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26 Cards in this Set

  • Front
  • Back
Constitutional Law
As expressed in the US Constitution;
it is the supreme law of the land.

State constitutions are supreme
within state borders to the extent
they do not violate the
US Constitution or Federal law.
Statutory Law
Rules, orders and decisions of
federal, state or local legislature
and governing bodies.

These laws can not violate the US Constitution.
Administrative Law
Rules, orders and decisions of federal or state government.

Federal administration agencies enable legislation
enacted by US Constitution.

Agency functions are; rule making, investigation,
enforcement and adjudication.
Case Law: Law & Doctrines
Judge made laws, including interpretations
of the Constitution; provisions enacted by legislatures.
Purpose of Criminal Law
Protect & Punish - Legal functions of law.
(maintain social order by protecting citizens from criminal harm)

Maintain & Teach the society function of the law
(public morality, teaching social boundaries)
Classification of Crimes
Civil Law and Criminal Law

Guilt and Responsibility

Burden of Proof
Felonies and Misdemeanors
Felony: Degree of Crime

Misdemeanors: Types of Manslaughter

Degree of Misdemeanor

Infractions
Felony
Serious Crime
Types of Misdeameanors
Gross Misdemeanor - 30 days-1yr
Petty Misdemeanor -up to 30 days
Infraction - receive ticket or fine
Degrees of Felonies
(Levels of Seriousness)
1st Degree: Max Penalty

2nd Degree: 10 years murder

3rd Degree: 5 years manslaughter
Manslaughter
Unintentional Homicide

1. Voluntary - accident/stupid
2. Involuntary - had no idea
Mala In Se
bad in itself
Mala Prohibita
bad because it is prohibited
Strict Liability
Offense holds the defendant guilty, even if
intent to commit the offense is lacking.
Accomplice Liability
Suspects can be charged with crimes they
did not actually commit; just for being there.
Concurrence
There must be concurrence (happening at the same time)
between the guilty act and the guilty intent
Causation
Criminal Act must have caused
the harm suffered.
Attendant Circumference

*Circum=Circle (around)
Facts surrounding an event that must be provided
for the event (which must be proved), for the event
to be considered a criminal act.
Harm
Damages resultant from the criminal act.
Hate Crime Laws
Greater sanctions against those who commit
crimes that are motivated by bias of race,
sexual orientation, disability or age
Excuse Law
Applies when the actor lacks the required
mental condition to form intent.
Justification Defense
Applies when the defendant admits to the
criminal act but argues that it was justified.
Infancy
Youthful offender cannot understand the
consequences of their actions.
Insanity
Person does not have 'state of mind' to commit the crime
they have committed; they don't know its wrong.
Inchoate offenses
Without actual harm done.
Misdemeanor
Less Serious Crime