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Intro to Criminal Justice Ch. 4
Terms in this set (34)
Code of Hammurabi
-The laws of the ancient Babylonian king Hammurabi are the earliest known written laws.
-The laws followed the eye-for-an-eye philosophy.
"Great Charter"; a guarantee of liberties signed by King John of England in 1215 that influenced many modern legal and constitutional principles.
- based on the decisions of the judiciary, instead of being specified by a legislature or constitution.
- based on the doctrine of precedent.
4 issues that guide PRECEDENT
Sources of Laws
- binds legislators, societal institutions, and the citizens to a system of government and laws.
-Express the will of the people.
-county and municipal charters
-ordinances and regulations
The_________________ does not proscribe many behaviors, but sets out values that the criminal law cannot abridge.
Bill of Rights
The_____________ the first 10 amendments to the Constitution, dictates the basic freedoms enjoyed by citizens.
-A law enacted by a legislature.
-Legislative bodies have developed the common law into specific statutes proscribing criminal behavior.
-fit the principles of predictability, reliability, efficiency, and equality better than the doctrine of precedent.
-Code of law that deals with crimes and the punishments for them
-Depends on the principle of precedent and influenced by jurisdiction.
-Comes from previous judicial decisions
Health, environment, customs, and parole agencies have the authority to enact rules that limit the freedoms of individuals within their influence.
1. The enforceability of the law
2. The effects of the law
3. The existence of other means to protect society against undesirable behavior
What are 3 criteria that determine which behaviors
are made criminal?
-Cases are between two individuals.
-Sentences involve money damages, not incarceration.
-Covers contracts, personal property, maritime law, and commercial law
Tort Law (type of civil law)
covers personal wrongs and damage and includes libel, slander, assault, trespass, and negligence.
-prosecution in the same jurisdiction of a defendant for an offense for which the defendant has already been prosecuted, convicted or acquitted.
-does not preclude a victim from suing for private damages after the criminal trial has concluded
-Found in the criminal codes of the state and federal governments.
-Specifies which behaviors are defined as crime.
-Specifies how the criminal justice system may deal with those who break the law.
-Specifies rules of arrest, search and seizure, rights to attorneys, and attorney/client privilege
-Incarceration is usually more than one year and may specify life in prison or capital punishment.
-Considered to be the most serious type of crime
-Less serious offenses than felonies and subject to less severe penalties
-Offenders are incarcerated in jails or stockades rather than prison.
A behavior may be a felony in one jurisdiction and a misdemeanor, or not an offense at all, in another.
True or False?
-Seeks to deter people from planning and attempting to break the law
-Examples: involve conspiracy and attempt
corpus delicti or "the body of the crime."
-Occurs when a person engages in a behavior prohibited by the criminal law
-Present when a person acts purposefully, knowingly, recklessly, or negligently
-Both actus reus and mens rea must be present at the same time for a behavior to be considered a criminal offense.
-the exception is strict liability
-responsibility for a criminal offense without intention to break the law.
1. My client did not do it
2. My client did it, but is not responsible b/c he or she is insane
3. My client did it but has a good excuse
4. My client did it but has a good reason
5. My client did it but should be acquitted because the police or prosecutor cheated
6. My client did it but was influenced by outside forces
Six arguments that can be employed in the defense against a criminal indictment
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