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Department of Criminal Justice California State University - Bakersfield CRJU 100

Department of Criminal Justice California State University - Bakersfield CRJU 100 Introduction to Criminal Justice Dr. Abu-Lughod, Reem Ali Criminal Law. Intro: Development of crim law Not systematic Today’s law as an integration of systems and laws in other societies

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Department of Criminal Justice California State University - Bakersfield CRJU 100

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  1. Department of Criminal Justice California State University - Bakersfield CRJU 100 Introduction to Criminal Justice Dr. Abu-Lughod, Reem Ali Criminal Law

  2. Intro: • Development of crim law • Not systematic • Today’s law as an integration of systems and laws in other societies 1) Code of Hammurabi • 1901 stone tablet, laws of ancient Babylonia • Akkadian language, earliest written laws 1780 B.C. • “eye for an eye” • Code: politics, economics, social, etc…

  3. 2) Magna Carta • Limited power of king, more rights for citizens • The fight against King John • 61 clauses, most important being “no freeman shall be captured or imprisoned…except by lawful judgment of his peers or by the law of the land” • Established the 1st Bill of Rights • Limited decision making powers of king and protected people from government • Two edged sword: 1) what citizens should NOT do • 2) rights and protection • “common law” its main premise

  4. 3) Common Law • Past decisions of the judiciary • Known as case law, judge-made law, customary law… • Based on doctrine of PRECEDENT (stare decisis) • Guided by FOUR issues • 1) predictability • 2) reliability • 3) efficiency • 4) equality

  5. Assisted in development of other sources of law: • 1) constitutions • Will of people • Democracy, etc… • Protecting people from government • 1st 10 amendments to the C known as the Bill of Rights • Is the C absolute???

  6. 2) Statutes Enacted by legislature Will of people 3) Administrative rules Developed by agencies to protect people

  7. FEATURES OF CRIME: For an act to be “criminal” three elements must be present • Actus Reus: guilty deed (physical) • Mens Rea: guilty mind (the intent); general and specific • Concurrence: mens rea and actus reus

  8. DOUBLE JEOPARDY AND THE RODNEY KING EXAMPLE IN BOOK? HOW DOES THE SYSTEM DEAL WITH IT Difference between criminal law (state against indiv) and civil law (between individuals) Substantive (the WHAT) versus Procedural (the HOW) laws Statute of limitations except in???? Entrapment: example of police officers and prostitution

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