Chapter 2 textbook summary

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Woodsworth College Courses
Scot Wortley

the criminal law controls the formal definitioncontent of crime the law defines the BEH that society labels as criminal THE ORIGINS OF LAW recognized in many early SOC eg preliterate customtradition equivalent of lawcustoms developed into formalwritten lawsEARLY LEGAL CODESstcode of Hammurabi1 written criminal law Babylonia 2000 BC punishment based on PHY retaliation an eye for an eyelex talionis punishment depends on ur classlocal officials must replace lost property if doesnt apprehend criminals Mosaic codeIsrael 12oo BC contract between Godtribes of Israel in which they agreed to obey Gods law in return for careprotection The Roman lawmade as a response to the lower classes who believed an unwritten code gave unlimited power to the wealthyEARLY CRIME PUNISHMENTLAW dark ages early formal legal codes lost dominated superstitionfear of magic wergildmedieval law the money paid by offenders to compensate the victimthestate for a criminal offense monetary payments was the main punishment for crime guilt determined by ordeals oathhelpersmiddle ages Grs of 1225 PPL who would support the accused innocenceth late 18 C law controlled by lords who trialed cases according to local customsrule cruel penaltiesORIGINOF COMMON LAW loss of ancient legal codes resulted in laws being guided by superstitionlocal customs middle ages in ENG a common law developed that helped standardize lawjustice this common law became the foundation for CDNs legal systemCRIMECUSTOM crimes viewd as personal wrongs compensation paid to victims a scale of compensation for lesser injuries this scale became the precursor of the modernday criminal fineTHE NORMAN CONQUEST after The Norman C anglosaxon justice was administrated as it had been in previous C replaced local tribunals with royal administrators traveled in circuit holding court in each county a certain number of times per year stare decisis courts bound to follow the law established in pervious decided cases unless the law was noverruled by a higher authoritynd current ENG system of law came into existence during reign of Henry 2stth 1 jurors were like witnesses by 14 C jurors has become deciders of fact witnesses used to rebut chargesTHE COMMON LAW common law is meant to apply to people without regard to social differencesearly ENG law developed by judges that incorporated anglosaxon tribal customs feudal rulespracticesthe everyday rules of BEH of local villages Common law became the standardized law of the land in ENGeventually formed the basis of the criminal law in CDNUSA replaced laws in local jurisdictions is judgemade law case law derived from previously decided cases
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