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ISU CJS 101 - Criminal law and due process

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CJS 101 1st Edition Lecture 4 Outline of Last Lecture II. Characteristics of the Criminal Justice SystemIII. Goals of the police/Courts/CorrectionsIV. Characteristics of implicit biasOutline of Current Lecture V. Criminal law and its limitsA. law and criminal law definedVI. Differences between criminal law and civil lawVII. Substantial and procedural law definedA. common law defined Vlll. Procedural due process A. bill of rights defined B. standards of proof C. elements of crimeCurrent LectureCriminal law and its limits:Law: a body of rules enacted by public officials in legitimate manner and backed by the force if the stateCriminal law: a law hat defines a violation of public rights and duties, which create a social harmor an injury against societyCriminal law: Civil Law:-Public offence -regulates relations between ppl-Fines go to the state -sanction is monetary damagesThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.-Right of enforcement belongs to the state -The person brings the action-The govt does not appeal -both parties can appeal-Sanction can range from fine to incarceration or deathSubstantive: law defining acts that are subject to punishment and specifying the punishments for such offences, has to prove beyond reasonable doubtProcedural: law defining the procedures that criminal justice officials must follow in enforcement, adjustication and correctionSources and limits of criminal law: constitutional law, statutory law, case law, administrative lawCommon law: judicial decisions create law, based on custom and tradition, originated in EnglandProcedural due process: the constituational requirement that all persons be treated fairly and justly by government officialsProcedural law: defined by judicial rulings of appellate courtsBill of rights: first ten ammendments to the U.S constitution. Standards of proof:-reasonable suspicion 20%-probable cause 50%-preponderance of the evidence 51%-reasonable doubt 95%Elements of crime (all must be present): -actus reus: a voluntary act, there as to be some action, some act(doesn’t have to be complete)-mens rea: the guilty mind, responsible for crime


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