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42 Cards in this Set
- Front
- Back
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Punishment
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A penalty imposed for comiting an offense against legal rules
-law added to Jerome Hall's principle |
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Jerome Hall's five principles
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1) mens rea- guilty mind
2) act (effort)-you have to commit the act 3) the concurrence- (fusion) of mens rea and act 4) harm- damage done 5) causation- what causes the damage |
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nullum crimin sin lege, nalla poena sin lege
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no crime without law, no punishment without law
-law added to Jerome Hall's principle *law needs to give people notice of what is considered a crime |
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Model Penal Code
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-guideline for drafting legislatures
-but has no legal status. -was developed by lawyers and judges in the 20th century to add formality |
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Who is more likely to charge you with a felony?
Wyoming or Colorado |
Colorado
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What distinguishes criminal from civil law?
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Punishment
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What is the purpose of bonds?
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to protect society and ensure that the individual comes to court (bail)
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What happened in the 1990's that applied to sex offenders?
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-registration laws for sex offenders
-cannot live in certain areas or be around a school area -US Supreme Court does not consider it punishment because it serves society |
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What are the two points of criminal law?
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substantive law
procedure law |
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Expo factors of law
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cannot create laws to punish previous crimes
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What are the 5 area of the UTILITARIAN PHILOSOPHY for punishment?
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a) specific deterrence: and individual is deterred because of their previous actions
b) general deterrence: are gangs, groups of people deterred from crimes c) norm reinforcement: what society believes is right or wrong d) reform: cna the indicidual change their criminal life and be beneficial in society e) vengence: death penalty. was killing someone justified? the goal is to avenge the victim's family. how much punishment is necessary? |
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Case Law Methodology
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-you learn about law by reading cases and using critical thinking
*know names *citation *what is the issue? and the rule? |
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Double Jeopardy Clause
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cannot go to jail/court twice for the same crime
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Misdemeanor vs Felony
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m- lower level of offense. 6 months or less. less than $500
f- higher level of offense. 6 months or more. more than $500 |
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Laramie's court
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Municipal court
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City Court
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traffic violations (limited jurisdiction)
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County/Circuit Court
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misdemeanors
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Superior/District Court
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jurisdication over felonies and civil courts
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Appelite Court
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losing party feels they were wronged by procedure. you can appeal your case
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writ of certiorari
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when wanting to appeal a case- you need to do this in order to get to U.S. Supreme Court
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Federal Court
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-concurrent jurisdiction with state courts
-have jurisdiction over misdemeanors *they are very harsh= you don't want to be here!! |
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If prison is a possibility, what is your constitutional right?
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-right to a jury by trial
-if you are not losing your freedom (a fine or MIP) you do not have that right |
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bench trail
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-judge decides
-takes place when the defendent knows they will not get sympathy from a jury (child molestation) -waves jury by trial |
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Most common reason for Appeal Process?
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-Issue with jury instructions
-was the jury properly instructed by authority? |
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The 3 sources of criminal law
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Legislation: only Congress can write the laws (primary source)
Constitution: interpretation of it Judicial: case law methodology. there should be continuity. the ruling for 20 years ago should be the same for today |
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Purpose of the:
a) Bill of Rights b) Constitution |
a) protects us from the government
b) puts a restraint on the gov't |
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Burden of proof
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-legal principle that dictates on whom (plaintiff or defendent) the requirement to establish one's case rest
-innocent until proven without reasonable doubt that they are guily |
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Complaint and information
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documentation that potentially initiates a case
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Death Penalty
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-original reason for general deterrence
-not effective though |
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Indictment
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A formal accusation by a grand jury to initiate a criminal case
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Police Courts
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-lower jurisdiction
-(like traffic violations) |
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Know these 3 cases
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-Kennedy v. Mendoza-Martinez
-Kansas v. Hendricks -The Queen v. Dudley and Stephens |
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5 elements of punishment
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1) it must involve pain or other consequences normally considered unpleasant
2) it must be for an offense against legal rules 3) it must be of an actual or supposed offender for his offense 4) it must be intentionally administered by human beings other than the offender 5) it must be imposed and administered by an authourity constituted by a legal system against wich the offense is committed |
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What is crime?
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a legally prohibited action that is deemed injurious to the public welfare
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Criminal
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-having to do with the nature of crime
-an individual guilty of a felony or misdemeanor |
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Method of Criminal Law
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1) operates by means of a series of directions, or commands, formulated in general terms, telling people what they must or must not do
2) commands are taken as calid and binding upon all those who fall within their terms when the time comes for complying with them, whether or not they been formulated in advance in a single authoritative set of words 3)commands are subject to one or more sanctions for disobedience which the community is prepared to enforce |
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Criminal Law vs. Civil Law
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Criminal Law is defined to include punishment
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Reason why punishment is important
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-punishment is some cases is a practical necessity for any system in which threats of punishment are to be taken seriously
-the justification of punishment is inseparable from the justification of threats of punishment -society not only has a right to punish a person who deserves a punishment, but also has a duty to do so |
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G.W.F. Hegel's view on punishment
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punishment honors the criminal as a rational being and gives him what it is his right to have
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Difference between
a) Retributive justification b) Utilitarain justification |
a) "an eye for an eye"
b) a principle that supposes benefit from punishment, such as deterrence, incapacitation, and rehabilitation |
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Mixed theory of justification
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incorporating both utilitarian and retributive elements provides the most cogent approach to punishment
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Plurality opinion
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-when a majority of judges cannot afree on the reasoning used in support of a decision
-they carry significant weight as precedent for subsequent decisions |
