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.
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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.