Podcast
Questions and Answers
What is the primary distinction between criminal law and civil law?
What is the primary distinction between criminal law and civil law?
- Criminal law is always more severe than civil law.
- Civil law does not impose any penalties.
- Criminal law pertains solely to property crimes.
- Civil law involves monetary compensation, whereas criminal law results in community condemnation. (correct)
Which of the following best defines common law?
Which of the following best defines common law?
- Law derived primarily from statutes enacted by legislatures.
- Law created and refined by judges through court decisions. (correct)
- Law that is only applicable in the federal system.
- Law that has no historical precedent and is only based on current legislation.
What does the Model Penal Code primarily serve as?
What does the Model Penal Code primarily serve as?
- A federal mandate for all states to follow uniform criminal laws.
- The definitive source of constitutional criminal law.
- A guidebook that provides definitions and doctrines of crimes for different jurisdictions. (correct)
- A collection of judicial opinions on criminal law.
Which of the following is a limitation on criminal law?
Which of the following is a limitation on criminal law?
What principle is foundational to the burden of proof in criminal law?
What principle is foundational to the burden of proof in criminal law?
What is the essence of a 'crime' according to the principles laid out?
What is the essence of a 'crime' according to the principles laid out?
Where do most criminal lawyers in the U.S. begin their research on criminal law?
Where do most criminal lawyers in the U.S. begin their research on criminal law?
Which of the following statements about statutes is accurate?
Which of the following statements about statutes is accurate?
What is required by the Due Process Clauses of the Fifth and Fourteenth Amendments for a conviction?
What is required by the Due Process Clauses of the Fifth and Fourteenth Amendments for a conviction?
What does the Sixth Amendment guarantee in criminal prosecutions?
What does the Sixth Amendment guarantee in criminal prosecutions?
Which statement about jury nullification is accurate?
Which statement about jury nullification is accurate?
What is the primary goal of utilitarianism as a theory of punishment?
What is the primary goal of utilitarianism as a theory of punishment?
What is 'specific deterrence' in the context of punishment?
What is 'specific deterrence' in the context of punishment?
What does general deterrence aim to achieve?
What does general deterrence aim to achieve?
According to the principles of utilitarianism, when is the infliction of punishment considered undesirable?
According to the principles of utilitarianism, when is the infliction of punishment considered undesirable?
Why are jury verdicts required to be unanimous in criminal cases?
Why are jury verdicts required to be unanimous in criminal cases?
Flashcards are hidden until you start studying
Study Notes
Criminal Law Overview
- The key difference between a criminal and civil sanction is the judgment of community condemnation that accompanies and justifies the imposition of a criminal sanction.
- A "crime" should be limited to conduct that, if proven, will incur a formal and solemn pronouncement of the moral condemnation of the community.
- Laws are developed through common law, statutes, and the Model Penal Code.
- Common law is judge-made law, where British common law became American common law.
- Statutes are legislatively drafted definitions of crimes, defenses to crimes, and other relevant doctrines of criminal law that apply in specific jurisdictions.
- The Model Penal Code (MPC) was created in the 1950s and adopted by the American Law Institute. Portions have been adopted in many states.
Limits on Criminal Law
- Federal and state legislation is subject to the United States Constitution and the relevant state constitution
- The Constitution places strictures on criminal laws.
Proof and Trial
- The Due Process Clause of the Fifth and Fourteenth Amendments to the Constitution require that, to convict a defendant, the government must persuade the factfinder beyond a reasonable doubt of every fact (i.e., element) necessary to constitute the crime charged.
- The Sixth Amendment to the United States Constitution guarantees the right to a speedy and public trial by an impartial jury.
- This right is generally limited to prosecutions of crimes with a potential punishment exceeding six months of incarceration.
- Jury verdicts must be unanimous.
- Jury nullification occurs when a jury finds a defendant guilty but acquits them based on conscience. This is not a right for the jury and the defendant isn't entitled to have the jury instructed on this option.
Punishment Theories
- Two broad theories of punishment exist: utilitarianism and retribution.
- Utilitarianism seeks to augment the overall happiness of the community by preventing "mischief" (pain). The pain of punishment is undesirable unless it is likely to prevent a greater amount of pain in the form of future crime.
- There are different forms of utilitarianism: general deterrence, specific deterrence, and rehabilitation.
- General deterrence: Punishment is meant to send a message to others that crime doesn't pay.
- Specific deterrence: Punishment is meant to deter the individual from future criminal activity.
- Rehabilitation: The criminal law can prevent future crime by reforming an individual.
- Retribution: The defendant should be punished because they deserve it. It is a matter of justice to punish those who have committed offenses.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
