OUTLINE CRIM LAW
WEEK 1
OVERVIEW: We will study:
Ø Statutory Law – law made by legislature == ALL CRIME IS STATUTORY
Ø Judicial Law – Judge made law == COMMON LAW
Ø Model Penal Code (MPC) == no state has adopted the MPC, made up by Legal professionals. But every state has adopted some portion of it.
When a statute leaves something out or does not define a term, the crts will look to common law to define and interpret it.
· STARI DESIS — If there is no common law and judges have to create law
WHAT IS A CRIME:
o A wrongdoing
o Malicious act
o Punishable by law == conduct that is punishable by individual breaking the rules
o A Crime is not necessarily defined
WHY DO WE PUNISH;
Ø To deter crime
o General deterrence – to deter others from doing the same crime
o Specific deterrence – to deter the D from doing the same crime again
WHAT KIND OF CONDUCT IS PUNISHABLE
1. Crimes against the Person
i. Murder
ii. Rape
iii. Assault & battery
2. Crimes Against Property
iii. Malicious destruction
3. Taking an unwarranted risk of creating a crime
i. High potential of injury
a. Drunk driving
4. Crimes against Morality
i. Prostitution
LIMITS PLACED ON LAWMAKERS
· Constitutional limits — legislation cannot infringe or make laws that infringe on our constitutional rights. As long as it does not infringe in our const rights – they can
· Proportionality – the punishment should fit the crime — eighth Am.
o
Cruel and unusual punishment – death not proportionate to the crime
Coker v Georgia = Coker an escape convict raped a women. When caught and tried he was sentenced to death. US Sp Crt overruled, stating that death for rape was socially unacceptable. (Utilitarians thought that he might escape and do it again or even kill so he needed to be put to death).
o Gregg v Georgia = sentenced to death for the crime of murder. US Sp Crt ruled that death was not a violation of the eighth Am for murder
