1. Rule of Legality
1.1. Conduct, even if immoral or harmful, is not a crime unless the law provides that it is a crime
1.1.1. "Nullum crimen sine lege"
1.1.1.1. No crime w/o law, no punishment w/o law
1.2. People are entitled to know what the laws are.
1.3. Causes three important coarollaries
1.3.1. (1) Criminal statutes must be understandable to reasonable law abiding persons
1.3.2. (2) Statutes should be written so as not to delegate basic policy matters to police, judges or juries on a subjective basis
1.3.3. (3) Judicial interpretation of a statute when ambiguous is biased in favor of the accused.
1.3.4. Rationale
1.3.4.1. Prevents vindictive and arbitrary use of the law
1.3.4.2. Enhances the individuals autonomy
1.3.4.3. Negates risk of retroactive punishment
1.3.4.4. Gives fair warning of the statutes effect and permits individuals to rely on meaning until explicitly changed.
2. Void for Vagueness Doctrine
2.1. Ambiguous statutes are narrow but upheld. Vague statutes, where men of common intelligence must guess at its meaning and differ as to its applications are unconstitutional.
3. Rule of Lenity
3.1. Statutory Interpretation Guidelines
3.2. When the language of the statute is clear and unambiguous there is no room for judicial construction and the courts must give the statute its plain and definite meaning
3.2.1. First, ascertain the intent of legistlature.
3.2.1.1. use appropriate means and indicia and statutes concerning same material or subject etc.
3.2.2. If unable to determine, then move to the interpretation from the common law basis
3.3. Must be interpreted in favor of the Defendant
4. Corpus Delecti
4.1. The body of the crime. Refers to the requirement that nesessecary elements of a crime must be proven before an individual can be convicted of the crime.
4.2. Every crime has 3 Essential components
4.2.1. The occurrence of the specific kind of injury or loss
4.2.2. someone's criminality is the source of the injury or loss
4.2.3. the accused's identity as the doer of the criminal act
4.3. Proven using direct or circumstantial evidence.
4.3.1. Direct: Evidence with directly proves a given fact
4.3.2. Circumstantial: Evidence that is a chain of circumstances that indirectly prove a fact
4.4. Designed to protect the defendant from potential coercion or distress during confessions.
4.4.1. At the very least, there must be established independent of any confession or admission by the accused, the fact of death and that it resulted from the original agency of another an not from natural causes.
5. Parties in the Criminal Process
5.1. Prosecution
5.1.1. Represents the state. (Unlike civil suits, society is always the victim of a criminal suit)
5.1.2. Goals:
5.1.2.1. ALways represent society to the best of their ability
5.1.2.2. Ensures law enforcement does its due dilligence
5.1.2.3. Follows the Crime Victims's Rights Act
5.2. Defense
5.2.1. Represents the accused
5.2.2. Goals:
5.2.2.1. Zealous representation of the client and only the client's interests
5.2.2.2. Have to protray non judgment to the client.
5.2.2.3. Unwritten Goals
5.2.2.3.1. To only take the interests of the client, even if they are not PAYING.
5.2.2.3.2. Inform the client not to talk to ANYONE including family
5.2.2.3.3. Tell the client to always tell you the truth. Best way to zealously represent is to get honest answers to your questions.
5.3. Juries
5.3.1. In FELONY Trials
5.3.1.1. 12 persons who must reach a unanimous verdict to convict or aquit
5.3.1.1.1. Some jurisdictions allow for fewer and majority votes
5.3.1.1.2. pool of persons must constitute a cross section of the community
5.3.2. The right to trial by jury is fundamental to the American Scheme of Justice
5.3.2.1. All Criminal proceedings are with Juries. (state and federal levels)
5.3.2.2. Exception: Petty Crimes w/ sentences less than 6 months
5.3.3. Nullification
5.3.3.1. Allows a jury to vote not guilty when they feel the defendant has been published enough
5.3.3.1.1. Typically has the power but not the right to use (based on jury instructions or laws in the state)
6. Steps in the Criminal Process
6.1. Crime
6.2. Police Report is made and investigated
6.3. prosecutor will review the case and if needed issue a warrant
6.4. The judge will then review the warrant, if approved
6.5. Suspect is arrested
6.6. Preliminary hearing occurs, where both parties fight to suppress or include evidence
6.7. Trial/Settling
6.8. Post-Trial (sentencing, Appeal process begins)
7. Crime Defined:
7.1. Any act or omission and it's accompanying state of mind, which, if shown, incurs a formal pronouncement of moral condemnation.
8. Burden of Proof
8.1. Prosecutor must persuade fact finder "Beyond a reasonable doubt of every fact necessary to constitute the crime"
8.1.1. Presumption of Innocence (prosecution holds the burden of disproving)
8.2. Two Factors: Burden of producing the evidence and Burden of persuading the fact-finder
8.3. Elements: Must be proven by the prosecutor to avoid directed verdict
8.4. Defenses: Defendant holds the burden of proving the defense's applicability to the offense
9. Doctrine of Proportionality
9.1. A person is not justified in using force against another unless it is proportional or reasonable in relation to the harm threatened or the interest being furthered
9.2. May also be asserted in the context of appropriate sentencing to ensure punishment is equal to the harm committed
9.3. Utilitarian Principles
9.3.1. Punishment must be greater than the profit of committing the offense
9.3.2. Greater offenses=greater puinishment
9.3.3. Directs lawmakers to grade offenses such that a person would choose the less mischievous crime because greater offenses punishment is greater than the lesser
9.3.4. Punishment should be set to induce no more mischief than necessary to one's purpose
9.3.5. Punishment out to be more than what is necessary to bring the act into conformity with the first four principles
9.4. Retributivism Principles
9.4.1. Punishment must be proportional to the offense taking into consideration both the harm caused by the offender and the wrongdoers degree of moral desert for having caused it.
9.4.1.1. Lex Talionis- The infliction upon wrongdoer is same injury he has caused the victim
9.4.1.1.1. REJECTED BY MODERN THEORY
9.4.1.1.2. Only requires symbolic Repayment of debt owed by undergoing reasonably proportional punishment to the gravity of the offense
9.5. Constitutional Requirement
9.5.1. 8th ammendment prohibits the infliction of cruel and unusual punishment by federal gov.
9.5.1.1. Death Penalty was found grossly in-proportionate to the rape of adult women or children
9.5.2. Terms of imprisonment
9.5.2.1. Vary case-by-case