Criminal law Midterm

• Retribution
• Deterrence
• Incapacitation
• Rehabilitation
• Restitution

The theory that criminals ought to somehow suffer for the crimes that they have committed

• Individual deterrence
• General deterrence

• Individual deterrence is aimed toward the specific defender
• General deterrence aims at society in general

Aims simply to keep criminals away from society so that society is protected from their criminal conduct

Aims at transforming an offender into a valuable member of society

Its goal is to repair any hurt inflicted by the offender on the victim through state authority

public law

relationships between individuals

A branch of sociology that is the study of the causes of crime

The application of science to criminal investigation and encompasses forensic science

It establishes the standards of conduct required for the protection of the community

A private wrong done to a person or property

One in which the state and the public have declared an interest

A civil wrong done to a person or their property

A violation of a moral or religious code

A moral and ethical commitment to the law

The U.S constitution

Refers to the broad legislative power of a state to pass laws that promote public health, safety and welfare

No punishment without law

• Public order
• Domestic tranquility
• Protection of the basic rights of the individuals

Laws are enacted

Administer and enforce the laws

Judges and jury determine guilt or innocence

The fifth amendment

A serious crime generally punished by a year or more in prison

less serious offense that may be punished by incarceration in a local jail for a period of time less than one year

After the fact laws

A legislative act that inflicts punishment without the person having had a trial

Laws that apply to all people within a state or nation

The 5th

The 4th

The 6th

• Discourage and deter people from committing crimes
• Protect society from dangerous people
• Punish people who have committed crimes
• Rehabilitate people who commit crimes

No act should be made criminal or punished without advance warning in the form of a legislative act

Small quality of life crimes will eventually encourage greater lawlessness

Class A-E

Class A-C

• Freedom of speech
• Freedom of religion
• Freedom to move about freely

• Ex post facto laws
• Bill of Attainder

The first and earliest source of criminal law

Crime created by judges

statutory laws

Power to regulate conduct and punish an offender

This law permits federal agencies to assist in locating state fugitives who may have fled from one state another

Kidnapping or abduction of any person for reward or ransom when interstate transportation, or use of special maritime or territorial jurisdiction of the US is involved

Makes it illegal for 2 or more persons to combine or conspire either to commit any offense against the laws of the US

Racketeer Influence and Corrupt Organization

Federally owned and controlled lands

The seizure of a ship or aircraft while it is underway

When a crew seize an aircraft or ship and revolt against lawful authority

Unlawful acts committed by the captain or officers of a ship that are contrary to their duties

The world's first permanent war crimes court

Jurisdiction of the US over actions within territorial waters of the US on US ship or stateless vessels on the high seas.

A state of military control over civilian populations as declared by state or federal government

A gathering of three or more people for any unlawful purpose or under such circumstance as to endanger the public peace or cause alarm and apprehension

Class B

Class A

Class E felony

Class A

• Threats against public officials
• Threats by schoolchildren against teachers
• Terroist threats
• Violations of restraining orders

The offense of injuring the character or reputation of another by oral or written communication of false statements

Generally a written offense

Generally an oral offense

The offense of urging another to commit an unlawful act

Communications that could either cause a public disorder or tend to cause a public disorder

The test used to judge government restrictions on speech

• Obscenity
• Fighting words
• Inciting
• Defamation
• Public nuisances

prohibits excessive bail, excessive fines, and cruel and unusual punishment

Held that imposition of the death penalty without an established procedure to determine which defendant should live and which die was arbitrary and capricious

• Mentally retarded defendants
• Juveniles under 18
• Insane persons

Inflicting deadly injury as punishment for criminal conduct

inflicting nondeadly physical injury as punishment for criminal conduct

Claims under the 14th amendment are based on state conduct that is so brutal, demeaning and harmful as to shock the conscience

It gives the federal government power to regulate actions by use of criminal laws only if the actions involve or affect interstate commerce

Power of the country

it imposes limits upon the use of military troops in civil law enforcement

• The accused shall enjoy the right to a speedy and public trial
• The right to counsel

• Double jeopardy
• Nor shall be compelled in any criminal case to be a witness against himself