SOC-3340 Lecture Notes - Lecture 1: Actus Reus, Mens Rea, Procedural Law
31 Aug 2016
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Laws do two things: place limits on citizens, place limits on government. Two types of law: civil law: law governing issues between private persons and/or organizations. Examples: breach of contract, injury during a fight, etc: criminal law: laws governing wrongdoing where the government can punish you. Felony: more serious crime and punishment, prison more than 1 year: in some instances, both criminal and civil law can be applicable. Sources of american criminal law: common law. Inductive process: current facts and prior rulings are used to decide (create) specific and appropriate legal rules. Flexibility (ensures that all legal harms are addressed) Evolution (common law can evolve over time as society evolves) It is difficult to know what is wrong . There are few checks on government behavior. Despite flexibility, can be very slow to change: statutory law. Over time, laws have become codified (written down). Legislatures codify common law principles and create new crime.
