Essay on Chapter 3 Notes

Submitted By brandi805
Words: 1079
Pages: 5
Open Document
Written Sources of American Criminal Law
Constitution (US and State)
Statutes/laws passed by Congress and state legislatures
Regulations passed by regulatory commissions
Case law

Constitutions
US ConstitutionState ConstitutionsOutlines the structure of the federal government and how it will operate
"Supreme law of the land"

10th amendment to the U.S. Constitution: Reserves the states to have all powers not granted to the federal government
"Supreme" within each individual state (unless conflict with U.S. Constitution)
Statutory Law
Statutes enacted by legislative bodies at any level of government
Ballot initiatives
Citizens collect enough signatures and can force a public vote on a proposed change to state or local law
Examples: California's Proposition 34 on Ending the Death Penalty

Supremacy clause -
When there is a conflict between federal and state laws or constitutions, federal law/constitution trumps state

Administrative Law (Regulations)
Branch of law governing the creation and operation of administrative/ regulatory agencies
Government agency established to perform specific function
Agencies create rules and policies that govern their responsibilities
Example: Food and Drug Administration

Case Law
Rules of law based on court decisions
Precedents= court decision that serves as an example/authority for deciding future cases involving similar facts
Stare decisis

Civil Law v. Criminal Law
Civil Law
Issues pertaining to private matters between two individuals or businesses
Standard of proof that must be met at trial: Preponderance of evidence
Proof that a given fact is more likely than not true
Lower burden of proof than in criminal cases

Criminal Law
Issues between the government and individuals who are accused of violating government-created laws
Standard of proof that must be met at trial: Proof beyond a reasonable doubt
Defendant's guilt must be the only reasonable
Higher burden of proof than in civil cases

Example: OJ Simpson
Criminal Case: First Degree Murder- Found Not Guilty
Civil Case: Wrongful Death- Found Liable

Felonies v. Misdemeanors
Degree of seriousness
Felonies
Serious crimes punishable by 1 or more years in a federal or state penitentiary
Misdemeanors
"Less serious" offenses punishable by a fine or by confinement in jail up to one year

Mala in Se and Mala Prohibita
Mala in se = acts that are wrong regardless of whether they are prohibited by the law
"Bad in themselves"
Mala prohibita = acts that are considered crimes because they are made illegal by criminal statutes
"Bad because prohibited"

Elements of a Crime: Corpus Delicti
Corpus deliciti – body of circumstances that must exist for a criminal act to have occurred
Actus reus
Mens rea
Concurrence (actus reus + mens rea)
Causation
Attendant/accompanying circumstances
Harm done

I. Actus Reus
A guilty act that was committed voluntarily
May also include failure to act (act of omission)
When individuals are required to act, by law, but fail to do so
Examples: Nurses required to aid patients; Lifeguards are required to aid drowning individuals

II. Mens Rea
Criminal intent (guilty mind)
Sometimes difficult to establish

Strict Liability
In certain crimes, intent is not required
Government simply has to prove that the act itself occurred
Examples: Serving alcohol to minors; statutory rape; possession of marijuana; driving without a license
III. Concurrence Between Actus Reus and Mens Rea
Guilty act and guilty intent occur at the same time (concurrence)
Intent must have prompted (come before) the act
Example: Richard Sherman is in his Mercedes Benz, driving lawfully, and accidently hits and kills a man who runs out into the road. Richard Sherman then learns that the identity of the man is Michael Crabtree. Richard Sherman and Michael Crabtree are enemies. When Richard Sherman learns that Michael Crabtree died, he starts
Show More

Related Documents: Essay on Chapter 3 Notes

Chapter 3 Notes Essay

Chapter 3 Notes: Internal environment: Value Chain Resourced Bases View Financial Performance Value Chain Split into two activities: Primary Activates & Support Activities Primary Activates: -Inbound Logistics: associated with receiving storing and distributing -Operations: associated with transforming inputs into the final product form -Outbound Logistics: associated with collecting, storing, and distributing products to service or buyers -Marketing and sales: associated with purchasing…

Words 317 - Pages 2

Notes Chapter 3 Essay

CHAPTER 3 NOTES Cost Structure: the proportion of variable costs and fixed costs in an organization. Variable cost: these costs vary in total directly and proportionately with activity level, but are constant per unit. Activity level or activity base: measure of what causes or drives variable cost. Can be a measure of either inputs or outputs. For many purposes we’ll use output units as the activity base – but not always as time goes on! EXAMPLES: See Exhibit 3-2. Although some…

Words 909 - Pages 4

FARE Operations Mangement Chapter 3 Notes Essay

FARE CHAPTER 3 THE IMPORTANCE OF PROJECT MANGEMENT Firms are facing modern phenomena: where growing project complexity and collapsing product/service life cycles Scheduling projects is difficult challenge for operations mangers. The stakes in the project management are high. Cost overruns and unnecessary delays occur due to poor scheduling and poor controls. Projects that take months or years are usually devolved outside the normal production system Three phases in managing projects:…

Words 1202 - Pages 5

Essay on Observational Atomic Structure Notes

Observational Atomic Structure [KEY] Analytical Chemistry Department of Science, Honors Chemistry | Spring Chapter 4 Section 2 Review Essential Questions & Answers: [ ] 1. Who suggested the ideology of atoms? 4th century B.C Greek Democritus of Abdera [ ] 2. What was the conclusion, in reference to the concept of atoms, Democritus proposed? Atoms were indivisible, indestructible, fundamental units of matter. [ ] 3. What did Democritus’ proposals lack in explanatory reasoning? Why? They lacked experimental support…

Words 756 - Pages 4

Umars Study Schedule Essay

accordance with the new AP biology exam. ☐ Read AP Cliffs Ch. 1 “Chemistry” takes notes and memorize it ☐ Read AP Barron’s Biology Ch. 3 “Biochemistry” (notes are online on the dat bootcamp website) Before you begin to watch Chad’s videos, print out all the outlines, hole punch them, and place them in a binder. Include a few sheets of loose-leaf paper at the end of each section so you can take notes. Take diligent notes as you watch the videos, copy the examples, and re-watch them if you need to…

Words 3491 - Pages 14

2nd Ed Ch1 VA 090831rs Essay

Chapter 1 Overview Data Communications and NM Chapter 1 Data Communications and Network Management Overview Network Management: Principles and Practice © Mani Subramanian 2010 1 Chapter 1 Overview Data Communications and NM Objectives • Telecommunications overview  Data communications overview  Evolution of converged networks  Desktop processors and LAN technology  Client-Server architecture in networking  Internet and intranet  Network communication protocols  OSI and Internet standards…

Words 2522 - Pages 11

Essay on Standardized Test and Study Guide

expectations for the class and see how the teachers grading scale works, become familiar with chapter 1 and be ready in class with questions about chapter one, also make note of the types of questions that will be on the exam- multiple choice and true/ false. Day 2: Write down key points talked about in class. Review your notes and read chapter 2 to prepare for the next class. 2 Day 3: After class review your notes and then visit your teacher in their office hours to clear up anything that you got caught…

Words 1124 - Pages 5

Spreadsheet and Advanced Algebra Calculator Essay

C H A PT E R 1 Calculator Notes for the TI-Nspire and TI-Nspire CAS Note 1A: Reentry If you are not currently in the Calculator application, press c and choose Calculator. Evaluate an expression. To perform an operation on the result of the expression you just evaluated, press any mathematical operation key and type an expression. The result of the previously evaluated expression will appear as “Ans” until you press ·. You can enter the previous line into an expression by pressing /-…

Words 3144 - Pages 13

A Brief Note On Financial Deductions And Returns

Salary (Note 1) $ 84,000 Expense allowance (Note 2) 25,000 Contribution to § 401(k) retirement plan (Note 3) (10,000) Interest income (Note 4) 400 Treasure trove (Note 5) 5,000 Property transactions (Note 6): Loss on sale of lot ($4,000) Gain on boat 500 (3,000) Adjusted gross income $101,400 Itemized deductions not subject to the 2%-of-AGI limitation: Medical (Note 7) $2,795 Sales tax (Note 8) 3,200 Charitable contribution (Note 9) 4,800 Campaign contribution (Note 10)…

Words 752 - Pages 4

Rapid Application Development and Information Systems Essay

3 Information Systems Development Overview Chapter 3 provides a comprehensive introduction to information system development. The chapter’s intent is to introduce principles and processes used to develop information systems. The information system development process reinforces the information system building blocks that were introduced in Chapter 2. A hypothetical methodology called FAST (Framework for the Application of System Techniques) is used to teach a representative, implementation of a system…

Words 9177 - Pages 37