Today we'll begin delving into criminal law. This is just a quick overview of terms and ideas. We'll look at each of these items in depth over the next few months. I hope this series enhances your television viewing experience.
What is the Model Penal Code?
A set of rules and regulations detailing how men should care for their jumbly bits.
Just kidding.
A law is not a law unless it's written down. The problem is that verbiage becomes inconsistent as more and more laws are added. The Model Penal Code is self-contained and consistent within itself. Over thirty states, including Ohio, have adopted the Model Penal Code to some degree. Even non-MPC states are greatly influenced by this code.
What are some important terms that the MPC uses consistently?
1. purposefully/intentionally
2. knowingly
3. recklessly
4. negligently
What are the bedrocks of criminal law?
1. Defendants are presumed innocent until proven guilty. (Do you really believe this?)
2. Guilt must be proven beyond a reasonable doubt.
3. In most cases, 12 jurors must be unanimous.
Why is it "beyond a reasonable doubt" in criminal law, and just "a preponderance of evidence" in civil law?
In civil lawsuits, erroneous verdicts in favor of either side are equally bad. In criminal cases, it is much worse to convict an innocent person then to let a guilty person go free.
Why do we punish criminals?
1. deterrence
2. rehabilitation
3. to reaffirm societal norms
4. retribution
5. incapacitation
Are these reasons important?
Yes. Your typical district attorney has too many cases, and can't possibly prosecute them all. Part of the selection process is determined by the reasons listed above. Consequently, criminal defense lawyers will use said reasoning to try and prevent their cases from reaching trial.
summarized from Life of a Law Student
What is the Model Penal Code?
A set of rules and regulations detailing how men should care for their jumbly bits.
Just kidding.
A law is not a law unless it's written down. The problem is that verbiage becomes inconsistent as more and more laws are added. The Model Penal Code is self-contained and consistent within itself. Over thirty states, including Ohio, have adopted the Model Penal Code to some degree. Even non-MPC states are greatly influenced by this code.
What are some important terms that the MPC uses consistently?
1. purposefully/intentionally
2. knowingly
3. recklessly
4. negligently
What are the bedrocks of criminal law?
1. Defendants are presumed innocent until proven guilty. (Do you really believe this?)
2. Guilt must be proven beyond a reasonable doubt.
3. In most cases, 12 jurors must be unanimous.
Why is it "beyond a reasonable doubt" in criminal law, and just "a preponderance of evidence" in civil law?
In civil lawsuits, erroneous verdicts in favor of either side are equally bad. In criminal cases, it is much worse to convict an innocent person then to let a guilty person go free.
Why do we punish criminals?
1. deterrence
2. rehabilitation
3. to reaffirm societal norms
4. retribution
5. incapacitation
Are these reasons important?
Yes. Your typical district attorney has too many cases, and can't possibly prosecute them all. Part of the selection process is determined by the reasons listed above. Consequently, criminal defense lawyers will use said reasoning to try and prevent their cases from reaching trial.
summarized from Life of a Law Student
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