CCJ 2020 Intro to Criminology Exam 2 Study Guide Cassidy Tevlin Read over the chapters and memorize this paper This is her whole study guide with quotes straight from the book and all the slides Don t waste your time on the slides because I ve taken all the important facts from them Let me know if you need any help with anything Hope you enjoy the study guide I worked really hard to make Chapter 4 The Purpose of the Law Laws uphold fairness and prevent the victimizations of innocents Law regulate relationships between people and also between parties Laws support a system of the punishment and rehabilitation of offenders Types of Law Statutory law on the books Case law that results from judicial decisions Common body of unwritten historical precedents created from everyday social customs rules and practices many of which were supported by judicial decisions Acts that are crimes because they are inherently evil or harmful to society Examples prohibitions against murder rape robbery and arson Acts that are prohibited because they are defined as crimes by law Examples parking regulations minimum drinking age limits and various licensing Mala in Se Mala Prohibita regulations Sources of Laws Federal Apply to all people within the US State Apply only to crimes within the state and vary between states Local Apply only in the county boundaries The Limits of the Law Principle of Legality o The government cannot punish citizens for specific conduct if no specific laws exist forewarning them that the conduct is prohibited or required o The principle of legality which has its roots in the Roman Empire requires laws must be made public before they can be enforced o If there is no law prohibiting an action the action is legal Ex Post Facto o Declares that persons cannot be punished for actions committed before the law prohibiting the behavior was passed o This law prohibits the government from increasing the punishment for a specific crime after the crime was committed Due Process o Substantive due process limits the government s power to criminalize behavior unless there is a compelling and substantial reason for the public interest to do son o Procedural due process requires that the government follow standard procedures and treat all defendants equally Rules of Evidence o Define what is fair treatment of the defendant what order of events must be followed and what types of evidence can be admitted at a trial as well as the trial rights of defendants and the right to appeal Void for Overbreadth o The principle that laws go too far in that they criminalize legally protected behavior in an attempt to make some other behavior illegal that cannot be upheld Void for Vagueness o The principle that laws not using clear and specific language to define prohibited behaviors cannot be upheld Actus reus the actions of a person The action must be voluntary in the sense that criminal law does not prosecute persons for accidents that are not negligent or reckless However the law does provide that two cases actus reus can be other than direct criminal behaviors These are failure to act and possession Mens rea state of mind or intent The person must have criminal intent or guilty mind The action must intend harm Harms that result from accidental actions may have civil liability but are not criminal The only direct evidence of mens rea is the defendant s confession Mens rea is primarily determines by circumstantial or indirect evidence Inchoate Offenses crimes that go beyond mere thought but do not result in completed crimes and are subject to punishment Solicitation the urging requesting or commanding of another to commit a crime Conspiracy the planning by two or more people to commit a crime Attempt an incomplete criminal act the closest act to the completion of a crime Criminal Defenses Alibi requires that the 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 claims that the victim gave permission for the act or condoned the act is not a valid defense for some criminal actions Duress the person claims that he or she did not commit the actions of his or her own free will Mistake Ignorance of fact vs factual impossibility Mistake Ignorance of fact is an affirmative legal defense in which the defendant made a mistake that does not meet the requirement for mens rea Factual impossibility is when it is not possible for the person to commit the crime intended Self defense an affirmative legal defense in which a defendant claims that he or she acted to protect himself or herself or another person against a deadly attack or invasion of his or her home Youth Under the age of 7 a child cannot be charges criminally because they could not form mens rea Crimes against the state Treason Espionage Terrorism Sedition Crimes against the person Murder Manslaughter Rape Kidnapping Robbery Assault and Battery Crimes against habitation Burglary the modern offense of burglary combines two less serious crimes trespass and intent to commit a crime into a serious felony crime Arson the willful and malicious burning or attempted burning of any structure including one s own Chapter 7 Jurisprudence a philosophy of law to settle disputes Dual Court System Article 3 Section 2 part that defines the jurisdiction of federal courts The political division of jurisdiction into two separate systems of courts federal and state in this system federal courts have limited jurisdiction over state courts Federal State Torts claims of personal injury that are not criminal Tort injuries may include injuries caused by purposeful actions or by negligence Civil vs Criminal Law Civil Law Scope private law business law torts Burden of Proof preponderance of evidence Responsibility of bringing case to court private parties initiate the case Punishment monetary damages contract enforcement Criminal Law Scope Violation of criminal law Burden of Proof beyond a reasonable doubt Responsibility of bringing case to court the government initiates the case Punishment fines imprisonment death Original Jurisdiction Appellate Jurisdiction U S Magistrate Courts The lawful authority of a court to hear cases that arises within a specified geographic area or that involve particular kinds of law violations The lawful authority of a court to review a decision made by a lower court Organized by the Federal Magistrates Act of 1968 Federal
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