Deals with matters that’s threat not only the victim but society as a whole•Felony – A more serious crime, determined by criminal code so it varies from state to state. Generally results in a year or more in a prison•Misdemeanor – Generally a year of less in local or county jail•Act + Intent is needed to prove someone guilty•Mala in Se – Crimes inherently bad, things that have always been criminal. Ex- Murder, rape, arson•Mala ProhibitaI – Crimes that society says are crimes, not necessarily inherently criminal. Ex – alcohol consumption, gambling, prostitution. Sometimes referred to as victimless crimes; however, society has the right to define morality thereby justifying laws to prevent these.•Social scientists have to do natural experiments instead of direct experiments. They can’t create tests like chemists canSebastian Schrer wants to know the effect of the drug boom in the 1970sIn Germany – Took a very stringent approach – strict laws preventing drugs In the Netherlands there was a much more tolerant response and laws were less harsh. Users were put through medical programs or rehabSchrer wanted to know why these two societies has different approaches to the drug boom.There was a cultural difference. German society was extremely homogeneous, it was much easier to say drug use was outside the normal realm of German behavior. The Netherlands has been a merchant empire, they weren’t as homogeneous as the Germans – there were substantial minority groups. Dutch were more open minded1.Fundamental institutional differences – in Germany it was deemed a legal problem – not a medical problem. In the Netherlands there was a debate over whether it was a medical or legal problem2.Political reasons – In Germany there are 2 main parties the Christian Democrats (Republicans) have control from 1950 -70. In the 70s power is moved to the Social Democrats (Democrats) and they didn’t want to appear soft on crime early on; thus, stringent laws were created. In the Netherlands there was no political pressure so they didn’t have to be as tough on crime.3.He comes up with 3 explanations:Abel Ch. 10 – Dutch & German Drug Laws -The adversarial system is supposed to be a fight which brings about the truth, the problem is that society is a litigant mean ing the defendant is going up against all of society. The fight is not really a fair fight for the defendant. Because of this we have safeguards against wrongful conviction. Stakes are much higher in criminal law(death or loss of liberty) than civil law so we want to prevent false posi tives. State(prosecutor) v. DefendantProsecutor represents all of societyThe Adversarial System in Criminal Law-Criminal Law: An IntroA.Case took place in EnglandIt was the victim's responsibility to go to the judge and report a crime against himGoes to the English's highest court called the Law Lords of the House of LordsWrit of appeal - what victims had to being to the court if they believed they were victimized. Mary Ashford is a victim of rape and murderMr. Thorton was prosecuted in a normal way by the crown prosecutorJury found him not guiltyCrown prosecutor decided not to prosecute again - something allowed in English lawMr. Ashford goes to private attorney in order to bring the case to trial againThorton's attorney finds that you can do a trial by battle - swordfight, duel, or other means. Idea was that god would step in and decide the truth tellerIs a writ of appeals still legitimate1.Is a trial by battle still legitimate2.Supreme court would have ruled these unconstitutionalEnglish system doesn’t like to overturn decisions , Law Lords rule both laws legitimateQuestion came to law lords:Ashford drops the caseParliament soon after rids the trial by battle and reduces the writ of appealAshford v. Thorton (1819)-For many of the colonies there was a strong theological dimension to why the colony was foundedPeople who had been oppressed got to the "Free world" and were able to establish their own societies free from religious pros ecutionStrong motivation to change the criminal justice system based on the idea of Christian redemption - a sinner can overcome his/her sins and contribute to societyEngland is an extremely harsh country whose punishments for crimes were extremeSimplify the criminal code so that it read like the 10 commandments1.Not execute as much but to shame criminals by making punishment public, hoping you would want to redeem yourself2.Colonists wanted to:1st offense - letter B branded into your forehead. You were shamed and had to redeem yourself□2nd offense - publicly whipped □3rd offense - execution□These punishments were less harsh than English law where you would likely by executed after the 1st or 2nd offense□If the burglary was committed during the Sabbath you committed 3 crimes: 1) Burglary, 2)You weren't in church, 3)Took advanta ge of a person who was trying to partake in religious activities. If you did this, your ear was cutoff as well ad the branding. □burglary law:16 people were executed□4 for murder, 2 for infanticide, 2 for adultery, for witchcraft, 1 for sodomy, 4 for practicing the Quaker religion□Other crimes from 1606-166038% of convictions were for sexual offenses that are no longer crimes□13% for blasphemy or profanity □1760-1774MassachusettsColonial Period (1660 -1776)-Reform period - movement away from a punitive English systemProsecution of crime was the subject the state law, as it is todayStates started to differentiate types of similar crimePost-Revolutionary War (1776-1860)-Historical PerspectiveB.4/6/2011 3:36 PM 4/11/2011 3:51 PM Section IVMonday, March 28, 20113:30 PM Section IV Page 1In 1794 PA established 1st and 2nd degree murder. 1st degree had to be cold blooded (premeditated) or hot -blooded in addition to another felony. Results in capital punishmentStates started to differentiate types of similar crimeDeterrence - preventing individuals from committing a crime out of fear that they will go to prison1.Retribution - You caused harm so you will be punished equally2.Rehabilitation3.American criminal justice system established 3 goals:Americans begin to debate over the utility of the death penalty. States begin to wonder if they are doing it correctly. Some states propose other punishments in lieu of capital punishment. Ex