Summary

Summary Criminal Law

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Course
Criminal Law

Institution
Criminal Law

Chaney v. State (1970) - "Significant punishment in the sentencing phase of a criminal trial shows the victim that the punishment equals the crime." Torts - Private wrongs for which you can sue the party who wronged you and recover money The Prosectuion - Who has the burden of proof regardi...

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Uploaded on August 4, 2023
Number of pages 17
Written in 2023/2024
Type Summary

criminal law
llb
law
common law
chaney v state 1970

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Criminal Law

Chaney v. State (1970) - "Significant punishment in the sentencing phase of a criminal trial shows the
victim that the punishment equals the crime."

Torts - Private wrongs for which you can sue the party who wronged you and recover money

The Prosectuion - Who has the burden of proof regarding criminal conduct?

Felony - An offense which is punishable by one year or more in a state prison

hedonism - What thought process says that human beings seek pleasure and avoid pain?

Beyond a reasonable doubt - To obtain a conviction, the prosecution must prove every element of the
offense

retribution - Theory of crime that focuses on an "eye for and eye" mentality and emphasizes on getting
even

discretionary - The police decision to investigate or not is and example of what kind of decision making?

Jeremy Bentham - Formulated the theory that rational human beings wont commit crimes if they know
that the pain of punishment outweighs the pleasure they hope to get from committing the crime

Rehabilitation Theory - The assumption that forces beyond the offender's control cause them to commit
crimes and experts using the correct therapy can reform criminals.

General part of criminal law - What part of criminal law consists of principles that apply to more than
one crime?

,special part of criminal law - What part of criminal law defines specific crimes and arranges them into
groups according to subject matter?

Beyond reasonable doubt - What is the highest standard of proof known to law

Discretionary decision making - When professionals make judgments bases on their training, their
experience, and unwritten rules

indeterminate sentencing laws - Sentencing laws that make prison release dependent on rehabilitation
are called

Mala prohibitia crimes include - Parking tickets, drinking in public, loitering

Administrative crimes - are a rapidly growing source of law

Holding - The legal rule the court has decided to apply to the facts of the cases is called

upheld - if an appellate court affirms the decision of the court immediately below, this means that the
lower court's decision is...

common law - the original source of law

legislatures - Who did legal reformers believe should make laws

Clarification and simplificaiton - What are some of the reasons that the American Law Institute created
the Model Penal Code

The principle of legality - According to what principle must there be a specific law defining a crime and
setting out the punishment before a person can be punished for that crime?

, ex post facto law - what is the name of a law that criminalizes an act that was innocent when it was
committed?

void-for-vagueness - Doctrine concerned with giving individuals fair notice of what is criminal and
preventing arbitrary or discriminatory enforcement of laws

The Fifth and Fourteenth Amendments - Which amendments to the Constitution resulted in the void-
for- vagueness doctrine?

The Fourteenth Amendment - Which amendment to the Constitution requires that states provide equal
protection of the law?

The Fourteenth Amendment - Which Amendment to the Constitution contains the Equal Protection
Clause?

Right to freedom from unreasonable search and seizure - Fourteenth Amendment

Apprendi v New Jersey (2000) - The US Supreme Court took a "hands off" approach to sentencing
procedures until what case?

obscenity - What name is given to offensive, sexually explicit material that is not protected by the First
Amendment?

Bench Trial - A trial without a jury

An unacceptable chilling effect - The void-for-overbreadth doctrine invalidates laws that have what
effect on protected expression?

Which is protected by the First Amendment? - Flag burning as a political protest

A fundamental right - According to Griswold v Connecticut (1965), which of the following describes the
constitutional right privacy?

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