Chapter 1. Fundamentals of Criminal Law and Procedure. Introduction. Constitutional supremacy – constitution is the supreme law of the land and that all actions and policies of government must be consistent with it. Federalism.
Fundamentals of Criminal Law and Procedure
They are the principal actors in defining crimes and punishments.
Retribution – criminal must pay for wrongs against society. Criminals given their “just deserts”.
Deterrence – punishing criminal for their crimes can prevent others from committing the same offenses.
Incapacitation – prevent the criminal from committing additional crimes.
Rehabilitation – changing the offender so they can function in civil society without resorting to criminal behavior.
Types of Criminal punishment:
Death Penalty – reserved for most aggravated murders.
Incarceration – for persons convicted of felonies. Imprisoned from one year to life.
Monetary fines – most common punishment for misdemeanors.
Restitution – criminals paying sums of money to their victims.
Probation – usually for first time offenders. Conditional release of a convicted criminal in lieu of incarceration.
House arrest – offender is allowed to leave home only for employment and approved community service activities.
Community Service – criminal performs specific service to the community for a period of time.
Pretrial diversion program – criminal completes a program of counseling or service.
Loss of Civil Rights – losing the right to vote and to hold public office. They can keep theirfundamental constitutional rightssuch as expressing their religious beliefs.