INTRO TO CLASS: Mass incarceration. US has 693 people incarcerated per 100k population, the biggest number in 1st world countries. US might be more punitive than other countries and also the free use of guns. Disparate Impact, most people arrested is black and their sentences are longer than white people for the same crime. 60% of people in prison are people of color. Goodbye Earl by the Dixie chicks. Song about BBF, one kills an abusive husband and the other helps her to get rid of the body. Wanda murdered husband, murder type of homicide. Killing a person by another person. Conspiracy: agreement between two or more people to commit a crime. Friend, Mary Ann, accomplice (aiding and abetting). Defense, extreme and emotional distress because of domestic violence, no self-defense. Mitigation moves to a lesser charge. ASSIG. 1 - INTRODUCTION AND CONCEPTS Crime: moral condemnation of the community; injury to society or to the public; harm to the community. You did the action or you didn't do it, affirmative obligation. Tort; injury to an individual; dispute between private people. Where does criminal law come from? Common Law: judges would listen to facts, decide and then the rules based on these customs became law. Religion had a big influence. Statutes: issued by the legislators either state or federal. They create the law and the common law interprets the statutes. States' criminal systems are issued to satisfy the needs of the state, which they consider to harm their community. What is a crime in one state might not be in another. Ex. GA can't eat chicken with a fork. Federal criminal system is more uniform, which the US legislator determines is harmful to society. Constitutional restrictions on the government. Ex Post Facto, Cruel/Unusual, Due Process. The US Constitution always prevails. The States Constitution cannot take rights away, can give more. MPC: American Law Institute. NO laws but guidelines issued by an independent agency. Used to formulate laws Criminal Law in a procedural context: Pre-trial crime reported, to arrest police needs probable cause. Most cases don't get to trial.
Right to jury: 6th Amen "In all criminal prosecutions the accused shall enjoy the right to ... an impartial jury". The jury helps as defense from the arbitrary powers of the government and the defendant to have a common sense judgment of the community. Court interpretation jury to be used in serious crimes, penalties of 6 or more months in jail. It has been decided 6 are enough juries. SCOTUS held to be convicted of a crime; the verdict needs to be unanimous. Foundation Principles Presumption of innocence. Law presumes the defendant didn't do the crime. The fact that he has been charged is not proof of anything. Burden of proof on the government. The def. does not have to prove anything. It is the government's burden to prove every element of the crime beyond reasonable doubt. Beyond a reasonable doubt. If you have any doubt and if that doubt is reasonable, you should