Introduction to Criminal Law
Introduction to Criminal Law I. ... Law – a set of rules, regulations and traditions that govern a society (any group of people) 1. ... Criminal - prosecution - burden is beyond a reasonable doubt * due to the fact that criminal law takes into account someone’s life, not just there property * much more worried about false positives than we are about false negatives - do not find people “innocent” – find them NOT GUILTY - criminal judgment is a very important social judgment * if a defendant is sentenced to probation, we are saying that we, acting through the jury, find his conduct blameworthy II. Sources of Criminal Law A. ... All criminal laws must come from a statute a. Torts and breaches can come from common law. ... - 1066, crimes and civil wrongs were not clearly distinguished - 16th century, enactments of Parliament added specific crimes the common law offenses - American Revolution, legislative enactments declared the common law - Reform to codify the law and improve the severity of the punishments * Prior to 1800, over 100 different offenses were punishable by death. - 19th century, criminal law is expressed in a penal code in all but a few American jurisdictions 2. ... Common Law – judicial precedent 1. ... All courts defer to the US Supreme Court on federal law, but need not defer on state law. ... Analytical Schemes of Criminal Liability A. ... Criminal liability is divided into three issues a. ... Wrongdoing and Justification - no liability unless it is wrongful - justification negates criminal liability * might still support civil liability c. ... Relevant facts - struck down jury instructions that “the law presumes that a person intends the ordinary consequences of his voluntary acts 7. ... Criminal Process A. ... criminal record d. ... possibility of redress outside criminal justice system (e. ... manslaughter for murder) * violates penal law (punishment must fit crime) * violates rules of criminal procedure (must be convicted beyond a reasonable doubt) D. ... crime charged is not a violation of the law in the relevant jurisdiction b. ... some, all, or none of the charges may be dismissed - Repercussions of dismissal for prosecution * dismissal of charge does not preclude the prosecution from charging the same crime again * prosecution may also appeal the dismissal citing the judge made an error of law 2. ... drawn from three sources - “pattern” jury instructions * endorsed and published by the appellate courts - instructions requested by the prosecution or defense - instructions written by the judge based on his/her understanding of the relevant law b. ... Tracing the Criminal Process using a Hypothetical Case A. ... is an issue of legislative interpretation of state law, no federal issue 2. ... Law 3.