Purposes of laws – Flashcards
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Limitations of the law - Legality
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Laws defining crimes and penalties must be made public before being enforced. Made public by publishing laws. Puts the members of society on notice
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Limitations of the law - Ex post facto
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"Not after the fact'. A person cannot be punished for actions committed before the law prohibiting the behavior was passed.
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Limitations of the law - Void for vagueness
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the definitions of laws must be clear and reasonable, specifying prohibited behaviors otherwise, those laws are illegal. A law must say what it means and mean what it says.
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Limitations of the law - Void for overbreadth
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Laws are illegal if they are stated so broadly as to prohibit legal actions as well as the illegal behavior
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Limitations of the law - Due process
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The government must treat people equally and fairly before the law
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Limitations of the law - Substantive
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Limits the power of governments to create crimes unless there is compelling, substantial, public interest in regulating or prohibiting the conduct.
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Limitations of the law - Procedural due process
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requirement that the government must follow established procedures and treat defendants equally.
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Limitations of the law - Right to privacy
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Laws cannot violate the reasonable personal privacy of citizens
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Limitations of the law - Cruel and Unusual Punishment
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Punishment that violates the principle of proportionality and is considered too harsh for the crime committed. Prohibited by the 8th amendment.
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Purpose of laws - Protect and punish - Control crime
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Legal function of the law. 1. Control crime - protects the public's safety, and produces order.
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Purpose of laws - Protect and punish - Deterrence of illegal behavior
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Legal function of the law. 2. Deterrence of illegal behavior, identifies illegal behaviors, describes punishments for behavior. Two types of criminal deterrence - Individual, General.
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Purpose of laws - Protect and punish - Punishment regulation
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Legal function of the law. 3. Punishment Regulation - Safeguard against - Arbitrary punishment, and Excessive punishment. Determinate sentencing.
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Purpose of law - Protect and punish - Nulla poena sine lege
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Legal function of the law. 4. Nulla poena sine lege - "No punishment without law"
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Purpose of laws - Maintain and teach - Social control, and Social order
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Social function of the law. 1. Social control- efforts by society to regulate the behavior of its members. 2. Social order- all legal systems maintain and protect it.
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Purpose of laws - Maintain and teach - Social change
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Social function of the law. 3. Social change - the process by which ideas and practices are modified either actively or passively through natural forced or deliberate social actions.
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Functions of laws - Defines crime
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Any act that the government has declared to be an offense against the public good, declared by statute to be a crime, and which is prosecuted in criminal proceeding.
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Functions of laws - Defines criminal acts - Mala in se and Mala prohibita
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1. Mala in se - acts that are crimes because they are inherently evil. 2. Mala prohibita - acts that are prohibited because they are defined as crimes by law, not because the act is harmful or inherently evil.
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Functions of law - Elements of crime - Actus reus, Mens rea, Concurrence
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1. Actus reus - the actions of the person committing a crime as defined by law. 2. Mens rea - the state of mind and intent of the person committing the actus reus. 3. Concurrence - the completeness of the crime - bringing together the actus reus and mens rea.
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