Criminal Law and Procedure Chapter 2
Criminal Law and Procedure Chapter 2
Criminal Law and Procedure Chapter 2
o Early states all adopted common law and is part of their constitutions, but now
many have strayed away from it
o Can help fill in gaps left out by state legislatures, but also does away with idea
that if there is no statute there is no crime
Due Process Clauses: 5th and 14th amendment require that no person be deprived of life,
liberty, or property w/out having notice and a real chance to present his testimony
Statutory Law: legislatures dont have unlimited authority to create criminal law
Ordinances: laws of a local or city
o Enacted by city councils, apply only to acts occurring within the jurisdiction
o Cant conflict with state or federal law
Administrative Law:
o Social welfare agency: put government programs in effect
o Regulatory agency: oversee and regulate certain aspects
o Make more precise laws based on basic statutes provided by legislature
o Regulations: rules that are put out by local government agency
Court Rules: rules promulgated by the court, governing procedure or practice before it
o Fills gaps left by legislation
o Drafted by highest court in state and voted on by court or passed by legislation
Model Penal Code: a proposed criminal code prepared jointly by the Commission on
Uniform State Laws and the American Law Institute
o Purpose was to make laws uniform throughout states, not all have adopted it tho
Constitutional Law
o Doesnt define criminal activity, but has an impact on it
o Many state constitutions mirror federal, but can be interpreted to provide more
protection
REVIEW QUESTIONS
1. What are civil liberties? Give 2 ex of civil liberties that are protected by the Constitution
of the US.
2. What is the common law? How do the concepts of stare decisis and precedent relate to
the common law?
3. The common law is different in every state. Why?
4. What does the Latin phrase nullum crimen sine lege translate to? Explain its
significance.
5. Explain how the common law can violate the principle of legality.
6. State 3 uses the common law has in criminal law in those jurisdictions that do not permit
common law creation of crimes.
7. What is the source of most criminal law today? Where does that law come from?
8. What is an ordinance?
9. What is a regulation?
10. What is a court rule?
11. Place the following sources of law in order of authority, beginning with the highest form
of law and ending with the lowerst. Notice that both state and federal sources of law are
included: US Code, state constitutions, federal administrative regulations, ordinances, US
Constitution, state administrative regulations, state statutes.
REVIEW PROBLEMS
1. In theory, people can increase their freedom by establishing a govt and relinquishing
freedoms (civil liberties) to that govt. Explain why this paradox is true.
2. List the various purposes for punishing criminal law violators.
3. -6. Using your answers from 2, determine if the goals of punishment can be achieved if
prosecution is sought for the following acts:
3. John, having always wanted a guitar, stole one from a fellow students room while that
student was out.
4. Jack suffers from a physical disease of the mind that causes him to have violent episodes.
Jack has no way of knowing when the episodes will occur. However, the disease is
controllable with medication. Despite this, Jack often does not take the medicine, as he finds
the injections painful and inconvenient. One day, when he has not taken the medicine, Jack
had an episode and struck Mike, causing him personal injury.
5. Same facts as 4, except there is no treatment or medication that can control Jacks
behavior. He was diagnosed as having the disease years prior to striking Mike and has caused
such an injury before during a similar violent episode.
6. Unkown to Kevin, he is an epileptic. One day while he was driving his car, he suffered his
first seizure. The seizure caused him to lose control of his car and strike a pedestrian,
inflicting a fatal injury.