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SC CRJU 314 - Exam 1 Study Guide
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Federal constitutionAnti-majorities documentProtects defendant from governmentProtects minority view, interests, expressionState constitutionCan give more rights than federal, but can’t take away federal rightsCommon lawAncient English case lawAdopted by SC in 1712, unless the laws were overturnedCommon law marriage: recognized in SCBoth be available to be marriedBoth acknowledge/agreement you’re marriedOutward appearance of marriageStatutesLaw that is passed by the legislatureThe law is always changingFederal, state, local ordnances (city limits)If passed after the common law and it’s different than the common law has been overturnedCase lawA new piece of law from the caseNew law until it’s overturnedJudge made law that comes from an actually caseWith a set of facts that determines the caseThe court interprets the statute (what it includes)Crimes against societyThe government has a direct interest in criminal mattersGovernmental issue not personalEach crime has elements that need to be proved beyond a reasonable doubtThere has to be a guilty act: Actus reusThe criminal actCrime of commissionThe actual act of the crimeCrime of omissionLegal duty to act but you don’t actWas there a legal duty or moral issue and then a failure to actSome kind of evil intent: mens reaGuilty mind/malicious intentState of mind when you commit the actLevels of mens rea (depends on what the statue requires)IntentionalShow you intended to do something unlawfulShow you intended to do lawful in an unlawful wayKnowinglyYou knew what you were doingDoesn’t mean it was intendedRecklessly/negligentlyReckless disregard for the safety of others**Easier to prove lower levels of mens rea**Transferred intentWhen someone intends to do one unlawful act and in the process commits another (or different) unlawful act, then the original bad intent flows to the new bad actSome crimes require a resultNot many but someIf you don’t get that result that you don’t have that crimeYou might have another crimeProve causationThe defendants acts caused that resultWhat actually caused the result, and was it the person being chargedMotiveThe reason for committing the crime is not an element of the crimeDon’t have to prove it in a court of lawJury benefitSometimes the motive can be the defense of the crimeGovernment has to prove the elements beyond a reasonable doubt for a guilty conviction (generally)Vicarious liability crimesException to guild act (Actus reus)One person is being held responsible criminally for another persons actEmployer/employeeIf the owner isn’t held responsible they might not care about the criminal actParents/childrenStrict liability crimesException to the intent (mens rea)Some laws don’t have to prove any mindset/intentAct is enough to be held responsibleEx. speedingState 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 rise for your case.Procedural Criminal Law = once you’ve been suspected of


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SC CRJU 314 - Exam 1 Study Guide

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Pages: 9
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