Basic Criminal Law Chapter 1 "Introduction."

"Introduction." Criminal law is a stabilization of social policy based on past experiences. Criminal law regulates individual conduct with other people for social control. The study of criminal law includes methods such as learning the law by memory or seeking out general principles to understand their use. Law schools use the casebook method, where a case is read and analyzed to learn legal principles. This method helps lawyers learn how to seek legal principles to persuade a court on either side of a legal dispute. Law is divided into substantive (rights and duties of people to each other and society) and adjective (legal machinery to enforce rights and duties) law.

"Sources of the Criminal Law." Criminal law in the United States basically comes from the early English common law, federal and state constitutions, laws passed by federal and state legislatures, and court decisions. The common law is applied if it is not a violation of the Constitution of the United States or state constitutions, or in conflict with state laws. The Constitution of the United States and state constitutions provide the fundamental written law in this country. State and federal statutes are passed by the U.S. Congress and state legislatures; these statutes are compiled into a code. The principle of stare decisis states that court decisions become a precedent for that and all subordinate courts; established precedents may also be challenged

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ty intent. Intoxication is not a defense unless other factors are evident (duress, intoxication by mistake). Religion does not excuse crime. Mistake of act is used as a defense but must be accompanied with reasonable belief. Chapter 10 "Homicide." Homicide is defined as the killing of any human being by a human being; suicide may be included. Common law established the rule that the victim must die within a year and a day after the wrongful act, for the prosecution of homicide. Several state statutes have abandoned this rule. Evidence proving homicide must show that a living person was killed; generally the victim cannot be unborn. Eminent death of the victim is not a defense for homicide (incurable disease or at the point of death). Homicides fall into two classifications which include noncriminal or innocent (justifiable and excusable) and criminal (murder and manslaughter). Manslaughter is distinguishable from murder with the absence of malice aforethought (intent). Intent is shown by previous actions. Malice may be expressed (demonstrates deliberate intention) or implied (intention deduced from circumstances). Homicide while attempting to commit felony is murder with malice aforethought (felony-murder rule).

Category: Government - B