Charles Brummel
Criminal Courts
Assignment 2
1-20-16
1. Some limitations that the Criminal Law has is that a state cannot criminalize any conduct that it chooses. This is all thanks to the due process. The Supreme Court requires that the punishments be proportionate to the crime that was committed. Also a statute must give fair notice top both the law enforcement and citizens on exactly what conduct is forbidden by it so as to limit arbitrary enforcement and provide individuals with fair warning of what they lawfully may do.
2. The five elements of Corpus Delivti are 1. Criminal Act 2. Criminal Intent. 3. Concurrence. 4. Causation 5. Harm. Each of these 5 elements must be proven because in the court room during a trial these elements are key to hit when presenting your case and will help your side in the outcome. Taken together, these elements compromise the body of crim.
3. The difference between an excuse defense and a justification defense is that an excuse defense the defendants admit that what they did was wrong but argue that under circumstances, they are not responsible for the improper conduct. And in justification defense the defendant admits they are responsible for the act that occurred but claims that under the circumstances, the act was not criminal.
4. Some major crimes would be Murder, Manslaughter, Aggravated assault, Rape, Arson or Robbery. Crimes can be classified as either a misdemeanor or a felony.
5. Like the criminal justice system, the civil justice system relies on substantive law, procedural law, and precedent. However a variety of things make them different. In civil law there can be no penalty inflicted by the state such as imprisonment or probation in a civil action.
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7. Justification defense is one in which the defendant admits they are responsible for the act that occurred but claims that under the circumstances, the act was not criminal. Examples of this include consent, self-defense, and execution of public duties....