stankiewicz. what is the difference between criminal and civil law? what is the difference between...
TRANSCRIPT
Essential Questions - 1
What is the difference between Criminal and Civil Law?
What is the difference between substantive and procedural law?
What are the five features of “good” criminal laws?
Essential Questions - 2
How is criminal law a political phenomenon?
What are the origins of American Criminal law?
What are your rights under the 4th, 5th, 6th and 8th Amendments to the US Constitution?
Criminal Law - 1 Criminal law is the
_________________________________________________________ defining the offences against the community at large
Criminal law _________________________________________________________
Criminal Law - 2 Criminal law ________________________________
Criminal Law defines ______________________________________________behavior
The law also provides the punishments for convicted offenders
The Criminal law of a political jurisdiction is called the __________________________________
Criminal Law - 3
Tort o _______________________________________
o A civil wrong which unfairly causes someone else to suffer loss or harm resulting in legal liability for the person
Civil Law A means of
_________________________________between individuals
Includes ____________________ claims, the law of contracts and property and subjects such as _______________________ and the regulation of public utilities
Substantive Law
The body of law that defines ____________________________________________________________________________________________________
Procedural Law
The body of law that governs the ways substantive laws are administered
AKA: ________________________
Ideal Characteristics of the “Good” Criminal Law
5 features identify “good” criminal law
1. ____________________________________2. Specificity3. Regularity4. ____________________________________5. ____________________________________
Politicality Refers to
____________________________________________________________________________________________________
Only violations of ________________________________ are crimes
Violations of rules made other than by the state(family rules, church rules, etc.) may be considered bad or sinful, but are _______________________ because they are not prohibited by the state
Specificity
Refers to scope to the law
Criminal law should provide strict definition of specific acts it deems unlawful
Regularity
Regularity = __________________________________________________________, regardless of social status
Uniformity
Uniformity refers to the way in which the criminal law is enforced __________________________________________________________________________________________
Penal Sanction - 1
This principal states that violators will be punished or at least ______________________________breaking the law
Five General Types of Penal Sanctions
1. Punishment2. ________________________________________3. Compensation4. _________________________________________5. Treatment or Rehabilitation
Punishment
Purpose: o _______________________________________o Provide retribution (“an eye for an eye”)
Focus: o ______________________________________
Restitution
Purpose: o Make victim
“___________________________” by having offender directly of indirectly pay the victim
Focus: o ________________________________________
Compensation
Purpose: o Make victim “Whole again” by having
the STATE directly of indirectly pay the victim
Focus: o Crime victim
Regulation
Purposeo _________________________________________________________
__________________________________________________________________________________________________________________
Focuso The entire community
Rehabilitation (Treatment)
Purposeo ________________________________________
__________________________________________
Focuso ________________________________________
Criminal Law a Political Phenomenon
Criminal law designed to regulate the behavior of otherso ______________________________________________________o Justinian’s Codeo Roman Lawo British Law
• Magna Carta
Some suggest promotes the values of some groups over others
Impressions?
Criminal Laws (Criminal Statutes) in US - 1
The US Constitution created __________________ and gave it lawmaking power
_______________________________ as well as similar amendments to state constitutions, describe procedural laws that dictate how substantive laws are to be administered
____________________ on what can be defined as a crime
Criminal Laws (Criminal Statutes) in US - 2
Almost entirely a product of constitutional authority and the _________________________ bodies that enact them
Also _______________________________ or case law interpretation
Criminal Laws (Criminal Statutes) in US - 3
Federal Statuteso ________________________________
State Statuteso _____________________________________
Laws created by municipalities, such as city councils are called ordinances
Common Law in US ________________________________
o A byproduct of decisions made by trial and appellate court judges whenever they render a decision in a particular case
___________________: A decision that forms a potential basis for deciding outcomes of future cases
Stare Decisis: the principle of using _________________________________________ future decisions in court cases
Procedural Law: Rights of the Accused
____________________________________
Found in Bill of __________
4th Amendment to the US Constitution?
The right of the people to be secure in their persons, houses, papers, and effects, against _____________________________________________________________________________________ shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized
Probable Cause A _____________________________________, supported by
circumstances sufficiently strong to justify a prudent and cautious person's belief that certain facts are probably true
Probable cause is the standard by which an officer or agent of ___________________________________________, to conduct a personal or property search, or to obtain a warrant for arrest, etc. when criminal charges are being considered
It is also used to refer to the standard to which a grand jury believes that _____________________________________
Mere Suspicion
Least certainty standard of proof
_________________________________________
With only Mere Suspicion, law enforcement cannot legally stop a suspect
Reasonable Suspicion Standard of proof that is more than a gut feeling
_________________________________________________
With reasonable suspicion Law enforcement can stop and frisk a suspect
_____________________: A search for weapons by patting the outside of a suspects clothing for hard objects that might be weapons
Preponderance of Evidence
Evidence more likely than not outweighs the opposing evidence, or sufficient evidence to overcome doubt or speculation
Clear and Convincing Evidence
Standard of proof beyond ____________________________________________________________
Beyond a Reasonable Doubt
The standard of proof necessary to find a ____________________________________________________________
Warrants - 1 Under the 4th Amendment
Law enforcement must receive written permission from a court of law, or otherwise qualified magistrate, to lawfully search and seize evidence while investigating criminal activity
____________________________________________________________________________________________________
Warrants - 2 A search or seizure is generally unreasonable and
unconstitutional if conducted without a valid warrant and the police must obtain a warrant whenever practicable
_____________________________________________ without a warrant are not considered __________________ if one of the specifically-established and well-delineated exceptions to the warrant requirement applies
The Exclusionary Rule Is a legal principle in the United States, under
constitutional law
________________________________________________________________________________________________________________________________________________________________________________________________________for a criminal prosecution in a court of law
5th Amendment No person shall be held to answer for a capital, or
otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation
5th Amendment Double Jeopardy
The __________________________________________ of the Fifth Amendment to the United States Constitution provides: "[N]or shall any person be subject for the same offense to be twice put in jeopardy of life or limb . . . .“
____________________________________________________________________________________________________against, for the same offense:o retrial after an acquittal;o retrial after a conviction;o retrial after certain mistrials; ando multiple punishment
5th Amendment Self-Incrimination
___________________________________________
If ___________________ this is against the 5th Amendment
Doctrine of Fundamental fairness
Confessions are inadmissible if obtained through _____________________________________ or
______________________________________
6th Amendment - 1 In all criminal prosecutions, the accused shall enjoy the
right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed
which district shall have been previously ascertained by law,
and to be informed of the _____________________________________________________________________________________________________________
to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his
favor, and to have the ____________________________________________ for
his defense
6th Amendment - 2 _____________________________________________
Right to be informed of the nature and cause of the accusation
________________________________________________
Right to bring favorable witnesses
______________________________________________
8th Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted