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Principles of Criminal Law. Where did our system originate from and what are the different types of criminal law?. Where do rules for society come from?. Morals Values Customs. Will each society have the same laws and legal systems? Why or why not?. What is the Social Contract Theory?.
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Principles of Criminal Law Where did our system originate from and what are the different types of criminal law?
Where do rules for society come from? • Morals • Values • Customs
Will each society have the same laws and legal systems? • Why or why not?
We waive rights/privileges/liberties in exchange for the government protecting us. • Was a verbal contract between early colonists and the newly formed government • Became part of our legal system.
An Example of Social Contract Theory: • Patriot Act
The United States now follows a system of “no penalty without law” • Can’t be punished unless the behavior is clearly prohibited by law
Where did laws come from? • Code of Hammurabi • Over 4000 years ago • First set of written laws developed for a society • An “eye for an eye” theory of punishment
Canon Law • Law of the Catholic church • Heavily influenced societal law
4 Main Types of Criminal Law • 1. Statutory Law • 2. Case Law • 3. Constitutional Law • 4. Administrative Law
Statutory Law • A written law created by our lawmakers • It is against the law to steal • It is against the law to kidnap • It is against the law to murder • 2010 Minnesota Statutes
Case Law • Our Courts are responsible for interpreting the law • We give our judges the power to create case law through a system of precedent (past cases uses as examples for current/future cases).
Constitutional Law • Law that stems from the Constitution • Due Process and Equal Protection
Administrative Law • Laws that come from Administrative Agencies • IRS/EPA
Civil Law • Individual v individual • You sue someone • No prison time • Punishment is in form of damages (money)
Criminal Law • Individual v society • Prison time is involved