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Criminal Law Ch 2

Criminal Law Final

Rule of Law idea that government power should be defined and limited by laws--no person is above the law.
Principle of Legality No Crime Without Law; No Punishment Without Law; no retroactive application of criminal law
Ex Post Facto Law criminalizes an act that wasn't a crime when committed; increases the penalty for a crime after the crime was committed; takes away a defense that was available to a defendant when the crime was committed.
Due Process of Law Guarantees: fundamental fairness, justice, and liberty 5th amendment: gov't can't deny anyone life, liberty, or property w/o due process. 14th amendment: no state gov't can deny anyone life, liberty, or property w/o due process
Requirements of Due Process 1. notice 2. right to grieve (defend yourself) 3. right to appeal
Equal Protection of the Law Criminal Statutes are Not required to treat everyone exactly the same. May treat groups of people and types of conducts differently only if the different treatment is reasonable.
When a classification does not violate the Equal Protection Clause 1 rational basis- rational basis for treatment 2 heightened scrutiny- must be a fair and substantial relationship b/w the classification and a legitimate state end 3 strict scrutiny- (raced based)- nearly always violates constitution
Bill of rights can ban certain kinds of behavior as criminal. Thus, limits what can be criminalized
1st Amendment freedom of speech; does NOT include: Obscenity- appealing to nudity, sexual activity, excretion; Profanity- irreverence toward sacred things;Libel and Slander- damages reputations by print/words; fighting words-provoking retaliation; Clear/present danger
2nd Amendment right to bear arms
Right to Privacy fundamental right that requires the gov't to prove that a compelling interest justifies invading it. Found within the penumbra of the constitution and its amendments
8th Amendment protects against cruel and unusual punishments(barbaric punishments and disproportionate punishments)
Created by: 763668857
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