CJ 2501 Lecture Notes - Lecture 1: Code Of Law
21 Jan 2016
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Similarities: backed by law, most crimes are torts, enforces rules, regulates behaviors. *** judges used to have freedom, now they don"t. Mala in se inherently evil, wrong in itself. Mala prohibita wrong because we say so: eg. Felony punishable by death or 1 year to life in prison. Misdemeanor punishable by less than a year or a fine. ***classifications of both are dependent on the state. Significance of differences- longer sentences for repeat felons; felons lose right to vote, need to show up for trials, can"t get licenses. General apply to more than one crime e. g. elements, concept of complicity, inchoate crimes (attempt, conspiracy, solicitation), justification and excuse. Special definitions of specific crimes, divided into 4 groups against: persons, property, public order, or state. Common law community customs and traditions, unwritten, evolved from early decision, brought over from england, codified, retain original names, murder, burglary, etc.
