Criminal Law Chapter 1

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1.

Criminal Procedure

Includes many rules and statues designed to set out and regulate the steps that are followed from the criminal incident through punishments and release of the offender. The professional and scientific discipline directed to the recognition, identification, individualization, and evaluation of physical evidence by application of the natural sciences. Sociological and psychological study of the causes of crime, the control of crime, and the conditions under which criminal law developed. All people must be treated the same in the enactment and enforcement of the law. 1. Can't make a criminal law retroactive 2. Can't aggravate a crime retroactively 3. Can't increase the possible penalty retroactively 4. Can't alter the rules of evidence and permit conviction on less or different evidence/testimony than the law required at the time of the commission of the offense. 1. Prohibits statutes that are so broad- that prohibit so much, that they violate constitutional guarantees. 2. That statutes are such that their objectives may be permissible but the objectives could be met by less drastic and less restrictive means. Judicial rule that the courts are bound by the law to read the law in the most narrow form. 1. Cannot punish a person for what he/she is- his/her status. 2. May only punish a person for what he/she does. The standards of conduct that the society and community require for the protection of the community as a whole. 1. A law is void if on its face it is so vague that those of common intelligence must guess at its meaning and would differ as to its application. 2. A statue must use clear and precise language and it must give fair and adequate notice as to the conduct that is forbidden. A. Ex post Facto laws B. Void for vagueness doctrine C. Status crimes D. Overbreadth E. Equal protection of the law

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Criminalistics

What are the four subfields of criminal law? What are the limitations of police power (3 hurdles)

A. Substantive Criminal Law B. Criminal Procedure C. Criminology D. Criminalistics State must show: A. The regulation falls in the area of public health, public safety and/or public morals. B. A compelling public need to regulate this particular behavior. C. The law does not infringe on constitutional rights. A criminal wrong doing. Punishment is prescribed by the statute. A civil wrongdoing. Punishment is monetary with compensatory and punitive damages. Also known as English common law, originate from England. Was used to serve the king, where the king would send out judges who rode circuits to settle disputes among people. A. The rules of conduct that forbid specific acts, and in some instances require specific acts. B. The area of study that investigates what is a crime, and what needs to be proved to show that a crime has been committed. A. Maintain the public order and public protection. B. To protect citizens from governmental intrusions. 1. Common Law 2. Statues 3. 3 branches of government

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Criminology

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Equal Protection of the Law Ex Post Facto Laws

What is a crime? What is a tort? What is common law?

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What is criminal law?

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Overbreadth

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What is the purpose of criminal law? Where do crimes come from?

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Rule of Strict Construction Status Crime

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Substantive Criminal Law Void for Vagueness Doctrine

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What are the defenses for constitutional limitations?