Week 2 Chapter 1
Week 2 Chapter 1 CRIJ 1310
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This 3 page Class Notes was uploaded by Janette Torres on Tuesday September 8, 2015. The Class Notes belongs to CRIJ 1310 at University of Texas at El Paso taught by Abdollahy Zarandi, Abdolhossein in Fall 2015. Since its upload, it has received 95 views. For similar materials see Fundamentals of Criminal Law in Psychlogy at University of Texas at El Paso.
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Date Created: 09/08/15
Fundamentals of Criminal Law CRIJ 1310 Melinda Lauck Week 2 Day 1 and 2 Chapter 1 Sources of Criminal Law a core function of Criminal Law Done by the government for the betterment of society as a whole For 4 reasons 1 Rehabilitation make wrongdoer a contributing member of society 2 lncapacitationisolation to remove the wrongdoer from society 3 Retribution take revenge against wrongdoer 4 Deterrence prevent future wrongdoing Criminal Responsibility De ne bad act and bad actor Morals vs Criminal Law 0 social and personal ideas of right and wrong Seek to establish perfect personal character Establish higher standards of behavior than those set by criminal laws 0 seek to establish minimal levels of social conduct and behavior Conduct considered unjusti able and inexcusable Classi cations o acts considered both morally and criminally wrong Murder rape robbery theft 0 crimes but not necessarily considered morally wrong Speeding shing without license not coming to complete stop Types of Crime 0 Highest crime 0 Only crime speci ed in the US Constitution Misdemeanor 0 Crimes punished by incarceration in a local jail 0 Some crimes are known as quotwobblersquot the trial court determines whether the act constitutes a felony or a misdemeanor Felony o Incarcerated in prisons 0 Minimum time 1 year or death Substantive Laws vs Procedural Laws Substantive Laws de ne socially acceptable conduct 0 De ne crimes and punishment Procedural laws laws that govern the investigation arrest and trial the wrongdoer 0 Protect the constitutional rights of the wrongdoer Crimes vs Torts Crimes a wrong committed against the interest of all the people of the state 0 Falls under the classi cation of quotpublic lawsquot 0 Government has a direct strong interest 0 Legal standard of proof is quotbeyond reasonable doubtquot Fundamentals of Criminal Law CRIJ 1310 Melinda Lauck o The governmentstate les this case in court Tort a wrong committed against a private interest 0 Government has only an indirect interest 0 Legal standard of proof is quotpreponderance of the evidencequot 0 Party that got assaulted les this case in court The Common Law Developed from the customs of the people 0 For good or bad corresponds with society s actual feelings and demands 0 Based not upon ega codes but on local customs 0 People are expected to know what is expected of them 0 Problems Lack of quotnoticequot Hard to enforce Guidance and interpretation Case Law Precedent Stare Decisis Case Law 0 Court opinions that interpret the meaning and application of statutory laws 0 Most often deals with legislative intent meaning of the words within the statute and constitutionality Precedent 0 Court opinions that establish case law may act as precedent and guide other courts considering the same legal issue 0 Precedent may be either mandatory or persuasive Stare Decisis o The common law practice of courts foowing precedent set by other courts and not unsettling things that have already been established 0 Keeps the law settled and consistent among judges and courts of different personalities and ideologies Statutory law 0 Written aw codes enacted by the representative bodies 0 Treatment of Statutory law Legislative branch enacts the law Executive branch enforces the law Judicial branch interprets the law Factors In uencing Criminal Laws For protecting the public maintaining order and promoting public morality Model Penal Code States enact different penal codes any similarities among codes can be attributed in part to the American Law Institute39s Model Penal Code Fundamentals of Criminal Law CRIJ 1310 Melinda Lauck