CJ 3551 Midterm: Crim Law section 1
Document Summary
Common law: law known through judicial systems that was transmitted throughout the land: felonies and misdemeanors, but the victim had to bring the offender to justice, most early crimes based on religion. Asulearn handout laws and liberties of massachusetts . Punishments included shaming, mutilation, branding, death, etc: things begin to change in modern times (1800s) for three reasons: Creation of police forces, especially in larger cities. Rise of economically motivated crimes: today crimes created through legally authorized bodies. Characteristics of modern criminal law: adequate and fair warning. Society must know the laws and punishments that are in place: called legality; nulla piena sine lege no punishment without law, laws that fail this test will likely be struck down, actus reus- guilty act . Some action required for criminal liability: mens rea- guilty mind . An act and intent must cause harm to a protected person, place, or thing: proportionality. Punishment must be proportional to the crime.