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Criminal Law

Contents of This Chapter:

  1. Chapter Overview and Learning Objectives
    1. Learning Objectives
    2. Key Terms
    3. Critical Thinking Questions
    4. Licenses and Attributions for Chapter Overview and Learning Objectives
      1. Open Content, Shared Previously
  2. Law Definition
    1. Dysfunctions of Law
    2. Licenses and Attributions for Law Definition
      1. Open Content, Shared Previously
  3. Civil, Criminal, and Moral Wrongs
    1. Civil Wrongs
    2. Criminal Wrongs
      1. Key Differences
    3. Moral Wrongs
      1. Key Differences
      2. The Witness Exercise
    4. Licenses and Attributions for Civil, Criminal, and Moral Wrongs
      1. Open Content, Shared Previously
  4. Sources of Criminal Law: Federal and State Constitutions
    1. Constitution of the U.S.
      1. Constitutional Limitations on Criminal Law and Procedure
      2. Ex Post Facto Law Example:
      3. Bill of Attainder Example:
    2. State Constitutions
      1. Rule of Law
    3. Licenses and Attributions for Sources of Criminal Law: Federal and State Constitutions
      1. Open Content, Shared Previously
  5. Sources of Criminal Law: Statutes, Ordinances, and Other Legislative Enactments
    1. State’s Authority to Pass Criminal Laws
    2. Congress’s Authority to Pass Laws
    3. Licenses and Attributions for Sources of Criminal Law: Statutes, Ordinances, and Other Legislative Enactments
      1. Open Content, Shared Previously
  6. Sources of Law: Administrative Law, Common Law, Case Law, and Court Rules
    1. Administrative Law–Agency-Made Law
    2. Common Law
    3. Judge-Made Law: Case Law
      1. Stare Decisis and Precedent (Example)
    4. Court Rules of Procedure
    5. Licenses and Attributions for Sources of Law: Administrative Law, Common Law, Case Law, and Court Rules
      1. Open Content, Shared Previously
  7. Classifications of Law
    1. Classifications Based on the Seriousness of the Offense
    2. Classifications Based on the Type of Harm Inflicted
    3. Mala in se Mala Prohibita Crimes
    4. Substantive and Procedural Law
    5. Licenses and Attributions for Classifications of Law
      1. Open Content, Shared Previously
  8. Substantive Law: Defining Crimes, Inchoate Liability, Accomplice Liability, and Defenses
    1. Elements of the Crime
    2. Inchoate Offenses: Attempt, Conspiracy, and Solicitation
    3. Accomplice Liability: Aid and Abet
    4. Vicarious Liability
    5. Defenses
      1. Perfect and Imperfect Defenses
      2. Negative Defenses and Affirmative Defenses
    6. Justifications
    7. Excuses
    8. Procedural Defenses
    9. Licenses and Attributions for Substantive Law: Defining Crimes, Inchoate Liability, Accomplice Liability, and Defenses
      1. Open Content, Shared Previously
  9. Substantive Law: Punishment: Incarceration and Confinement Sanctions
    1. Incarceration/Confinement Sentence
      1. Indeterminate-Indefinite Sentencing Approach
      2. Determinate-Definite Sentencing Approach
      3. Presumptive Sentencing Guidelines
      4. Other Mandatory Sentences-Penalty Enhancements
      5. Concurrent and Consecutive Sentences
    2. Licenses and Attributions for Substantive Law: Punishment: Incarceration and Confinement Sanctions
      1. Open Content, Shared Previously
  10. Substantive Law: Capital Punishment
    1. Mental Illness, Mental Deterioration, and the Death Penalty
    2. Licenses and Attributions for Substantive Law: Capital Punishment
      1. Open Content, Shared Previously
      2. All Rights Reserved Content
  11. Substantive Law: Monetary Punishment Sentences
    1. Monetary Punishments—Fines
    2. Civil Forfeiture
    3. Restitution and Compensatory Fines
    4. Licenses and Attributions for Substantive Law: Monetary Punishment Sentences
      1. Open Content, Shared Previously
  12. Procedural Law
    1. Phases of the Criminal Justice Process
      1. Overview of the criminal process (graph)
      2. Enter Into the System: Investigative Phase
      3. Pretrial Phase
      4. Adjudication or Trial Phase
      5. Sentencing and Sanctions Phase
      6. Post-Conviction Phase (Appeals Phase)
    2. Licenses and Attributions for Procedural Law
      1. Open Content, Original
  13. Conclusion
    1. Learning Objectives
    2. Review of Key Terms
    3. Self-Comprehension Check
    4. Review of Critical Thinking Questions
    5. Licenses and Attributions for Conclusion
      1. Open Content, Shared Previously
  14. References

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Introduction to the American Criminal Justice System: An Equity Lens Copyright © by Roxie Supplee is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License, except where otherwise noted.

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