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SC CRJU 101 - Criminal Law

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Nature, Purpose, and Rule of Law:What is law?Rule of conductGoverns relationshipsConstrain behavior and protect orderRule of lawNo one is above the lawLaw applied fairly to allGeneral Categories of Crime:Felony:Most serious offenses1+ years in prisonUsually lose certain rights if convictedCan’t own a fire arm – mentally ill people cannot own a firearm as wellLose the right to voteLos the right to leave the countryLose the right to parenthoodMisdemeanor:Relatively minor crimesLess than a year in prisonMost receive suspended sentenceInfraction:Also known as offensesMinor violations of ordinancesUsually receive a citation and pay fineThe limits of the law:Principal of legalityThe cannot punish you for a crime that was not a law, when you committed itNot illegal to be a prostituteEx-Post Facto LawsCan’t go back and change a law for a crime to make it illegalWhat is the law at the time the behavior happensDue processRights that you haveLimits the extent of the lawCaps on what the law can and cannot doVoid for vaguenessHave to mean what is says and say what it meansRight to privacyGovernment cannot invade on your privacyClient attorney privilegeSpousal privilegeDoctor privilegeSpiritual counselVoid of overbreadthLaw cannot be so wide it encompasses everythingCruel and unusual punishmentSpecific punishment that goes along with a specific crimeCriminal Defenses:Alibi:Someone who can verify your whereabouts during the time of the crimeAt a different place or engaged in different activities, could not have committed crimeThe only defense… “based upon the premise that the defendant is truly innocent”Claim of innocenceWitness (ex. With someone else at time, eyewitness)Documentation (ex. ATM receipts, hotel receipts)Justifications:Why you did it – you had to for some reasonSelf defenseYour own safety“Path of retreat”Reasonable forceDefense of othersAlter ego rule – truly believe someone is in harmReasonably believe someone is in need of defenseInnocent person being victimizedDefense of home/propertyReasonable, nondeadly force to protect propertyCastle exceptionHow do you know the intentExcuses:I did this but I shouldn’t be prosecuted because…ProceduralImmunity or Privilege:Accused has special protection against being prosecutedDiplomatic immunityForeign diplomats in the US cannot be prosecutedLegislative immunityExtended to lawmakers while in sessionWitness immunityGives testimony and immune from prosecution based on that testimonyPrivilegeImmune from punishment because of official duty or officeCRJU 101 1st Edition Lecture 4Outline of Last Lecture I. Homicide Outline of Current Lecture II. Nature, purpose and rule of lawIII. General categories of crimeIV. The limits of the lawV. Criminal defensea. Alibi b. Justificationsc. Excuses VI. Immunity or privilege Current Lecture Nature, Purpose, and Rule of Law:- What is law?o Rule of conduct o Governs relationshipso Constrain behavior and protect order- Rule of lawo No one is above the lawo Law applied fairly to all  General Categories of Crime:- Felony:o Most serious offensesThese 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.o 1+ years in prisono Usually lose certain rights if convicted  Can’t own a fire arm – mentally ill people cannot own a firearm as well  Lose the right to vote Los the right to leave the country Lose the right to parenthood - Misdemeanor:o Relatively minor crimeso Less than a year in prisono Most receive suspended sentence- Infraction:o Also known as offenseso Minor violations of ordinanceso Usually receive a citation and pay fine  The limits of the law:- Principal of legality o The cannot punish you for a crime that was not a law, when you committed it o Not illegal to be a prostitute - Ex-Post Facto Lawso Can’t go back and change a law for a crime to make it illegalo What is the law at the time the behavior happens- Due process o Rights that you haveo Limits the extent of the lawo Caps on what the law can and cannot do- Void for vaguenesso Have to mean what is says and say what it means- Right to privacyo Government cannot invade on your privacyo Client attorney privilege o Spousal privilege o Doctor privilege o Spiritual counsel - Void of overbreadtho Law cannot be so wide it encompasses everything- Cruel and unusual punishment o Specific punishment that goes along with a specific crime Criminal Defenses:- Alibi:o Someone who can verify your whereabouts during the time of the crime o At a different place or engaged in different activities, could not have committed crime o The only defense… “based upon the premise that the defendant is truly innocent”o Claim of innocence Witness (ex. With someone else at time, eyewitness) Documentation (ex. ATM receipts, hotel receipts)- Justifications:o Why you did it – you had to for some reasono Self defense  Your own safety “Path of retreat” Reasonable force o Defense of others  Alter ego rule – truly believe someone is in harm Reasonably believe someone is in need of defense  Innocent person being victimizedo Defense of home/property  Reasonable, nondeadly force to protect property Castle exception  How do you know the intent- Excuses:o I did this but I shouldn’t be prosecuted because…- Procedural  Immunity or Privilege:- Accused has special protection against being prosecutedo Diplomatic immunity  Foreign diplomats in the US cannot be prosecuted o Legislative immunity Extended to lawmakers while in sessiono Witness immunity Gives testimony and immune from prosecution based on that testimony o Privilege  Immune from punishment because of official duty or


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