Stankiewicz. What is the difference between Criminal and Civil Law? What is the difference between substantive and procedural law? What are the.

CriminologyLesson 4

The Rule of Law

Stankiewicz

Essential Questions - 1

What is the difference between Criminal and Civil Law?

What is the difference between substantive and procedural law?

What are the five features of “good” criminal laws?

Essential Questions - 2

How is criminal law a political phenomenon?

What are the origins of American Criminal law?

What are your rights under the 4th, 5th, 6th and 8th Amendments to the US Constitution?

Essential Questions - 3

What is Probable Cause?

What is a Warrant?

What is the Exclusionary Rule?

Two Types of Laws

Criminal

Civil

Criminal Law - 1 Criminal law is the

_________________________________________________________ defining the offences against the community at large

Criminal law _________________________________________________________

Criminal Law - 2 Criminal law ________________________________

Criminal Law defines ______________________________________________behavior

The law also provides the punishments for convicted offenders

The Criminal law of a political jurisdiction is called the __________________________________

Criminal Law - 3

Tort o _______________________________________

o A civil wrong which unfairly causes someone else to suffer loss or harm resulting in legal liability for the person

Civil Law A means of

_________________________________between individuals

Includes ____________________ claims, the law of contracts and property and subjects such as _______________________ and the regulation of public utilities

Substantive Law

The body of law that defines ____________________________________________________________________________________________________

Procedural Law

The body of law that governs the ways substantive laws are administered

AKA: ________________________

Ideal Characteristics of the “Good” Criminal Law

5 features identify “good” criminal law

1. ____________________________________2. Specificity3. Regularity4. ____________________________________5. ____________________________________

Politicality Refers to

____________________________________________________________________________________________________

Only violations of ________________________________ are crimes

Violations of rules made other than by the state(family rules, church rules, etc.) may be considered bad or sinful, but are _______________________ because they are not prohibited by the state

Specificity

Refers to scope to the law

Criminal law should provide strict definition of specific acts it deems unlawful

Regularity

Regularity = __________________________________________________________, regardless of social status

Uniformity

Uniformity refers to the way in which the criminal law is enforced __________________________________________________________________________________________

Penal Sanction - 1

This principal states that violators will be punished or at least ______________________________breaking the law

Five General Types of Penal Sanctions

1. Punishment2. ________________________________________3. Compensation4. _________________________________________5. Treatment or Rehabilitation

Punishment

Purpose: o _______________________________________o Provide retribution (“an eye for an eye”)

Focus: o ______________________________________

Restitution

Purpose: o Make victim

“___________________________” by having offender directly of indirectly pay the victim

Focus: o ________________________________________

Compensation

Purpose: o Make victim “Whole again” by having

the STATE directly of indirectly pay the victim

Focus: o Crime victim

Regulation

Purposeo _________________________________________________________

__________________________________________________________________________________________________________________

Focuso The entire community

Rehabilitation (Treatment)

Purposeo ________________________________________

__________________________________________

Focuso ________________________________________

Criminal Law a Political Phenomenon

Criminal law designed to regulate the behavior of otherso ______________________________________________________o Justinian’s Codeo Roman Lawo British Law

• Magna Carta

Some suggest promotes the values of some groups over others

Impressions?

Criminal Laws (Criminal Statutes) in US - 1

The US Constitution created __________________ and gave it lawmaking power

_______________________________ as well as similar amendments to state constitutions, describe procedural laws that dictate how substantive laws are to be administered

____________________ on what can be defined as a crime

Criminal Laws (Criminal Statutes) in US - 2

Almost entirely a product of constitutional authority and the _________________________ bodies that enact them

Also _______________________________ or case law interpretation

Criminal Laws (Criminal Statutes) in US - 3

Federal Statuteso ________________________________

State Statuteso _____________________________________

Laws created by municipalities, such as city councils are called ordinances

Common Law in US ________________________________

o A byproduct of decisions made by trial and appellate court judges whenever they render a decision in a particular case

___________________: A decision that forms a potential basis for deciding outcomes of future cases

Stare Decisis: the principle of using _________________________________________ future decisions in court cases

Procedural Law: Rights of the Accused

____________________________________

Found in Bill of __________

4th Amendment to the US Constitution?

The right of the people to be secure in their persons, houses, papers, and effects, against _____________________________________________________________________________________ shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized

Probable Cause A _____________________________________, supported by

circumstances sufficiently strong to justify a prudent and cautious person's belief that certain facts are probably true

Probable cause is the standard by which an officer or agent of ___________________________________________, to conduct a personal or property search, or to obtain a warrant for arrest, etc. when criminal charges are being considered

It is also used to refer to the standard to which a grand jury believes that _____________________________________

Mere Suspicion

Least certainty standard of proof

_________________________________________

With only Mere Suspicion, law enforcement cannot legally stop a suspect

Reasonable Suspicion Standard of proof that is more than a gut feeling

_________________________________________________

With reasonable suspicion Law enforcement can stop and frisk a suspect

_____________________: A search for weapons by patting the outside of a suspects clothing for hard objects that might be weapons

Preponderance of Evidence

Evidence more likely than not outweighs the opposing evidence, or sufficient evidence to overcome doubt or speculation

Clear and Convincing Evidence

Standard of proof beyond ____________________________________________________________

Beyond a Reasonable Doubt

The standard of proof necessary to find a ____________________________________________________________

Warrants - 1 Under the 4th Amendment

Law enforcement must receive written permission from a court of law, or otherwise qualified magistrate, to lawfully search and seize evidence while investigating criminal activity

____________________________________________________________________________________________________

Warrants - 2 A search or seizure is generally unreasonable and

unconstitutional if conducted without a valid warrant and the police must obtain a warrant whenever practicable

_____________________________________________ without a warrant are not considered __________________ if one of the specifically-established and well-delineated exceptions to the warrant requirement applies

The Exclusionary Rule Is a legal principle in the United States, under

constitutional law

________________________________________________________________________________________________________________________________________________________________________________________________________for a criminal prosecution in a court of law

5th Amendment No person shall be held to answer for a capital, or

otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation

5th Amendment Double Jeopardy

The __________________________________________ of the Fifth Amendment to the United States Constitution provides: "[N]or shall any person be subject for the same offense to be twice put in jeopardy of life or limb . . . .“

____________________________________________________________________________________________________against, for the same offense:o retrial after an acquittal;o retrial after a conviction;o retrial after certain mistrials; ando multiple punishment

5th Amendment Self-Incrimination

___________________________________________

If ___________________ this is against the 5th Amendment

Doctrine of Fundamental fairness

Confessions are inadmissible if obtained through _____________________________________ or

______________________________________

6th Amendment - 1 In all criminal prosecutions, the accused shall enjoy the

right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed

which district shall have been previously ascertained by law,

and to be informed of the _____________________________________________________________________________________________________________

to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his

favor, and to have the ____________________________________________ for

his defense

6th Amendment - 2 _____________________________________________

Right to be informed of the nature and cause of the accusation

________________________________________________

Right to bring favorable witnesses

______________________________________________

8th Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted

SummaryThe End

References US Legal.com. Definitions

Bohn, Robert M. and Haley, Keith N. Introduction to Criminal Justice, (Columbus Ohio: The McGraw-Hill Companies) 2011, Chapter 3

US Constitution