Federal Constitution – anti majoritarian documentProtects the minority view, opinion, interest, expression, religious valuesEx. Right to a jury trial – they cant take that away from you but they don’t have to give you 12State Constitution – may give us more rights than the federal constitution gives usState can decide to give more rights than the fedsWill do it base don some significant state issue that the state believes should be protectedEx. Right to a jury trial – but have to have 12 jurors (makes it harder to convict you)The Common Law = ancient English case lawSouth Carolina adopted the common law as it existed in 1712Whatever’s the law in England is the law now – it is still good law today unless we have overturned itHave changed some things but not manyStatute = any law that is passed by the legislatureElect people into office and sit in the state house and write up a law and convince their colleagues to pass it ~ i.e. statutory lawUnited States Case Law = the court applies and interprets statutesEx. Law on the books that says its against the law to ride a skateboard on the side walk in the city limits of Columbia and a kid gets in trouble for riding a scooter (is it a skateboard or not?). The court will define what exactly is a skate boardCriminal Culpability Law – laws against societyThe act is blameworthyHave to prove beyond reasonable doubtIf any of the points is not proven – then they should not find you guiltyCrime:Guilty act – Actus ReusCrime of commission – commit a crime (you did the act)Crime of omission – legal duty to act but you don’t act (different than the moral duty to act). Have to have some evil intent called Mens Rea (your state of mind)Jury question – is to determine your evil state of mind, if the jury agrees that it happened, then it happened. They have to show what was in our mind at the time of the crime.There are different levels of Mens Rea. Some crimes determine that a person did something intentionally. The court has to determine if it was something intended in an unlawful way or intended to do something lawful in an unlawful way. Acted recklessly or negligently (lower level of proof but a level of a guilty mind) that it happened.Transferred Intent = someone intends to commit an unlawful act but in the process they commit a different unlawful act that they didn’t intended to do. That original bad act flows to the new bad act.Some crimes require a result. If the crime requires a result, then the prosecution will have to prove the result and causation. (Ex. In order to have a murder case, you have to have the result that somebody died and then you have to prove that the defendant’s bad act caused that person to die).Motif = not an element of the crime and doesn’t have to be proven. Juries want to hear motif but it’s not required. Why would someone do something?The defense can use motif as their actual defense.Vicarious Liability = have to show that you did the criminal act and that you had a criminal mindset. Not being responsible for what you did but you’re being criminally responsible for what someone else did.Usually this happens in employer-employee situationsEx. Working at a bar and a server serves minors alcohol and the bar gets busted for it. The server will go to jail and so will the owner for what the server did.Ex. A child keeps stealing and if they don’t stop the parents can be held responsibleStrict Liability = some criminal statutes do not require proving any mental state whatsoever. If you’ve done the criminal act and we can prove it, that’s enough to convict you.Ex. Speeding they don’t have to prove your mindset* In general the government has to prove the Actus Reus, Mens Rea, result and causation.Substantive Criminal Law = does and don’ts of the law (ex. Don’t steal, rape, etc.). Names the crime and elements of the crime. What defenses you might be able to raise for your case.Procedural Criminal Law = once you’ve been suspected of committing a crime, what are the steps we put you through to prosecute you. The procedure you go through once you’ve been suspected of committing a crime. Even though they can prove that you did it, you might be able to have a legitimate legal defense to get out of it. (Sometimes your defense is that they can’t prove you did it or your defense is that you did it but shouldn’t be held accountable for it).* 3 General Categories or Types of Defenses:1. Excuses – where the defendant admits that what he did was wrong, but because of the circumstances they are not responsible for it. (Ex. Actions under insane delusions and killed someone in the process of that). (Mostly an affirmative defense, the defendant must present evidence that supports his or her defense).2. Justifications – admits that they did they act but under the circumstances his actions were right. (Ex. Self defense). (Mostly an affirmative defense, the defendant must present evidence that supports his or her defense).Preponderance of evidence – more likely than notclear and convincing evidence – higher level of proof3. Alibi – the defendant wasn’t there and couldn’t have committed the crimeCRJU 314 1st Edition Lecture 1Outline of Last Lecture I. Syllabus OverviewOutline of Current Lecture II. Federal ConstitutionIII. State Constitutiona. The Common Lawb. Statutec. Untied States Case LawIV. Criminal Culpability Lawa. Guilty Actb. Crime of Commissionc. Crime of OmissionV. Transferred IntentVI. MotifVII. Vicarious LiabilityVIII. Strict LiabilityIX. Substantive Criminal LawX. Procedural Criminal LawXI. Three Categories of DefenseCurrent Lecture Federal Constitution – anti majoritarian document- Protects the minority view, opinion, interest, expression, religious valueso Ex. Right to a jury trial – they cant take that away from you but they don’t have to give you 12 State Constitution – may give us more rights than the federal constitution gives us- State can decide to give more rights than the feds- Will do it base don some significant state issue that the state believes should be protectedo Ex. Right to a jury trial – but have to have 12 jurors (makes it harder to convict you)- The Common Law = ancient English case law - South Carolina adopted the common law as it existed in 1712o Whatever’s the law in England is the law now – it is still good law today unless we have overturned it  Have changed some things but not manyThese notes