Notes on CRIMINAL LAW - CRIMINAL JUSTICE

CRIMINAL JUSTICE
Felicia McCaw’s Notes on CRIMINAL LAW
FIFTH EDITION

CHAPTER 1 - 3

NOTES

I AGREE THAT IT IS VERY DIFFICULT TO MAINTAIN THE LEVEL OF SOCIAL CONTROL DUE TO ERRADICATION OF SOCIAL MORALS IN TODAY’S SOCIETY.


STEPS TO USE IN ESTABLISHING CONTROL IN TODAY’S SOCIETY:

1. EMPHASIZING OF RACIAL CIVITY OF HARMONY IF THERE IS A PROBLEM OF RACIAL UNREST PRESENT.

2. UTILIZATION OF GOVERNMENTAL AGENCIES TO ENSURE THE SAFETY OF ALL PEOPLE IN THIS COUNTRY (USA) AS WELL AS OTHERS IN DIFFERENT COUNTRIES.

3. THE REFLECTION OF DECENCY IN OTHER INDIVIDUALS IS HARD TO MONITOR, SOMETIMES THESE VERY EMOTIONS ARE MASKED AND DISGUISED AND WILL NEVER BE PROTRAYED. A PERSON’S DECENCY
IS A SMALL MEASURE OF THAT PERSON ALONG WITH OTHER AMBIVALENT CHARACTERISTICS.

THE FUNCTIONS OF CRIMINAL LAW IS A FORM OF CORRECTING DANGEROUS, DELIBERATELY PREMEDIATED, CALCULATED PROHIBITED BEHAVIOR. THIS BRANCH OF THE LAW SPECIALIZES IN PROHIBITING AND CONTROLING THE CONDUCT OF INDIVIDUALS, GANGS, GROUPS OF PEOPLE INVOLVED IN CONSPIRACY, UNDERGROUND RAILROAD ACTIVITIES, MAFIA, MOB ACTIVITIES AND ASSOCIATES THAT PARTICIPATE IN PROHIBITED BEHAVIOR.

THE MANNER IN WHICH THEY TRY TO CONTROL UNWANTED AND PROHIBITED BEHAVIOR IS THE UTILIZING OF THE LAW SYTEM
WHICH WORKS HAND IN HAND WITH THE JUDICIAL SYSTEM WHEREBY CHARGING FINES, JAIL AND PRISON IMPRISONMENT,
EXPOSURE OF THESE NEFARIOUS DEEDS TO THE PRESS, NEWS CHANNELS & INTERNET NEWS WHICH IS BROADCASTED GLOBALLY OF HOW THESE UNDESIRABLE CHARACTERISTICS WILL NOT BE TOLERATED AND WILL BE CORRECTED SWIFTLY.

RULE OF LAW

This principle is utilized in democratic society that a person cannot be convicted unless he has subsequently been found to have committed a crime based on the laws that are enacted for every person protection.
Therefore based on this conviction he will be punished either with incarceration or fined.



Felicia McCaw’s Notes on CRIMINAL LAW
FIFTH EDITION
PAGE 2
CHAPTER 1 - 3


NULLEN CRIMEN, NULLA POENA, SINE LEGE (LATIN)

“there is no crime, there is no punishment, without law”. I believe that this statement is expressing that there must be a legal structure enacted to be utilized for the people to know what is allowable and what is not. If there is nothing to enforce laws to restrict undesirable behavior then there can be no justification for punishment if you have nothing to indicate what is a crime and no enforcers of the law if nothing is relayed to the population that these deeds are restricted.

SUBSTANTIVE CRIMINAL LAW

Prohibits certain forms of conduct by defining crimes and establishing the parameter of penalties. (This means that criminal activities are listed and broadcasted publicly and the penalization is reflected e.g., incarceration, criminal record listing all nefarious misdeeds, fines, execution, and the inability to get gainful employment due to the person’s tendency to exhibit behavior that conflicts with society norms and laws.

PROCEDURAL CRIMINAL LAW

Regulates the enforcement of the substantive law, the determination of guilt, and the punishment of those found guilty of crimes. (This means that the law enforcement will utilize the methodology enacted to govern forms of undesirable conduct as established and will follow guidelines to put this person in the system of trying to correct and rehabilitate this person so that he/she or they can function in today’s society if possible.)

CONSTITUTIONAL SUPREMACY

This reflects that even though the Substantive Criminal Law and the Procedural Criminal Law is enforced the principals and provision of the U.S. Constitution which welds the power of the government and both S.C.L. & P.C.L. are subordinate to the principles and provision of the U.S. Constitution. Owner of the government and restricts the limits of their power.