plastic butter knife Classification of Crimes (Felony v. Misdemeanor) o Seriousness of the crime, how we punish Felony - most serious grade, includes possibility of prison sentence Misdemeanor - less serious crime, usually do not involve prison (or short sentence in county facility) Law "behind" the Law (Criminal & Moral Law) o Criminal laws are strongest - reflect moral beliefs o Distinction mala in se vs mala prohibita Mala in se - inherently wrong (murder, rape, larceny) Mala prohibita - grey area - marijuana, mercy killing, computer crime Case study (WOP) FBI collects data: picture of crime in the US **BARRT-HAM o Homicide o Rape o Robbery o Aggravated Assault o Burglary o Theft/Larceny o Motor Vehicle Theft o Arson No state shall deprive "any person of life, liberty or property without due process of law nor shall any person be denied the equal protection of the laws" -- 14th amendment Due Process - the guarentee that criminal arrest and trials must meet certain standards of fairness (procedural) Equal Protection - avoid classification groups (the SC interpreted what a protected class is) o Groupings based: Race National origin - country Sex Religion Disability Void for Vagueness Doctrine - Statutory Language o A doctrine that will invalidate a criminal law written in such a manner as to make it unreasonably difficult to know whether conduct is criminal or not Bill of Attainder o Article 1, Section 9 - Legislative act inflicts punishment without a trial are prohibited Ex Post Facto Law - Prohibited by US Constitution (Article 1) o Prohibited criminalizing after the fact Ex.. Congress create new crime in November, can retroactively punish behavior from September How to brief a case o Facts Summarize only the essential facts that you need to understand the case o Issue(s) What are the question(s) facing the court? o Rational (reasoning) This is the most important section of your case brief. Here you list the reasoning of the majority in reaching its decision o Holding How did the court rule o Note -- concurring (agree) and dissenting opinions (oppose the majority)
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