 Stankiewicz

 What is the difference between Criminal and Civil Law?  What is the difference between substantive and procedural law?  What are the five features of “good” criminal laws?

 How is criminal law a political phenomenon?  What are the origins of American Criminal law?  What are your rights under the 4th, 5th, 6th and 8th Amendments to the US Constitution?

 What is Probable Cause?  What is a Warrant?  What is the Exclusionary Rule?

 Criminal  Civil

 Criminal law is the ___________________ ___________________ ___________________ defining the offences against the community at large  Criminal law ___________________ ___________________ ___________________

 Criminal law ________________________________  Criminal Law defines ______________________________________________ behavior  The law also provides the punishments for convicted offenders  The Criminal law of a political jurisdiction is called the __________________________________

 Tort o _______________________________________ o A civil wrong which unfairly causes someone else to suffer loss or harm resulting in legal liability for the person

 A means of _________________________________bet ween individuals  Includes ____________________ claims, the law of contracts and property and subjects such as _______________________ and the regulation of public utilities

 The body of law that defines __________________________________________________ __________________________________________________

 The body of law that governs the ways substantive laws are administered  AKA: ________________________

 5 features identify “good” criminal law 1. ____________________________________ 2. Specificity 3. Regularity 4. ____________________________________ 5. ____________________________________

 Refers to __________________________________________________ __________________________________________________  Only violations of ________________________________ are crimes  Violations of rules made other than by the state(family rules, church rules, etc.) may be considered bad or sinful, but are _______________________ because they are not prohibited by the state

 Refers to scope to the law  Criminal law should provide strict definition of specific acts it deems unlawful

Regularity = _____________________________ _____________________________, regardless of social status

 Uniformity refers to the way in which the criminal law is enforced ______________________________ ______________________________ ______________________________

 This principal states that violators will be punished or at least ______________________________ breaking the law

1. Punishment 2. ________________________________________ 3. Compensation 4. _________________________________________ 5. Treatment or Rehabilitation

 Purpose: o _______________________________________ o Provide retribution (“an eye for an eye”)  Focus: o ______________________________________

 Purpose: o Make victim “___________________________” by having offender directly of indirectly pay the victim  Focus: o ________________________________________

 Purpose: o Make victim “Whole again” by having the STATE directly of indirectly pay the victim  Focus: o Crime victim

 Purpose o _________________________________________________________ _________________________________________________________ _________________________________________________________  Focus o The entire community

 Purpose o _________________________________________ _________________________________________  Focus o ________________________________________

 Criminal law designed to regulate the behavior of others o ______________________________________________________ o Justinian’s Code o Roman Law o British Law Magna Carta  Some suggest promotes the values of some groups over others  Impressions?

 The US Constitution created __________________ and gave it lawmaking power  _______________________________ as well as similar amendments to state constitutions, describe procedural laws that dictate how substantive laws are to be administered  ____________________ on what can be defined as a crime

 Almost entirely a product of constitutional authority and the _________________________ bodies that enact them  Also _______________________________ or case law interpretation

 Federal Statutes o ________________________________  State Statutes o _____________________________________  Laws created by municipalities, such as city councils are called ordinances

 ________________________________ o A byproduct of decisions made by trial and appellate court judges whenever they render a decision in a particular case  ___________________: A decision that forms a potential basis for deciding outcomes of future cases  Stare Decisis: the principle of using _________________________________________ future decisions in court cases

 ____________ ____________ ____________  Found in Bill of __________

 The right of the people to be secure in their persons, houses, papers, and effects, against __________________________________________________ ___________________________________ shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized

 A _____________________________________, supported by circumstances sufficiently strong to justify a prudent and cautious person's belief that certain facts are probably true  Probable cause is the standard by which an officer or agent of ___________________________________________, to conduct a personal or property search, or to obtain a warrant for arrest, etc. when criminal charges are being considered  It is also used to refer to the standard to which a grand jury believes that _____________________________________

 Least certainty standard of proof  _________________________________________  With only Mere Suspicion, law enforcement cannot legally stop a suspect

 Standard of proof that is more than a gut feeling  _________________________________________________  With reasonable suspicion Law enforcement can stop and frisk a suspect  _____________________: A search for weapons by patting the outside of a suspects clothing for hard objects that might be weapons

 Evidence more likely than not outweighs the opposing evidence, or sufficient evidence to overcome doubt or speculation

 Standard of proof beyond ______________________________ ______________________________

 The standard of proof necessary to find a ______________________________ ______________________________

 Under the 4 th Amendment  Law enforcement must receive written permission from a court of law, or otherwise qualified magistrate, to lawfully search and seize evidence while investigating criminal activity  __________________________________________________ __________________________________________________

 A search or seizure is generally unreasonable and unconstitutional if conducted without a valid warrant and the police must obtain a warrant whenever practicable  _____________________________________________ without a warrant are not considered __________________ if one of the specifically-established and well-delineated exceptions to the warrant requirement applies

 Is a legal principle in the United States, under constitutional law  __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ for a criminal prosecution in a court of law

 No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation

 The __________________________________________ of the Fifth Amendment to the United States Constitution provides: "[N]or shall any person be subject for the same offense to be twice put in jeopardy of life or limb....“  __________________________________________________ __________________________________________________ against, for the same offense: o retrial after an acquittal; o retrial after a conviction; o retrial after certain mistrials; and o multiple punishment

 ___________________________________________  If ___________________ this is against the 5 th Amendment

 Confessions are inadmissible if obtained through _____________________________________ or  ______________________________________

 In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed  which district shall have been previously ascertained by law,  and to be informed of the _______________________________________________________ ______________________________________________________  to be confronted with the witnesses against him;  to have compulsory process for obtaining witnesses in his favor, and  to have the ____________________________________________ for his defense

 _____________________________________________  Right to be informed of the nature and cause of the accusation  ________________________________________________  Right to bring favorable witnesses  ______________________________________________

 Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted

 The End

 US Legal.com. Definitions  Bohn, Robert M. and Haley, Keith N. Introduction to Criminal Justice, (Columbus Ohio: The McGraw-Hill Companies) 2011, Chapter 3  US Constitution