CJ 297: Criminal Law Mount Mercy University  Constitutions  Statutory Law  Administrative Law  Case Law 2.

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Presentation transcript:

CJ 297: Criminal Law Mount Mercy University

 Constitutions  Statutory Law  Administrative Law  Case Law 2

 U.S. Constitution  Basic legal principles/foundation  Criminal laws cannot violate  State Constitutions  Mirror U.S. Constitution  Cannot contradict U.S. Constitution  Can grant greater individual rights 3

 Written  Compiled in Codes  U.S. Code  State Codes  Local Codes  Statute must be violated 4

 Legislature delegates authority  Specialization  Examples 5

 Written decisions of judges (appeals)  Hierarchy & stare decisis  Interpret laws  Ensure statutes don’t violate constitutions 6

 Two-tiered system of government  National (federal)  States 7

 Why is it important to criminal law?  Criminal law left to States  A few national exceptions Crimes at sea, on waterways Crimes on federal property Crimes that cross state boundaries 8

 Federal Court Structure 9 Federal Courts U.S. Supreme Court  Appeals Court  District Court/Trial level State Courts State Supreme Courts  Appeals Court  District Court/Trial level

 Grounds for Appeal  Legal Error  Appeals make Case Law 10

 Hierarchy  Stare decisis  Exception: Overrule Plessy v. Ferguson (1896): separate but equal Brown v. Board of Education (1954) Bowers v. Hardwick (1986): sodomy v. privacy Lawrence & Garner v. Texas (2003) 11

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