Criminal Law Outline

Criminal Law Walker Fall 2017
Jurisdiction & General Matters
Criminal Law v. Civil Lawà D’s can be subject to both
Crime
Crime- a wrong that is condemned by the community
Penalty- prison, execution, fine
Criminal prosecutions brought by the state
Guilt must be proven beyond a reasonable doubt
Civil
Tort- a wrong that is not condemned (accident/negligence)
Penalty- fine, court order
Civil suits brought by private individuals
Liability must be established by a preponderance of the evidence
Jurisdiction
Most crimes are state crimes (murder, robbery, burglary, theft)
State jurisdiction applies when offense is committed wholly or partly in the state
If D leaves state à they can be extradited for trial
When conduct outside state constitutes an attempt or conspiracy w/in the state
When conduct inside the state constitutes attempt or conspiracy targeting victim outside the state
D can be charged in Fed & state court at the same time
Some crimes are federal.
Crimes committed on federally owned or controlled territory (national park, military base, Guam)
Crimes committed by US citizens abroad
Crimes committed on ships or airplanes
Crime expressly defined by a federal statute
Civil Rights: causes bodily injury to an individual based on race, gender, sexual preference or religion
Interstate Commerce: damages aircraft or cars engaged in interstate commerce
National security: transmits or distributes classified defense information
Drug offenses, both federal AND state
Offenses against the US are federal (espionage)
Acts of terror are federal
Nature, Source, and Limits of Crim Law (pp. 1-5)
Characteristics of the Criminal Process
Operates by means of a series of directions, or commands, formulated in general terms, telling people what they must or must not do
Commands are taken as valid & binding upon all those who fall w/in their terms when the time comes for complying w/ them.
Commands are subject to one or more sanctions for disobedience which the community is prepared to enforce
What distinguishes a criminal from civil sanction & all that distinguishes it, it is ventured, is the judgment of community condemnation which accompanies & justifies its imposition
Method of criminal law involves more than threat of community condemnation—involves threat of unpleasant consequences (PUNISHMENT)
**COMMUNITY CONDEMNATION
Difference b/w crime & tort
Possession of marijuana has less punishment than possession of cocaine~ not as condemned by the community
Difference b/w 21 year-old having sex w/ 16-year-old & 21 year-old having sex w/ 17 year-old= Difference in what age you are able to make the consensual decision to have sex
Sources of American criminal Law
Precedent & ruling of courts= common law
Courts pass upon constitutionality of legislation & interpret criminal laws
Judge’s charge to the jury
Accept common law of England as long as it doesn’t challenge a state law
State legislators have asserted authority
Create statutes & laws
Administrative crimes- defined by government agencies
Constitution- limits legislator’s lawmaking power
Can’t pass a law that violates 1st amendment
No state shall pass Bill of Attainder (law targeting an individual)
No state shall pass ex post facto law (retroactive punishment)
8th Am- excessive bail shall not be required, no cruel & unusual punishment
Common law crimes are not listed in statutes
Most states have abolished common law crimes
No fed common law crimes
*MPC
Universal code set out to bring coherence to “criminal codes”
No state adopted it in its entiretyà many states adopted parts of it
Right to Jury, Proof of Guilt, Presumption of Innocence (pp. 6-18)
Criminal Law in a Procedural Context: Pre-Trial
Trials are the excepti