Exam (elaborations)
Criminal Law And Procedure An Overview 4th Edition by Ronald J. Bacigal - Study Guide
- Module
- Criminal Law
- Institution
- Criminal Law
Criminal Law And Procedure An Overview 4th Edition by Ronald J. Bacigal - Study Guide
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,CHAPTER 1: DEFINING AND PROVING CRIMESCriminal law seeks to punish those members of society who violate our criminal laws, which
have been designed to benefit all of society. Within our system, the government is the only
entity that can use physical force (death penalty and imprisonment) to coerce people into
behaving as society wants them to behave.
This chapter discusses the different forms of punishment, the sources of our laws, and how
crimes are proven at trial. After reviewing this chapter, some of the differences between
criminal law and civil law will become apparent.
LEARNING OBJECTIVES
Once you have finished this chapter, you should be able to:
Explain the differences between criminal law and civil law.
Outline some of society’s goals in handling and administering certain types of punishments
for crimes.
Identify the ways crimes are created by the government.
Discuss common law and its continuing impact on the American legal system.
Identify the prosecution’s burden of proof.
Discuss the role of a judge in a jury trial.
OUTLINE
I. The Purposes of Criminal Law
A. The purpose of criminal law differs from that of civil law. In criminal law, the purpose is
to punish the wrongdoer; in civil law, the most common purpose is to compensate the
victim.
B. Theories of punishment
1. Incapacitation/restraint—restraining criminals in prison or executing criminals so
they cannot commit crimes in the future
2. Specific deterrence—punishing a criminal to deter that person from committing
future crimes
3. General deterrence—punishing a criminal to deter others from committing crimes
4. Rehabilitation—forcing a criminal to undergo some form of social education or
reconditioning to prevent future crime
5. Retribution—vindicating a wrong; the public relies on the legal system to vindicate
wrongs, which lessens the desire for private revenge
II. The Sources of Criminal Law
A. Common law—judge-made law that defines crimes and establishes the rules of
criminal responsibility according to custom and tradition
1. Precedent—court decision is binding on all future cases before the same court and
lower courts
Copyright © 2015 Cengage Learning ®. All Rights Reserved. 1
,2 CHAPTER 1
a. Stare decisis—court should follow established precedents and not disturb
settled principles
2. Judicial activism—judges interpret the law to achieve appropriate social goals
3. Judicial restraint—judges view judicial power as strictly limited by the separation
of powers doctrine and precedent found in earlier case decisions
B. Model Penal Code—a suggested model for enactment and interpretation of criminal
law; the Model Penal Code is not the law unless adopted and enacted by legislature
C. Statutory law—criminal codes passed by legislature that define crimes
1. Legislative intent—the purpose for which legislators enact a particular statute
2. Vagueness doctrine—holds that any statute is unconstitutional when citizens
“must necessarily guess at its meaning and differ as to its application”
D. Administrative regulations—regulations promulgated by administrative agencies that
may identify certain conduct as criminal
1. Vagueness doctrine applies to administrative regulations as well as statutes
E. Constitutional limitations—certain provisions of the U.S. Constitution limit the
legislative power to create crimes, guarantee procedural fairness to criminal
defendants, or limit the government’s power to prohibit and punish certain conduct
1. Bills of attainder—legislative acts that convict an individual of a crime
2. Ex post facto laws—laws that retroactively make innocent conduct illegal, increase
the punishment for a criminal act, or decrease the standard of proof required for a
conviction
III. Proving the Crime
A. The prosecution must prove that a specific crime occurred and that the defendant
committed the crime
B. The prosecution presents evidence, then the defendant presents evidence, and then the
factfinder (jury or judge) decides whose presentation of facts is legally persuasive
1. Jury trial—the jury determines the facts, and the judge determines the law
2. Bench trial—the judge determines the facts and the law
C. Burden of proof—a criminal defendant is presumed to be innocent
1. The prosecution bears the burden of proving beyond a reasonable doubt all facts
necessary to constitute the crime
a. Proof beyond a reasonable doubt—proof that excludes every reasonable
hypothesis except guilt; proof that excludes every reasonable possibility of
innocence; or proof to a moral certainty
Copyright © 2015 Cengage Learning ®. All Rights Reserved.
, Defining and Proving Crimes 3
2. Corpus delicti—the body of the crime; the fact that a crime has been committed
3. Directed verdict of acquittal—the trial judge may enter an acquittal whenever a
rational jury must conclude that the prosecution failed to prove guilt beyond a
reasonable doubt
4. Ultimate issue—the question of whether the defendant is guilty or not guilty of the
crime
D. Burden of proof on subordinate issues
1. Affirmative defense—the defendant admits committing the acts charged but seeks
to justify or excuse his or her conduct by establishing additional facts
2. Preponderance of the evidence—the standard of proof usually required to
establish an affirmative defense; asks the jury to determine whether more likely
than not (more than 50 percent) the facts support the affirmative defense
3. Prima facie evidence—a relatively low standard merely requiring that the
defendant offer some plausible evidence of the defendant’s claim
4. Clear and convincing evidence—higher standard than preponderance but lower
than beyond a reasonable doubt
E. Presumptions and permissible inferences
1. Presumption—a fact that must be inferred (presumed) on the basis of certain
predicate facts that have been proved
2. Permissive inference—a possible conclusion that may be drawn but is not
required if certain predicate facts are proved
KEY TERMS
affirmative defenses legislative intent
bench trial Model Penal Code
bills of attainder permissive inference
burden of proof precedent
clear and convincing evidence preponderance of the evidence
common law presumption
corpus delicti prima facie evidence
directed verdict of acquittal proof beyond a reasonable doubt
ex post facto laws stare decisis
judicial activism ultimate issue
judicial restraint vagueness doctrine
Copyright © 2015 Cengage Learning ®. All Rights Reserved.
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