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  1. Article 1 section 8
    what fed gov can do
  2. Article1 section 10
    what state can do
  3. Article 6
    • Pre-emption
    • fed law always triumphs state
  4. Fed Crimes
    • Tax
    • Interstate commerce
    • Federal property
  5. State Crimes
    • Murder
    • Rape
    • Kidnapping
  6. Federal Court System
    District  District court of appeal  Supreme Court
  7. State Court System
    Trial Court  Appellee Court  Supreme Court
  8. Marbury vs. Madison
    • Interpreting fed law for constitution
    • Most important case in the US
  9. Criminal Law
    • go against standards of conduct; can go after money, justice, liberty
    • Create dangerous situation you know about
  10. Civil law
    • someone is suing to get money- want finality; lower stakes
    • unintentional (negligent) conduct (tort, slip and falls, breach of contract, auto)- monetary
  11. Criminal Procedure
    the rules that everyone has to follow (Practice book- “play book”)
  12. Start of criminal procedure
    Bill of Rights
  13. Four Goals of Criminal Law
    • 1. Deterrence
    • 2. Incapacitation
    • 3. Rehabilitation (cure)
    • 4. Retribution
  14. Deterrence
    • Specific- punishment- imprisonment
    • General
  15. Incapacitation
    Going to jail
  16. Rehabilitation (cure)
    • Domestic violence
    • Narcotics
    • Alcohol
    • AR (accelerated rehab)
  17. Retribution
    Don’t commit crimes again s
  18. Where do we get laws?
    Statues (2 or 3 books), common law (cases)
  19. Why can states make different rules?
    If not decided by fed gov, states get police power
  20. Police power
    power granted to states for the health of their citizens
  21. Mens Rea
    intent- determines severity in any case
  22. Actus Reus
  23. 4 levels of intent
    • Purpose
    • Knowledge
    • Recklessness
    • Negligence
  24. Purpose
    4 levels of intent, do exactly what you intended to do (want to hit head and hit head)
  25. Knowledge
    4 levels of intent, acted knowing that the result was extremely likely to occur (want to kill, want to shoot in head but hit chest)
  26. Recklessness
    4 levels of intent, conscious risk creation (didn’t intend to do it but when drive too fast cant prevent anything bad that is going to happen)- conscious decision you are made didn’t think anything bad was going to happen (know you think it is pretty likely something will happen and do it anyways)
  27. Negligence
    4 levels of intent, unconscious risk creation- weren’t consciously aware of the risk you were creating but you should have- rarely considered criminal – sometimes homicide (usually civil)
  28. Why prove beyond reasonable doubt?
    Don’t want an innocent person to be jailed
  29. How we Categorize Crime
    • By Severity
    • Misdemeanor
    • Felony
    • By Degrees- same type of act in the case but doing something in case that makes it more severe
  30. How categorized/ recorded/ keep track
    Uniform crime report (UCR)
  31. Uniform crime report (UCR)
    • take all categories and types to get more accurate picture of crime in the US
    • police officers get info and FBI take info and make report
  32. Bad about Uniform Crime Report
    • Not all crimes recorded
    • under reporting by victims- sexual assault; undocumented person
    • Under reporting by police department- to make their town look better
  33. Why are not all homicides crimes?
    • self defense
    • police officers use gun is certain circumstances
  34. Homicide
    intentionally taking a person’s life
  35. Murder-
    • from common law
    • Unlawful killing another using degrees-
    • 1st Degree- Intentional, deliberate, premeditated
    • 2nd Degree- Heat of Passion (just snapped)
  36. Felony murder (Violent Felony)
    • 1. Commit certain felony
    • 2.While committing felony innocent person dies
    • Robbery most common
    • No intent for someone to die needed
    • Ex: commit armed robbery and guy dies of heart attack before gun shot
    • Ex: you commit robbery and accomplice kills person
    • Usually punished just as severely as murder
  37. Manslaughter
    • 1. Intent to wound/injure somebody OR recklessly create case
    • 2. When wound/injure you kill the
    • Didn’t intend to kill but did
  38. Negligent Homicide
    • 1. Intent- criminal negligence
    • 2. Cause death
  39. Assault
    • 1. Intent- intentionally threaten the use/show of force
    • 2. Places a reasonable person in fear
    • 3. Of imminent attack
  40. Battery
    • 1. Intent- intentional contact that is
    • 2. Non consensual
    • 3. With another person
    • 4. Causes pain or injury
    • o Ex: fight
    • Sexual Assault
    • 1. Non consensual
    • 2. Sexual intercourse
    • 3. With another person
    • 4. Accomplished by the use of force or threat of use of force
    •  More serious- weapon, age (child/ elderly)
    •  Less serious- not intercourse but touching (grabbing of sexual parts)
  41. Statutory Rape
    • 1. Member of protected class(minor, mentally challenged/incompetent, doctor, priest, therapist, high school teacher)
    • 2. Have sexual intercourse with that person
    •  Against children more severe
    •  Doesn’t matter if person says “yes”
    •  Megan’s Law- sex offenders must be registered
    • Kidnapping
    • 1. Unlawful, taking or holding
    • 2. With movement (asportation)
    • 3. Of another person
    • 4. With the use of force or deception (can you help me find my dog?)
  42. Arson
    • 1. Intentional
    • 2. Burning (explosions)
    • 3. Property (that destroyed)
    • Makes it more serious
    • 4. Dwelling (bc people can get hurt)
    • 5. Insurance Proceeds (to get money)
    • 6. If someone gets hurt
  43. Burglary
    • 1. Unlawful entry or unlawful remaining (hide)
    • 2. In a building
    • 3. Intend to commit a crime inside
    • a. Larceny
    • b. Robbery
  44. Larceny
    • 1. Unlawful taking of holding
    • 2. Of property
    • 3. Of another
    • 4. With the intent to permanently deprive that person of property (have to explain why)
  45. Robbery (larceny + force)
    • 1. Unlawful taking of holding
    • 2. Of property
    • 3. Of another
    • 4. With the intent to permanently deprive that person of property
    • 5. Use of threat of force (can be bee bee gun)
  46. Adversarial system
    • both sides want to win and both sides do their best to win (justice system)
    • making it a fair trial
  47. Why is judicial system not fair?
    • Government has better resources than normal person
    • Criminals have lots of rights bc government (have strong preferably rights)
  48. Bill of Rights
    What fed gov, state gov, and no gov can do
  49. Amendments 1-10
    • Protect individual rights
    • Freedom of press, speech (protect from bad government)
  50. Judge
    assures that both sides get a fair trial; chooses punishment
  51. Due Process
    • Usually used
    • Protect Civil liberties (focus on individual rights) -> lim gov
    • Bill of rights
    • Instead of looking at everyone’s info just look at potential criminals’ info
    • Not intended to be efficient- want to get it right
    • • Make it difficult to enforce law and get you locked up
    • o Jury has to make decision
    •  Prevent bias
    •  Represent the community
    • o Legal and factual guilty
  52. Legal guilt and Factual guilt for conviction
    Not only proved crime and but also the gov played by the rules in order to convict you
  53. Crime Control
    • Used by fed law
    • Primary goal to catch and convict criminals
    • The end justifies the means
    • Efficiently
    • Stalk everyone
  54. Role of Prosecutor
    Lawyers or attorneys that represent the government of the people in the community
  55. Fed Gov prosecutor
    • top law enforcement- US attorney general – Eric Holder
    • • Appointed by president but confirmed by the senate (need 51 “yeses”)
    • • Leave with president (political)
    • Each district (of states)has a top prosecutor- US Attorney
    • • Appointed by president and confirmed by the senate
    • • political
    • Assistant US Attorney
    • • Taken from law school (not by president)
    • • Not political (apolitical)
  56. State Prosecutor
    • Have 95% of crimes to prosecute
    • Each state system is different
  57. State prosecutors In CT
    • States Attorney- chief law enforcement officer
    • • 13 Judicial District
    • o 1 per district, Appointed by committee
    • Assistant States Attorney
    • • Try to make apolitical
  58. CT Courts
    • Judicial D (jd)- less than in geographic
    • • Murder rape, arson
    • Geographic area
    • • violence, minor drug, DUI (low time in prison)
  59. Job of prosecutor
    • educate the police and public about the legal system
    • decide who should be prosecuted, what the charges should be and try the cases
    • • if high price then decide not to take plea bargain and then have case with judge
    • to do justice
  60. How prosecutor decides the penalty
    • seriousness offence- how serious case
    • offender- how often have been arrested
    • strength of case- good case or bad case
    • • decide to drop case, fine, put on probation, request go to jail, rehab program
    • • decide what is worth their time to prosecute (lower level courts) and priority in community
  61. Percentage of trials that don’t go to trial
  62. Restrictions of prosecutor
    Have to give info even if go against their side (exculpatory evidence)

    • Exculpatory evidence
    • Info that helps the defendant
  63. Defense job
    • Represent the defendant (∆) to the best of the attorney’s ability; not society at large; whether they did it or not
    • Everyone has the right to a great defendant
  64. Two types of defense attorneys
    • Private Defense Attorney
    • Public Defender
  65. Private Defense Attorney
    • Works for themselves, law firm, don’t work for gov
    • Represent in criminal court
    • Hired by client and decides if want to represent you
    • If accept case, file an appearance (in CT) they cannot quit
    • Paid by hr or flat fee(most common)
  66. Public Defender
    • Attorneys hired by the gov to represent people who are indigent (poor)
    • Appointed by court
    • Client has no say in who they get
    • Cannot quit; unless they the defendant makes too much money and they can buy their own
    • Have to face the possibility of jail to receive lawyer
  67. Gideon vs Wainwright
    • Appeal to supreme court
    • Saying that constitution requires to give you an attorney if you are poor
    • Created public defender system
  68. Main jobs of a defense attorney
    • Educate client to make informed decision
    • Make sure factually guilty
    • Legally guilty
    • 95% of work negotiation of charges or sentence
    • If trial- make prosecution earn the accusation
  69. Factually guilty
    Gov can prove each charge beyond reasonable doubt
  70. Legal guilty
    • Make sure gov played by the rules to arrest you
    • Did break into house w/o warrant?
    • Can file motion for suppress?
  71. Motion for suppress
    Info the Jury cant see bc police didn’t play by the rules to get it
  72. Plea bargain
    • Plead guilty and reduction in charges and/or sentence
    • Convince the prosecutor of the judge that the person is actually good
  73. Attorney, Client confidentiality
    • Any communication between attorney and client are confidential
    • So the client think they can trust the person and don’t lie about this
  74. Cant suborn perjury
    • so don’t ask what you did; ask what you are accused of- bc then cant put your client on the stand bc you know they are going to lie
    • o Unless Secretary, investigator, or if they think a crime is about to be committed
  75. Cant hold physical evidence that is contraband
    Hold something of a client bc it is illegal for them to have it
Card Set:
2013-09-26 21:20:05

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