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1. INTRODUCTION TO CRIMINAL LAW. CJ 297: Criminal Law Mount Mercy University. BACKGROUND. Criminal Law V. CRIMINAL PROCEDURE. Criminal Law Rules of society Thou shalt not… Punishment Applies to all. Criminal Procedure Rules that apply to government (CJS)
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1. INTRODUCTION TO CRIMINAL LAW CJ 297: Criminal Law Mount Mercy University
Criminal Law V. CRIMINAL PROCEDURE • Criminal Law • Rules of society • Thou shalt not… • Punishment • Applies to all • Criminal Procedure • Rules that apply to government (CJS) • Treatment of accused/convicted • Due process
CHARACTERISTICS OF U.s. CRIMINAL LAW • Do’s and don’ts • “Man”-made & changeable • Elected lawmakers • Written (notice) • Codes (statutes) • Case law • Consequences • Specific or general • Rule of Law • Harm to Society • Victimless crimes
Categories of crimes • Mala in se v. Mala prohibita • Felony v. Misdemeanor • Personal v. Property • Violent v. Non-Violent • “Street” v. White-Collar
White-collar crime • How much harm? • Stealing: $2,000 v. $80,000 • Injury/Death • Medical practitioners • 2 million unnecessary surgeries • 6 billion unneeded antibiotics with 10,000 deaths • 20,000 dead from improper emergency care • Employers • More than homicides • Sellers • Unsafe products & services • Polluters
White-collar crime • Why aren’t we punishing white-collar crime more harshly? • Who makes the laws? • Who influences the laws?
Selected definitions of crimes • Assault • Attempted/threatened battery • Battery • Offensive contact • Rape • Non-consensual sex committed with force or threat
Selected definitions of crimes • Trespass • Entry onto another’s property without permission • Burglary • Breaking & entering with intent to commit a crime • Theft/Larceny • Stealing with intent to permanently deprive • Robbery • Theft by force or threat of force
Selected definitions of crimes • False imprisonment • Restraining someone’s liberty • Kidnapping • Restraining & moving/hiding someone
Selected definitions of crimes • Homicide • Taking the life of live human being • Degrees • 1st: Purposeful, premeditated • 2nd: Knowing, in the heat of passion • Voluntary Manslaughter: Reckless • Involuntary Manslaughter: Negligent