1.  Stankiewicz

2.  What is the difference between Criminal and Civil Law?  What is the difference between substantive and procedural law?  What are the five features of “good” criminal laws?

3.  How is criminal law a political phenomenon?  What are the origins of American Criminal law?  What are your rights under the 4th, 5th, 6th and 8th Amendments to the US Constitution?

4.  What is Probable Cause?  What is a Warrant?  What is the Exclusionary Rule?

5.  Criminal  Civil

6.  Criminal law is the ___________________ ___________________ ___________________ defining the offences against the community at large  Criminal law ___________________ ___________________ ___________________

7.  Criminal law ________________________________  Criminal Law defines ______________________________________________ behavior  The law also provides the punishments for convicted offenders  The Criminal law of a political jurisdiction is called the __________________________________

8.  Tort o _______________________________________ o A civil wrong which unfairly causes someone else to suffer loss or harm resulting in legal liability for the person

9.  A means of _________________________________bet ween individuals  Includes ____________________ claims, the law of contracts and property and subjects such as _______________________ and the regulation of public utilities

10.  The body of law that defines __________________________________________________ __________________________________________________

11.  The body of law that governs the ways substantive laws are administered  AKA: ________________________

12.  5 features identify “good” criminal law 1. ____________________________________ 2. Specificity 3. Regularity 4. ____________________________________ 5. ____________________________________

13.  Refers to __________________________________________________ __________________________________________________  Only violations of ________________________________ are crimes  Violations of rules made other than by the state(family rules, church rules, etc.) may be considered bad or sinful, but are _______________________ because they are not prohibited by the state

14.  Refers to scope to the law  Criminal law should provide strict definition of specific acts it deems unlawful

15. Regularity = _____________________________ _____________________________, regardless of social status

16.  Uniformity refers to the way in which the criminal law is enforced ______________________________ ______________________________ ______________________________

17.  This principal states that violators will be punished or at least ______________________________ breaking the law

18. 1. Punishment 2. ________________________________________ 3. Compensation 4. _________________________________________ 5. Treatment or Rehabilitation

19.  Purpose: o _______________________________________ o Provide retribution (“an eye for an eye”)  Focus: o ______________________________________

20.  Purpose: o Make victim “___________________________” by having offender directly of indirectly pay the victim  Focus: o ________________________________________

21.  Purpose: o Make victim “Whole again” by having the STATE directly of indirectly pay the victim  Focus: o Crime victim

22.  Purpose o _________________________________________________________ _________________________________________________________ _________________________________________________________  Focus o The entire community

23.  Purpose o _________________________________________ _________________________________________  Focus o ________________________________________

24.  Criminal law designed to regulate the behavior of others o ______________________________________________________ o Justinian’s Code o Roman Law o British Law Magna Carta  Some suggest promotes the values of some groups over others  Impressions?

25.  The US Constitution created __________________ and gave it lawmaking power  _______________________________ as well as similar amendments to state constitutions, describe procedural laws that dictate how substantive laws are to be administered  ____________________ on what can be defined as a crime

26.  Almost entirely a product of constitutional authority and the _________________________ bodies that enact them  Also _______________________________ or case law interpretation

27.  Federal Statutes o ________________________________  State Statutes o _____________________________________  Laws created by municipalities, such as city councils are called ordinances

28.  ________________________________ o A byproduct of decisions made by trial and appellate court judges whenever they render a decision in a particular case  ___________________: A decision that forms a potential basis for deciding outcomes of future cases  Stare Decisis: the principle of using _________________________________________ future decisions in court cases

29.  ____________ ____________ ____________  Found in Bill of __________

30.  The right of the people to be secure in their persons, houses, papers, and effects, against __________________________________________________ ___________________________________ shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized

31.  A _____________________________________, supported by circumstances sufficiently strong to justify a prudent and cautious person's belief that certain facts are probably true  Probable cause is the standard by which an officer or agent of ___________________________________________, to conduct a personal or property search, or to obtain a warrant for arrest, etc. when criminal charges are being considered  It is also used to refer to the standard to which a grand jury believes that _____________________________________

32.  Least certainty standard of proof  _________________________________________  With only Mere Suspicion, law enforcement cannot legally stop a suspect

33.  Standard of proof that is more than a gut feeling  _________________________________________________  With reasonable suspicion Law enforcement can stop and frisk a suspect  _____________________: A search for weapons by patting the outside of a suspects clothing for hard objects that might be weapons

34.  Evidence more likely than not outweighs the opposing evidence, or sufficient evidence to overcome doubt or speculation

35.  Standard of proof beyond ______________________________ ______________________________

36.  The standard of proof necessary to find a ______________________________ ______________________________

37.  Under the 4 th Amendment  Law enforcement must receive written permission from a court of law, or otherwise qualified magistrate, to lawfully search and seize evidence while investigating criminal activity  __________________________________________________ __________________________________________________

38.  A search or seizure is generally unreasonable and unconstitutional if conducted without a valid warrant and the police must obtain a warrant whenever practicable  _____________________________________________ without a warrant are not considered __________________ if one of the specifically-established and well-delineated exceptions to the warrant requirement applies

39.  Is a legal principle in the United States, under constitutional law  __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ for a criminal prosecution in a court of law

40.  No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation

42.  The __________________________________________ of the Fifth Amendment to the United States Constitution provides: "[N]or shall any person be subject for the same offense to be twice put in jeopardy of life or limb....“  __________________________________________________ __________________________________________________ against, for the same offense: o retrial after an acquittal; o retrial after a conviction; o retrial after certain mistrials; and o multiple punishment

43.  ___________________________________________  If ___________________ this is against the 5 th Amendment

44.  Confessions are inadmissible if obtained through _____________________________________ or  ______________________________________

45.  In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed  which district shall have been previously ascertained by law,  and to be informed of the _______________________________________________________ ______________________________________________________  to be confronted with the witnesses against him;  to have compulsory process for obtaining witnesses in his favor, and  to have the ____________________________________________ for his defense

46.  _____________________________________________  Right to be informed of the nature and cause of the accusation  ________________________________________________  Right to bring favorable witnesses  ______________________________________________

47.  Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted

48.  The End

49.  US Legal.com. Definitions  Bohn, Robert M. and Haley, Keith N. Introduction to Criminal Justice, (Columbus Ohio: The McGraw-Hill Companies) 2011, Chapter 3  US Constitution