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Chapter 1
What is Law? -Jurisprudenceàstudy of law / legal philosophy -Law: rules and regulations made and enforced by government that regulate the conduct of people within a society
Law and Values -The nature of crime -What is a crime? -Conflict between good and evil? -Manifestation of spiritual depravity? -A sin? -Violation of accepted set of rules? -Natural law -Laws reflect values of society -Murder is immoral -Not everything that is immoral is illegal -Lying to a friend -Not everything that is illegal is immoral -Betting on Super Bowl -7 goals of our legal system -Protect basic human rights -Promote fairness -Resolve conflicts -Promote order/stability -Represent will of majority -Protect minority rights -(Problem 1.2 page 6) -Some laws may appear to conflict with multiple goals -Affirmative action -Difficult to balance rights with responsibilities -Laws can be based on moral, economic, political, or social values (or a combination of them) -(Problem 1.3 page 8)
Why People Commit Crime -Several different theories explain criminal behavior -Just theories -Reality is probably pieces of each theory -Natural explanations -Nondeterministic (Choice theory) -Person has free will and chooses what s/he does -Looks at risks and rewards -Deterministic -There are certain influences beyond one’s free will -Hamper one’s free will -Biological/Biochemistry -Criminal behavior is the result of genetics -XYY Chromosome -Some men have extra “Y” chromosome -In 1960s, people with this were thought to be more aggressive -Not true -Psychology/Mental deficiency/Intelligence -Low IQ = more criminal behavior -Personality traits -Various personalities could explain criminal behavior -Certain “criminal” traits could be identified and observed -Conflict Theory/Radical (Marxist Theory) -Society’s capitalistic society exploits workers -Workers turn to crime -Control/Learning/Cultural Deviance -Subculture exists w/in society; condones antisocial behavior -Strain Theory -Opportunities are blocked for lower class -Resort to crime to achieve more -Ecology/Social Bonding -Those who have good surroundings will not deviate -Labeling -As a person goes through “system”, labeled as deviant -Label sticks -Other -Peacemaking -Feminist -Postmodern
Crime as a Legal Construct -Legal definition -Intentional act or omission in violation of criminal law committed w/o defense or justification and sanctioned by the state as a felony or misdemeanor -Breaking it down -“Act or omission” -For a crime to occur, an act or the omission of an act is required -Can’t be punished for thinking of a crime -Can be punished for planning a crime -Conspiracy -Collaboration in a crime -Omission of an act can be a crime -Sick child -Concealing a felony (not notifying police of a crime) -Misprison of felony -“Intentional” (criminal intent) -Must have “mens rea”—criminal intent (“guilty mind”) -Person is aware of right and wrong and intends to violate the law -Specific -Offended consciously desired the result -General -Conscious wrongdoing from which a prohibited result follows, even in the absence of a desire for that particular result -“Violation of criminal law” -Offenses committed against the safety and order of the state -Not civil law (body of principles that determines private rights and liabilities) -3 types -Statutory law -Law enacted by legislature -Case law -Law resulting from court interpretations of statutory laws -Common law -Customs, traditions, etc. that guide courts in decision-making but have not been made statutes -“Defense or justification” -Causes, rights of action, that serve to excuse or mitigate guilt in a criminal offense -Insanity -M’Naghten Rule (right or wrong) -Durham Rule Mistake of law/fact, duress and consent, entrapment, justification -Does not include: customs, religious practices, intoxication -“Law sanctioned by the state” -Specific, written laws -“Felony and misdemeanor” -FelonyàSerious crime punishable by death or by imprisonment of 1+ years -Misdemeanorà Minor offense punishable by small fine or >1 year in local jail
Human Rights -Human rights: rights people have just because they’re human -Universal Declaration of Human Rights (1948) (600-07) -(Problem 1.5 page 11)
Balancing Rights with Responsibilities -If you want jury trial, must be willing to serve on jury -If you want good school board, must run and/or vote -(Problem 1.6 page 13)
Kinds of Laws -Criminal -Regulate public conduct; set out duties -Criminal action is brought by the government -Penalties can be imprisonment, fines -Two types -Felonyàpenalty <1 year imprisonment -Misdemeanoràpenalty >1 year imprisonment -Civil -Regulate relations between people -Civil action is brought about by a person -Penalties can be money -Someone who is accused of crimeàdefendant -Someone who does the accusingàplaintiff -Prosecutor is the lawyer trying to prove guilt -Criminal caseàbeyond reasonable doubt -Civil caseàPreponderance of the evidence (80-90%)
Constitutional Framework -Constitution highest law of the land -Limited government -National govt does not have unlimited powers -Separation of powers -Executive branch (enforces lawàprosecution) -Congress passes laws (aka statutes) -Checks and balances -Judicial review -Federalism -Bill of Rights (p. 587) -Forbids the government from… |