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Chapter One - CL

Criminal Law and Criminal Punishment

TermDefinition
Felony classification of crimes that is punishable by possibly one or more years in prison
Misdemeanor most common crimes committed in U.S.; punishable up to 11 months, 29 days
Malum in se immoral by nature (everyone knows it is unethical); crimes like murder, rape, etc.
Malum Prohibitum illegal because law says it is a crime; victimless crimes
Status Crimes just juvenile offenders (truancy, underage smoking)
General Law principles that apply to more than one law (attempted carjacking, accomplice of carjacking)
Special (Specific) Law each specific law has its own elements that define whether you have violated that law (carjacking)
Retribution Theory of Punishment punishment because of revenge or payback
Prevention Theory of Punishment Punishment in order to prevent crime through deterrence, rehab, or incapacitation
Deterrence steering people or offender away from committing the crime
rehab changing individuals so that they do not have the desire to commit the crime again
Incapacitation taking individual out of society completely
social reality of U.S. criminal law the dual nature of U.S. criminal law divided into two categories: a small number of serious, core offenses and a large number of lesser crimes, or "everything else"
criminal law imagination the contributions of law, history, philosophy, the social sciences, and sometimes biology to explain the moral desires we wish to impose on the world
felonies against persons murder, manslaughter, rape, kidnapping, robbery, etc.
felonies against property felony theft, robbery, arson, and burglary
hard punishment a sentence of one year or more in prison
carceral jail and prison
punishment imagination crimes that fit within the criminal law imagination and that the law should punish by locking people up
police power all federal, state, and local governments' executive, legislative, and judiciary's power, including uniformed police officers, to carry out and enforce the criminal law
Sir William Blackstone wrote the "Commentaries on the Laws of England"; believed the King held all the police power
torts noncriminal wrongs; private wrongs for which you can sue the party who wronged you
compensatory damages damages recovered by tort plaintiffs for their actual injuries
punitive damages damages recovered by tort plaintiffs to punish the defendant for their "evil behavior"
state criminal codes criminal law created by elected representatives in state legislatures
municipal codes criminal law created by city and town councils elected by city residents
U.S. criminal code criminal law created by the U.S. congress
administrative agencies appointed participants in creating criminal law that assist the U.S. Congress
criminal court opinions create criminal law by interpreting state and municipal criminal codes
criminal law enforcement agencies create criminal law through informal discretionary law making to decide how the criminal law process works on a day-to-day basis
codified written definitions of crimes and punishment enacted by legislatures and published
Model Penal Code (MPC) proposed criminal code drafted by the American Law Institute and used to reform criminal codes
Criminal Liability conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests
federal system 52 criminal codes, one for each of the 50 states, one for the District of Columbia, and one for the U.S. criminal code
punishment Intentionally inflicting pain or other unpleasant consequences on another person
criminal punishment penalties that meet four criteria: 1) inflict pain or other unpleasant consequences 2) prescribe a punishment in the same law that defines the crime 3) administered intentionally 4) administered by the state
Culpability only someone who intends to harm his/her victim deserves punishment; accidents do not qualify
justice depends on culpability; only those who deserve punishment ought to receive it
"medical model" of criminal law views perpetrators as having a "disease" that must be "cured"
Created by: ehubbard21
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