Fundamentals of Criminal Law-Week 1 Notes
Fundamentals of Criminal Law-Week 1 Notes CJ 2360.002
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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.
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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
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