Criminal Theory, Procedure, and Constitutional Protections What

Criminal Theory, Procedure, And Constitutional Protections

What is Criminal Law?

Criminal law is the branch of the legal system that pertains to enforcing penal rules, laws, regulation, and codes that define conduct that is deemed by society to warrant punishment and that outlines the appropriate punishment for that conduct (Friedman, 2005).

What Are Ashworth's Five Principles of Criminal Law?

Legality, Responsibility, Minimal Criminalization, Proportionality, Fair Labeling (Schmalleger, 2009).

What is the Presumption of Innocence?

The presumption of innocence comes from one of the foundational principles valued by the Framers of the U.S. Constitution. That doctrine is built from their belief that it is preferable to err on the side of failing to punish criminals rather than the side of accidentally convicting and punishing an innocent person (Edwards, Wattenberg, Lineberry, 2007). It means that the starting point of any criminal proceeding or trial is that the defendant is innocent; it is up to the prosecution to successfully rebut the presumption and through evidence of guilt (Friedman, 2005).

What is the Standard of Proof in a Criminal Case?

Beyond a reasonable doubt (Schmalleger, 2009).

What is the Different between a Probative Burden and an Evidential Burden?

The probative burden is to establish that a given piece of evidence is sufficiently valuable in relation to what it purports to establish to overcome reasonable negative consequences of its introduction that conflict with the interests of justice (Friedman, 2005). The evidential burden is to establish that there is some objectively reasonable basis for introducing an issue so that the prosecution cannot be challenged to prove every conceivable hypothetical factual defense (Friedman, 2005).

Is the Probative Burden Ever Placed on the Defendant?

Yes. That is an intermediate level of criminal responsibility: it is a lower level of responsibility for conduct than strict liability because it provides means through which defendants can refute criminal culpability by establishing a lack of mens rea (Friedman, 2005).

Why should we Require both Actus Mens Rea?

Because it is often possible to do things that are appropriately punishable when those actions are purposefully done with criminal intent or with harmful intent that are not appropriate to punish as crimes when they are done with an innocent purpose or intention (Schmalleger, 2009). The civil law provides comprehensive protection and restitution for wrongs committed without purposefully criminal or harmful intent (Friedman, 2005).

What is Transferred Malice? Give Example.