Criminal Law Chapter 1
The different branches of govt each have a role in the CJ system (legislative-make, executive-
enforce, judicial-interpret)
-tort= civil wrong (for $)
-crime=anything a group in power chooses to prohibit
-all crime is an injury to society, also called public law → substantive criminal
law
Tort Crime Moral wrong
-private wrong (contract -public wrong -religious wrong
violation) -criminal court (State v Smith) -no punishment unless also a
-civil court (Smith v Jones) tort or crime
Criminal law is the most recent, inconsistent, and underdeveloped
Criminal law is strongest when they reflect the moral and ethical beliefs of society (**the moral
or ethical commitment to the law is “the law behind the law”**)
The CJ system works best when the majority of ppl believe the law is fair
The govt (in democracy) should be a servant of the people (Katz where ruled the
gov’t should leave us alone, right to privacy) , so should the law (→constitutional
limits) (the only crime listed in the constitution is treason)
-social contract= an implicit to cooperate for social benefits (sacrifice some individual freedoms
for justice)
WHY SOME CONDUCT MAY OR MAY NOT BE DESIGNATED AS CRIMINAL
Reasons a Legislative Body Might Designate Reasons a Legislative Body Might Not
Specific Conduct as Criminal Designate Specific Conduct as Criminal
-The conduct may be designated as criminal The government does not have constitutional
to…protect the public from violent or power to prohibit such conduct, the conduct in
dangerous conduct, protect public health, question is constitutionally protected, no
maintain public order, protect the right of influential public or private groups or
privacy of individuals, protect public morality individuals have demanded the regulation of
No other apparent way to promote a desired such conduct, enforcing a law criminalizing
public policy is available. such conduct would not be economically
feasible, passing a law criminalizing such
conduct would not be politically popular
5 Characteristics of “good” criminal law**
1. Politicality- violations of rules made by the state (crime; no punishment without law)
2. Specificity- provides strict definitions of specific acts
3. Regularity- applied to all persons regardless of social status (rule of law)
4. Uniformity- enforced against all violators regardless of social status
The different branches of govt each have a role in the CJ system (legislative-make, executive-
enforce, judicial-interpret)
-tort= civil wrong (for $)
-crime=anything a group in power chooses to prohibit
-all crime is an injury to society, also called public law → substantive criminal
law
Tort Crime Moral wrong
-private wrong (contract -public wrong -religious wrong
violation) -criminal court (State v Smith) -no punishment unless also a
-civil court (Smith v Jones) tort or crime
Criminal law is the most recent, inconsistent, and underdeveloped
Criminal law is strongest when they reflect the moral and ethical beliefs of society (**the moral
or ethical commitment to the law is “the law behind the law”**)
The CJ system works best when the majority of ppl believe the law is fair
The govt (in democracy) should be a servant of the people (Katz where ruled the
gov’t should leave us alone, right to privacy) , so should the law (→constitutional
limits) (the only crime listed in the constitution is treason)
-social contract= an implicit to cooperate for social benefits (sacrifice some individual freedoms
for justice)
WHY SOME CONDUCT MAY OR MAY NOT BE DESIGNATED AS CRIMINAL
Reasons a Legislative Body Might Designate Reasons a Legislative Body Might Not
Specific Conduct as Criminal Designate Specific Conduct as Criminal
-The conduct may be designated as criminal The government does not have constitutional
to…protect the public from violent or power to prohibit such conduct, the conduct in
dangerous conduct, protect public health, question is constitutionally protected, no
maintain public order, protect the right of influential public or private groups or
privacy of individuals, protect public morality individuals have demanded the regulation of
No other apparent way to promote a desired such conduct, enforcing a law criminalizing
public policy is available. such conduct would not be economically
feasible, passing a law criminalizing such
conduct would not be politically popular
5 Characteristics of “good” criminal law**
1. Politicality- violations of rules made by the state (crime; no punishment without law)
2. Specificity- provides strict definitions of specific acts
3. Regularity- applied to all persons regardless of social status (rule of law)
4. Uniformity- enforced against all violators regardless of social status
