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Ch 1

by: Hailey
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About this Document

Notes over chapter 1
Criminal Law
Class Notes




Popular in Criminal Law

Popular in Criminal Justice

This 3 page Class Notes was uploaded by Hailey on Monday February 1, 2016. The Class Notes belongs to CJC 315 at Ball State University taught by Henderson in Winter 2016. Since its upload, it has received 17 views. For similar materials see Criminal Law in Criminal Justice at Ball State University.

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Date Created: 02/01/16
Criminal Law Notes – Chapter 1 January 14, 2016  Criminal Liability – conduct that we collectively say that we want to sanction  Purpose of criminal law o To protect the community o Punish law breakers o Control behavior  The people collectively have created criminal law  The prosecutors can start the process to assess criminal liability by filing charging information o Grand jury also does by issuing an indictment but needs the prosecutor on board as well  The most powerful law enforcement agent is the prosecutor January 19, 2016  Ordinance violations – punishable by fine  Burden of production – putting some evidence into record making defendants responsible in their own justification or excuse defense  Burden of Persuasion – Taking that initial fact with others and compelling finder of fact to believe your contention  Culpability – blameworthiness, the behavior that we all collectively believe deserves a consequence  Aiding, inducing, or causing an offense – accomplice crime, a person who intentionally or knowingly aids, induces, or causes another person to commit an offense commits that offense even if the other person (1) has not been prosecuted for the offense (2) has not been convicted of the offense (3) has been acquitted of the offense o This does not mean you are “guilty by association” it means that the state has the chance to prove that you’re an accomplice  Intoxication is not a defense however Involuntary intoxication (spiked drinks, etc) could be but it is very hard to prove  Sources of criminal law o Case law pendings o Constitutional amendments – more procedurally than substantive o Local governments – create ordinances o Common Law – judge made law, judges court opinions made the law o Statutes – created by congress & state legislatures (for state statutes), laws defining crimes such as murder, arson, etc.  Most criminal prosecution gets prosecuted at the state level o 52 including district of Colombia & federal all have their own  Trial decisions have to be unanimous while appellate courts have to be majority rule.  Most states have abolished common law & codified them into the statutes  Indiana criminal code is modeled after The Model Penal Code (MPC) o Proposed criminal code drafted by the American Law Institute and used to reform criminal codes o ALI is responsible for drafting the MPC  Punishment – intentionally inflicting pain or other unpleasant consequences on another person who violate criminal law o To qualify as criminal punishment penalties have to meet 4 component parts  Inflict pain or other unpleasant consequences  Have to prescribe a punishment in the same law that defines the crime  Have to be administered intentionally  State has to administer them  Aggravating circumstance – factor that will add the severity of the sentence o Repeating offender, etc.  Mitigating circumstance – something that can cause the sentence to be lessened. Something that decreases the culpability o Mental capacity, etc.  Determinate – a specific number for the sentence. Ex: you’re going to do 30 years  Indeterminate – range of years. Ex: 15-30 years and the parole board and behavior determine how long you will be in January 21, 2016  The defendant has to prove absolutely nothing against themselves o Exception  Insanity plea  Alibi – have to prove you have an alibi – raise the burden of production & burden of persuasion  Self defense  If defendant goes the route in saying they were framed, then they must take on burden of persuasion & persuade jury that they were framed o All of those exceptions are related to the term Affirmative Defenses. Meaning defendants have to “start matters off by putting in some evidence in support” of their defenses of justification and excuse  Corpus Delicti (Body of crime): backs and circumstances that prove crime has occurred. Chapter 2 January 26, 2016  Appellant  defendant asks the court to review their case  Appellee  government o They are asking to look for errors  2 types  Either will give defendant a remedy (reversible error). Asking the court to undo a decision that has already been made. Ex: Re trial, acquittal of conviction, etc.  Harmless error. The courts find an error but the decision still stands.  Dissenting opinion - is when in an appeal case one person doesn’t agree with the 2 so they write their own opinion  Principle of legality  cant be crime without law  Ban on Ex Post Facto o The problem with this was fairness 


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