Week 2 Lecture notes -Laws
Week 2 Lecture notes -Laws CRJU 101 003
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This 3 page Class Notes was uploaded by Makenzie Stahura on Thursday September 24, 2015. The Class Notes belongs to CRJU 101 003 at University of South Carolina taught by Therese Lee Clement in Fall 2015. Since its upload, it has received 42 views. For similar materials see The American Criminal Justice System in Criminology and Criminal Justice at University of South Carolina.
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Date Created: 09/24/15
Criminal Justice 101 notes Week 2 September 22 2015 LAWS federal state county city REQUIREMENTS FOR LAWS 1 principle of legality laws must be made public before they can be enforced if laws are made public you are assumed to know about them 2 Cannot violate the cruel and unusual punishment 8th amendment must protect due process of law laws cannot be too vague criminal process must be fair 3 no ex post facto laws not after the fact crime needs to be on the books at the time of the actoffense punishments need to be on the books at time of actoffense kind of evidence required for conviction mist be on the books at time of offense Rule of Law laws based on principles and rules and it applies to everyone Elements of Crime Actus Raus guilty act a commission commits the act b omission omit to doing an act c legally required to do something and you do not omission act d possession act e words act Mens Rea guilty mind intent to commit crime have to show you did a bad act and meant it jury believes intent proven guilty Concurrence act amp intent happen at the same time Times where intent is not proven gt strict liability crime ex speeding no intent Some crimes require a result Causation you created the result ex shooting someone is not murder shooting someone and they die is murder Incomplete Crimes Solicitation asking someone else to commit a crime Conspiracy two or more people agree to do an unlawful act two or more people agree to do a lawful act in an unlawful way Attempt try to commit a crime but don39t finish it Defense Crimes Once you committed an act that should be a crime if you have a defense you may or may not be found guilty necessity forced to commit a crime which you would not otherwise based on circumstances Duress forced by another person to do a crime do wouldn t do otherwise If there is no intent to commit a crime you have a defense mistake of law no defense mistake of fact defense is a possibility legal impossibility crime that is not prohibited by the law ex drinking underaged at 18 in a state where it is legal to drink at 18 impossible to commit a crime that does not exist CRIMES against persons 1 assault unlawful threat to do bodily harm 2 battery unlawful touching of a person 3 kidnapping stealing a person holding them against their will 4 robbery take from a person or their immediate presence by force or threat of a force gun armed robbery no gun strong armed robbery 5 rapestatutory rape sexual assault no consent sex with a minor act must be physical 6 homicide killing of one person by another person a murder killing with malice of forethought intended to kill had a plan thought ahead b manslaughter killing a person in the heat of passion provoked by emotions c felony DUI killing of a person by driving under the influence against habitation 1 burglary entering a structure without permission with intent to commit a crime 2 arson lighting property on fire against property 1 larceny stealing without entering a structure 2 malicious injury to property MIP aka vandalism Due Process searches may be legal or illegal 4th amendment right to be free cop needs a search warrant to search you or your property illegal search may lead them to find evidence which then can be suppressed at trial because they did not have a warrant Fruit of the Poisonous Tree illegal searches that produce information that later leads to evidence and they come and try to charge you with it evidence is suppressed in trial Exceptions Exclusionary Rule search of a person without a warrant needs reasonable suspicion ex Terry v Ohio limited search for police safety pat downs interrogations amp confessions 5th amendment right to remain silent confessions not all true or reliable interrogations cannot use physical punishment prevention from having food water bathroom privileges etc anything said should be suppressed at trial Miranda Rights law enforcement reads to you protect you while you re in custody deceit while they question you is legal and allowable internal affairs section handles situations internally with the police department on behavior prosecutors when law enforcement makes a case but defendants rights were violated prosecutors are not suppose to continue that case court should know and understand of violation of rights Policing Code of Hamerabi oldest set of laws older than the bible American policing came from England ideas During Middle Ages families would look out for each police each other ShireAreeve get the word sheriff from this word this was the person appointed to make sure kings landlords laws were upheld over time England hired Sir Robert Peele for London Metropolitan Police bobbies William the Conqueror developed the idea of the defendant going against the state ex defendant V state of South Carolina instead of defendant V victim US police developed by regions North East laworder in colonies on church made law focus on what the church said West take law into own hands no full time police vigilantism possee comitatus deputize other citizens for the purposes of one case
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