New User Special Price Expires in

Let's log you in.

Sign in with Facebook


Don't have a StudySoup account? Create one here!


Create a StudySoup account

Be part of our community, it's free to join!

Sign up with Facebook


Create your account
By creating an account you agree to StudySoup's terms and conditions and privacy policy

Already have a StudySoup account? Login here

Fundamentals of Criminal Law-Week 1 Notes

by: Maricela Castro

Fundamentals of Criminal Law-Week 1 Notes CJ 2360.002

Marketplace > Texas State University > Criminal Justice > CJ 2360.002 > Fundamentals of Criminal Law Week 1 Notes
Maricela Castro


Preview These Notes for FREE

Get a free preview of these Notes, just enter your email below.

Unlock Preview
Unlock Preview

Preview these materials now for free

Why put in your email? Get access to more of this material and other relevant free materials for your school

View Preview

About this Document

These notes cover week 1 worth of notes to give you an idea of how my notes would be in the future, I will upload study guides for exams within at least 4 days to 7 days in advance. Thank you!
Fundamentals of Criminal Law
Dr. J. D. Elshoff, B.A., J.D., C.Min.,
Class Notes
Criminal, Law
25 ?




Popular in Fundamentals of Criminal Law

Popular in Criminal Justice

This 4 page Class Notes was uploaded by Maricela Castro on Tuesday September 6, 2016. The Class Notes belongs to CJ 2360.002 at Texas State University taught by Dr. J. D. Elshoff, B.A., J.D., C.Min., in Fall 2016. Since its upload, it has received 129 views. For similar materials see Fundamentals of Criminal Law in Criminal Justice at Texas State University.

Similar to CJ 2360.002 at Texas State


Reviews for Fundamentals of Criminal Law-Week 1 Notes


Report this Material


What is Karma?


Karma is the currency of StudySoup.

You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!

Date Created: 09/06/16
CJ 2360.002 FUNDAMENTALS OF CRIMINAL LAW WEEK 1 8/30/2016 Ø What are the six (6) purposes of the U.S. Constitution? o FORM A MORE PERFECT UNION o ESTABLISH JUSTICE o INSURE DOMESTIC TRANQUILITY o PROVIDE FOR COMMON DEFENSE o PROMOTE GENERAL WELFARE o SECURE BLESSINGS OF LIBERTIES TO OURSELVES AND PROSTERITY Ø How many articles are there in the Constitution? o 7 Ø How many amendments are there in the Constitution? o 27 Ø How many justices are on the U.S. Supreme Court? o 9 o right now there’s 8 Ø What are the seven (7) prima facie elements of common law burglary? o Breaking, entering, dwelling house of, another during the, nighttime w/intent of committing a, felony, therein. J Ø 2 main categories of law are... o case & statutory laws Ø In America, a criminal defendant is innocent until proven guilty. True or False? o False! o Correct way: In America, a criminal defendant is presumed innocent until proven guilty. Ø The main rule of Miranda v. Arizona is that o Statements made by an in-custody suspect are inadmissible unless someone has read him/her rights. § Rule of admissibility for trial judges § There’s nothing that says cop or police officer in there § Was not a unanimous opinion. What was the breakdown? • 5-4 Ø In driving, what is the recommended safe following distance? o 1 car length/10 miles per hour Ø When driving you must turn into the near lane. Ø There are no peers in the constitution. Ø Every appellate opinion is in a book somewhere Ø Remember: o CONGRESS o SHALL o MAKE o NO o “U”NCONSTITUTIONAL o LAW o ABRIDGING THE FREEDOM OF SPEECH § —12 § A 13 C CJ 2360.002 FUNDAMENTALS OF CRIMINAL LAW WEEK 1 § —14 • B, or 13? Depends how you look at it Ø Separation of Powers o Legislative §— statutory laws o Executive— can give orders, cops and prosecutors, case laws o Judicial— write opinions Ø One of the answers on the test is… o KENTUCKY FRIED CHICKEN J 9/1/2016 Chapter 1—Sources of Criminal Law Ø English common law—cases from various English court Ø Case law- appellate opinions from U.S. courts Ø Statutory law—rules created by congress and by state and local legislatures o Statutory law and case law are equal in weight; however, many times, the courts must interpret the statutes in order to explain the specific meaning of the statute. Ø PURPOSES OF CRIMNAL LAW o To protect society o To punish wrongdoers Ø “BURGLARY” as a training tool: o At common law, burglary had seven prima facie elements: § Breaking § Entering § Dwelling house § Of another § During the nighttime § With the intention of committing a felony § Therein o If any of the elements was not proven, while the suspect may be a “crook” or a “thief” or anything else, he was not a “burglar” CJ 2360.002 FUNDAMENTALS OF CRIMINAL LAW WEEK 1 o Burglar is a person that commits burglary Ø Classification of crimes o Mala in se—acts which are not only crimes, but are also considered morally wrong, such as rape, murder & theft. o Mala prohibita—these are crimes, but are not considered morally wrong, such as insider trading, or failure to have a business license. They are wrong simply because they are prohibited by a statute. Ex. Speed limit I35 is 70, going past is a mala prohibita offense. Ø Hierarchy of crimes o Felonies (including treason) are the most serious o Misdemeanors o Infractions, such as spitting on the sidewalk (ex. CA) Ø Ramifications of a felony conviction o Can prevent entry into many jobs & professions o Denial of entry into the military o Denial of employment with a law enforcement agency o May affect one’s ability to obtain credit o May prohibit one from adopting a child o May result in impeachment of a public official o May serve to deny the person the right to vote, to hold public office, or to serve on a jury o May prevent the person from selling chickens wholesale, at least in 1 state! New York. Ø Crimes and Torts Distinguished o A crime is an offense against the public in general, in violation of a statute, and for which punishment may be imposed o A tort is a civil wrong, which is not a breach of contract, and for which there are remedies in the form of damages and/or an injunction. Torts violate a private interest and give rise to civil liability Ø Model Penal Code o Was developed in 1952 by the American Law Institute as a guide o Was designed to decrease creation of criminal laws in “piecemeal fashion” o Approx. 2/3 of the states have referred to it in drafting their laws CJ 2360.002 FUNDAMENTALS OF CRIMINAL LAW WEEK 1 Ø Evidentiary Standard of Proof o Reasonable suspicion—Stop and frisk o Probable cause—Search of arrest o Preponderance of evidence—Civil court standard and waiver of right to counsel o Clear and convincing evidence—Required to be successful in insanity claim in most states o Beyond a reasonable doubt—Finding of guilty in a criminal trial o Absolute certainty—Not required in any proceedings Ø J Thank you for reading! PLEASE CONTACT ME IF THERE’S ANY ERRORS OR MISSING POINTS I’D BE GLAD TO ADDRESS THEM


Buy Material

Are you sure you want to buy this material for

25 Karma

Buy Material

BOOM! Enjoy Your Free Notes!

We've added these Notes to your profile, click here to view them now.


You're already Subscribed!

Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'

Why people love StudySoup

Bentley McCaw University of Florida

"I was shooting for a perfect 4.0 GPA this semester. Having StudySoup as a study aid was critical to helping me achieve my goal...and I nailed it!"

Kyle Maynard Purdue

"When you're taking detailed notes and trying to help everyone else out in the class, it really helps you learn and understand the I made $280 on my first study guide!"

Bentley McCaw University of Florida

"I was shooting for a perfect 4.0 GPA this semester. Having StudySoup as a study aid was critical to helping me achieve my goal...and I nailed it!"

Parker Thompson 500 Startups

"It's a great way for students to improve their educational experience and it seemed like a product that everybody wants, so all the people participating are winning."

Become an Elite Notetaker and start selling your notes online!

Refund Policy


All subscriptions to StudySoup are paid in full at the time of subscribing. To change your credit card information or to cancel your subscription, go to "Edit Settings". All credit card information will be available there. If you should decide to cancel your subscription, it will continue to be valid until the next payment period, as all payments for the current period were made in advance. For special circumstances, please email


StudySoup has more than 1 million course-specific study resources to help students study smarter. If you’re having trouble finding what you’re looking for, our customer support team can help you find what you need! Feel free to contact them here:

Recurring Subscriptions: If you have canceled your recurring subscription on the day of renewal and have not downloaded any documents, you may request a refund by submitting an email to

Satisfaction Guarantee: If you’re not satisfied with your subscription, you can contact us for further help. Contact must be made within 3 business days of your subscription purchase and your refund request will be subject for review.

Please Note: Refunds can never be provided more than 30 days after the initial purchase date regardless of your activity on the site.