CJ 3551 Lecture 4: CJ 3551 notes Lecture 4

• School: App State
• Department: Criminal Justice
• Course: CJ 3551
• Professor: Marian Williams

Document Summary

Limitations on criminal law: states cannot regulate behavior already regulated by federal government. Any overlap is dealt with by federal govt: must not intrude on constitutional rights unless compelling reason, clearly written and provide notice, non-discriminatory. Basic concepts of criminal law: substantive law. Statutory rules that declare what conduct is criminal and what punishment may be imposed for violation. There are state, lo(cid:272)al, a(cid:374)d federal go(cid:448)"t, (cid:271)ut (cid:449)e are (cid:373)ostly affected by local and state actions. Everyday lives impacted by local and state laws: speed, smoking in restaurants. Precision- need to clearly distinguish what behavior is criminal and what is not. Overbreadth- cannot prohibit so many behaviors that is becomes unenforceable. Usually based on court interpretations of how law will be enforced and administrated: comes from courts. Federal courts typically responsible for ensuring other entities abide by procedural law. Fairness- not making it difficult for individuals to defend themselves. Equality- everyone must be treated similarly, given equal protections.