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Criminal Law Ch 1
Criminal Law Final
| Term | Definition |
|---|---|
| Rule of Law | The idea that the government power should be DEFINED and LIMITED by laws |
| Criminal Law | decides who is criminally liable for what specific crime and what the response to that crime should be. |
| Magna Carta | 1215; King John; set up jury- he agreed not to proceed with force against any free man, "except by the lawful judgement of his equals or by the law of the land". |
| Common Law | judge-made laws stemming from unwritten rules based on community customs and traditions (murder, burglary, robbery, arson rape) |
| Model Penal Code (MPC) | criminal codes- "no conduct constitutes an offense unless it is a crime or a violation under this Code or another statute of this State". |
| Criminal Liability | conduct that UNJUSTIFIABLY and INEXCUSABLY inflicts or threatens substantial harm to an individual or public interest. |
| Mala In Se | inherently evil; offenses that require some level of criminal intent. (murder, rape, robbery, stealing) |
| Mala prohibita | a crime that is only a crime because a specific statute or ordinance prohibits them. (illegal parking, public drinking) |
| Presumption of Innocence | defendants are not required to prove their innocence. The law presumes every person charged with the commission of an offense to be innocent.. |
| Burden of Proof | Rests on the Prosecution or the State- they must prove beyond a reasonable doubt that the defendant is guilty. |
| Reasonable Doubt | doubt which is based upon reason and common sense |