CRIM 101 Lecture Notes - Lecture 5: Murder, Khat, Embezzlement
12 Oct 2015
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Document Summary
Substantive criminal law- defines what types of conduct are criminal and prescribes the penalties to be imposed for engagement in that conduct. Procedural criminal law- involves the rules designed to implement the substantive law; concerned with the criminal process, the legal steps through which an accused offender passes. Federal, state, county, city regulatory agency rules and regulations. A crime is an act or an omission prohibited by law, the violation of which is prosecuted by the state in a judicial proceeding in its own name. It is a public wrong distinguished from a private wrong. Actus reus: commission- movement, verbal, possession, omission- failure to act when had a legal duty to do so, writ of demurrer- filed by the defense arguing that the defendant did not commit the crime (self-defense) Insanity- lacks the capacity to appreciate the wrongfulness of their conduct: under the influence of alcohol- voluntariness is the key.
