LS 109 Week 2
LS 109 Week 2 Legalst 109
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This 2 page Class Notes was uploaded by Brianna Alleyne on Friday September 2, 2016. The Class Notes belongs to Legalst 109 at University of California Berkeley taught by Richard Perry in Fall 2016. Since its upload, it has received 22 views. For similar materials see Aims and Limits of the Criminal Law in Legal Studies at University of California Berkeley.
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Date Created: 09/02/16
August 30, 2016 ● Lippman Ch.1 ○ Case method developed in 80s by Harvard ○ US has 51 criminal laws ○ Model Penal Code ■ Best recommended model code after Reagan and modernist ■ After WW2 ■ Reflects the Enlightenment thinking of 60s ○ Felony ■ Crime punishable by death or by imprisonment for more than 1 year ○ Misdemeanor ■ Crimes punishable by less than a year in prison ● Lippman Ch.2 ○ Rule of legality ■ Can’t change law after the fact and then sue ○ Statutory clarity ■ Questions if the constitution or statutes are clear enough September 1, 2016 ● Can’t be charged twice but can be charged once by two different sovereigns or law ● Google cases on page 19 ● Horn vs. State ○ Law against nature so Constitutional isn’t vague, they have something else ○ Defendant claimed that a law punishing a “crime against nature” was vague and indefinite and failed to inform him that he was violating the law in raping a 10yearold boy ● Nebraska v. Metzger ○ Neighbor say Metzger naked body thru his garden apartment window ○ Metzger was charged and convicted of being indecent or immodest in the presence of any people or where someone can walk pass and see ● Void for vagueness ○ Due process requires that individuals receive notice of criminal conduct ○ Due process requires that the police, prosecutors, judges, and jurors are provided with a reasonably clear statement of prohibited behavior ● Bill of Rights ○ The first 10 amendments to the US Constitution that create rights against the federal government ● Hate speech ○ Speech that denigrates, humiliates, and attacks individuals on account of race, religion, ethnicity, nationality, gender, sexual preference, or other personal characteristics and preferences ● Stogner vs. California ○ California law authorizing the prosecution of allegations of child abuse that previously were barred by a 3year statute of limitations constituted a prohibited ex post facto law ● State vs. Stanko ○ Section, 618303(1), MXA was so unconstitutionally vague ○ Fails to give motorists of ordinary intelligence fair notice of the speed at which he or she violates the law ● In Re Ricky T ○ Ricky went to the bathroom and when came back realized door was locked ○ He knocked and then teacher opened the door and hit him in the face ○ Ricky responded I’m going to get you ○ Teacher was scared and he was suspended for 5 days Discussion DACA ● Undocumented minority students and how it relates with education ● Often these undocumented students who cross the Mexican border often are labeled criminal and don’t get rights
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