1. Sources of Criminal Law Judicial Decisions and Customs Statues, Statutory law, Codified Constitutions Administrative Law ©

2. Common Law – Customs, Traditions, Judicial Decisions and other Material that guilds a court in decision making but have not been officially codified into law or constitution –Today used to interpret statutory law ©

3. Why have “LAWS”? Regulate behavior Social Control Squares v. Predators ©

4. Criminal v. Civil Compensation v. Penal Less Serious Penalties v. More Serious Penalties Pay v. Incarceration ©

5. Criminal v. Civil Criminal Law –The State prosecutes the case –Proof beyond a reasonable doubt –Incarceration, governmental monitoring, death penalty Civil Law = Lawsuit –Private party (you can sue anybody) –Preponderance of the evidence –Compensation or money damages ©

6. Civil Law How much, if at all, has the defendant injured the plaintiff. What remedy, if any, is appropriate to compensate plaintiff ©

7. Purposes of Criminal Law Retribution or revenge Incapacitation Deterrence Reformation or Rehabilitation Compensation Disproportionality ©

8. Criminal Law To what extent, if at all, has defendant injured society What sentence, if any, is necessary to punish the defendant. ©

9. Criminal Law and Morality Evil in themselvesevil only because the act is prohibited by society Sex act between consenting adults use of alcohol or other drugs, prostitution, gambling, carrying a concealed weapon. ©

10. Dual Court System Federal –US Constitution –US Code –Federal Case Law State –Illinois Constitution –ILCS –State Case Law ©

11. Terry v. Ohio 392 U.S. 1, 88 S.Ct. 1968

12. Miranda v. Arizona 384 U.S. 436 Miranda v. Arizona (No. 759) 98 Ariz. 18, 401 P.2d 721; 15 N.Y.2d 970, 207 N.E.2d 527; 16 N.Y.2d 614, 209 N.E.2d 110; 342 F.2d 684, reversed; 62 Cal.2d 571, 400 P.2d 97, affirmed

13. People v. Luedemann, No. 2-03- 1303 (IL 5/10/2005) (IL, 2005) People v. Luedemann, 293 Ill.Dec. 385, 828 N.E.2d 355, 357 Ill. App.3d 411 (IL, 2005) 828 N.E.2d 355