Sources of Criminal Law

Judicial Decisions and Customs

Statues, Statutory law, Codified

Constitutions

Administrative Law

©

Common Law

– Customs, Traditions, Judicial Decisions and other Material that guilds a court in decision making but have not been officially codified into law or constitution–Today used to interpret statutory law

©

Why have “LAWS”?

Regulate behaviorSocial Control

Squares v. Predators

©

Criminal v. Civil

Compensation v. Penal

Less Serious Penalties v. More Serious Penalties

Pay v. Incarceration

©

Criminal v. Civil

• Criminal Law– The State prosecutes the case– Proof beyond a reasonable doubt– Incarceration, governmental monitoring, death

penalty

• Civil Law = Lawsuit– Private party (you can sue anybody)– Preponderance of the evidence– Compensation or money damages

©

Civil Law

• How much, if at all, has the defendant injured the plaintiff.

• What remedy, if any, is appropriate to compensate plaintiff

©

Purposes of Criminal Law

• Retribution or revenge

• Incapacitation

• Deterrence

• Reformation or Rehabilitation

• Compensation

• Disproportionality

©

Criminal Law

• To what extent, if at all, has defendant injured society

• What sentence, if any, is necessary to punish the defendant.

©

Criminal Law and Morality• Evil in themselves • evil only because the act

is prohibited by society • Sex act between

consenting adults • use of alcohol or other

drugs,• prostitution, • gambling, • carrying a concealed

weapon.

©

Dual Court System

• Federal– US Constitution– US Code– Federal Case Law

• State– Illinois Constitution– ILCS– State Case Law

©

Terry v. Ohio

392 U.S. 1, 88 S.Ct. 1968

Miranda v. Arizona384 U.S. 436

Miranda v. Arizona (No. 759) 98 Ariz. 18, 401 P.2d 721; 15 N.Y.2d 970,

207 N.E.2d 527; 16 N.Y.2d 614, 209 N.E.2d 110; 342 F.2d 684, reversed; 62 Cal.2d 571,

400 P.2d 97, affirmed

People v. Luedemann, No. 2-03-1303 (IL 5/10/2005) (IL, 2005)

People v. Luedemann, 293 Ill.Dec. 385, 828 N.E.2d 355, 357 Ill.

App.3d 411 (IL, 2005) 828 N.E.2d 355