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Criminal Law Ch 1

Criminal Law Final

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
Created by: 763668857
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