Types of Law Statutory the written law established by legislature Case set of existing rulings which have made new interpretations of law cited as precedent Common unwritten laws Mala in Se literally crimes that are harmful in themselves pose a harm to society Mala Prohibita crimes prohibited only because of the law and not because they are necessarily harmful Sources of Laws Limits of the Law Federal laws apply to all people within the United States State laws apply only to crimes committed within the state Local jurisdiction does not extend beyond county municipal boundaries Principle of Legality citizens cannot be punished for conduct for which no law against it exists Ex Post Facto citizens cannot be punished for actions committed before laws against the actions were passed and that the gov t cannot increase the penalty for a specific crime after the crime was committed Due Process Procedural requires that gov t follow established procedures and treat defendants equally Substantive limits power of gov t to create crimes unless there is a compelling substantial public interest in regulating or prohibiting a certain type of product Void for Over breadth law makes one conduct illegal but also prohibits other behaviors that are legally protected law that goes too far Void for Vagueness law that does not provide reasonable guidelines defining the specific prohibited behavior Actus Reus actions of a person committing a crime Mens Rea state of mind for person committing crime Incohate Offenses crimes that go beyond mere thought but do not result in completed crimes Solicitation urging requesting or commanding of another to commit a crime Conspiracy two or more people taking steps in preparation for the commission of a crime Attempt an incomplete criminal act that is the closest to completing a crime Criminal Defenses condoned the act prosecution Alibi requires that defendant present witnesses who will give testimony in court or other evidence establishing the fact that the defendant could not have committed the offense Consent or Condoning by Victim defense that the victim gave permission for the act or Diplomatic Immunity grants foreign diplomats complete immunity from any criminal Legislative Immunity the protection of senators and reps of Congress from arrest only while the legislature is in session except for felonies and treason Duress a legal claim by a defendant that he or she acted involuntarily under the threat of immediate and serious harm of another Mistake or Ignorance of Fact an affirmative legal defense in which the defendant made a mistake that does not meet the requirement for mens rea Self defense an affirmative legal defense in which a defendant claims that he or she acted to protect him or herself or another person against a deadly attack or invasion of his or her home Youth the defense that children cannot form a mens rea Crimes against the State crimes against federal and state governments there may be no individual victims Crimes against the person homicide rape sexual assault kidnapping robbery and assault and battery Crimes against Habitation Burglary arson Jurisprudence a philosophy or body of written law used to settle disputes Dual Court System the court systems of the various states are sovereign governmental jurisdictions each equal in importance and with separate political jurisdictions Scope Private law Contract law negotiable instruments Redress for harm injury fraud and Torts claims of personal injury that are not criminal Civil Law slader Torts violation of constitutional rights Burden Preponderance of evidence Who brings case to court Private parties plaintiff defendant Punishment Monetary enforcement of a contract Criminal Law Scope violation of criminal law Burden Beyond a reasonable doubt Who brings case to court Government Punishment Fines prison restriction of liberty death Original Jurisdiction The first court to hear and render a verdict regarding charges against a defendant Appellate Jurisdiction state courts that have the authority to review the proceedings and verdicts of general trial courts for judicial errors and other significant errors US Magistrate Courts federal lower courts whose powers are limited to trying lesser misdemeanors setting bail and assisting district courts with various legal matters Purpose enforcement of all federal codes in all 50 states Federal Judicial Circuits How Many 12 US Appeals Court by the defendant Purpose conducts hearings that review the questions of judicial error or constitutionality raised Judicial Error defendant s rights were not protected and or procedure wasn t followed Procedural error The written laws and rules were not followed Question of guilt only addressed in original jurisdiction US Supreme Court Judicial Powers final appeals court legal mediator for lawsuits between states mediator b w US and foreign countries final authority for legal opinions binding of the federal government Judicial Review to establish legal principles that will apply to countless cases Purpose look at cases that have important procedural and constitutional questions and determine whether a significant judicial error was made in lower courts and determine the appropriate remedy When Cases are reviewed When laws verdicts or acts of Congress are unconstitutional Outcome of Hearing Trial Affirm case or reverse lower court s decision Affirm no substantial judicial or constitutional error Remand case sent back to original jurisdiction so they can remedy the situation Landmark Case when the Supreme Court changes the legal principles or foundations upon which legislation and constitutional rights are interpreted State Courts of Limited Jurisdiction Justice of the peace magistrate municipal and justice courts Handle traffic violations criminal violations misdemeanors and local ordinances and laws within the geographic jurisdiction of the local government State Courts of general Jurisdiction handle criminal civil and many other legal responsibilities Every trial has a transcript often called circuit superior district common pleas and first instance courts Herrera v Collins a case in which the Supreme Court of the United States in a 6 to 3 decision ruled that a claim that the Eighth Amendment s ban on cruel and unusual punishment prohibits the execution of one who is actually innocent is not ground for federal habeas corpus relief Courts of Last Resort appellant and original jurisdiction select the criminal cases they choose
View Full Document
Unlocking...