law that affects society as a whole
3 types of public law
criminal, constitutional, administrative
an offense against society, established by legislature; state/society is the victim
types of crime
treason, misdemeanor, felony, summary offense
waging war against the country or aiding the enemy; only crime defined in the constitution; penalty ranges from 5 years in jail to death
ex.-murder, arson, robbery; penalty is more than one year in jail
ex.- simple assault, trespassing, destruction of property; penalty is less than one year in jail
ex.-traffic ticket; penalty is a fine
must prove that defendant committed crime
criminal intent (committed crime; state of mind)
fundamental fairness; limitation on government; cornerstone of our legal system; found in 5th amendment
types of due process
substantive and procedural
actual law; defines rights and duties; ex.- can't yell fire in a public place
method and means of enforcing the law
substantive due process
laws must be fundamentally fair
test for substantive due process
1. does it serve public interest?
2. is it overly broad?
3. is it too vague?