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Crim. Justice Chpt 3

QuestionAnswer
Nature and Purpose of Law
Where are laws? Const. Enactment Statutory Laws (penal code) -Fed Statutes -State Codes -Municipal Ordinance Court Ruling (Case Law) Common Law
Rule of Law Supremacy of Law Have to have law to maintain order No man is above the law Due Process=Arbitrary State Power
Types of Laws
Crime Law Statutory -Substantive -Define and Specify punishment Case -Precedents -Stare decisis -US Supreme Court
Crime Law Contract Violation Tort
Administrative Sometimes overlapped with Crim. Law
Categories Felonies Misdemeanors Offenses Treason/ Espionage Inchout Offenses = Attempted
Gen. Features of Crime
Causation Crime must be effect of offenders act and mind
Harm No harm no Foul = Not true
Punishment Must be specified by the law
Legality No Law = No Crime
Necessary Circumstance Some acts acts only illegal under certain circumstances Aggravation and Mitigation
Elements of Crime
Personal Cannot be tried unless the crime actually exists Body of Crime -Corpus Delicti
Conviction Crime has happened Defendant is criminally responsible for it
Criminal Defense
Alibi Time and Place Truly Innocent No one can present in two places a t the same time Proof = Witnesses/Docs.
Justifications Admit to act but deny culpability
Excuses Admit but deny accountability
Procedural defenses Violation of due process
types of justifications self defense defense of others defense of home and property necessity consent resisting unlawful arrest
types of excuses duress age mistake involuntary intoxication unconsciousness provocation insanity -not guilty or mentally ill Diminished capacity Mental incompetence
Procedural Defenses Entrapment Double jeopardy -Excluding mistrial, trial error, civil court, federal court Selective prosecution Denial of a speedy trial Prosecutorial misconduct Police fraud
Created by: KyronCox