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Name: Reynaldo B Bumaat Jr
Section: BSCRIM 3 CHARLIE
1. Statutory Law – Law enacted by legislature at the federal, state or
local levels 2. Case Law- Judicial decision that interpret statues and set legal precedents 3. Constitutional Law- Principles and provision found in the constitution that govern criminal justice and protect individual rights 4. Prohibition and Punishment: Criminal law defines certain behaviors as offenses against the state or society and prescribes punishments for those offenses. This aspect emphasizes the need for social order and the consequences of violating laws. 5. Public Nature: Unlike civil law, which involves disputes between private individuals, criminal law is considered a matter of public interest. The government prosecutes offenders on behalf of society, reflecting the idea that crimes harm the community as a whole. 6. Presumption of Innocence: In criminal proceedings, the accused is presumed innocent until proven guilty. This principle protects individuals from wrongful conviction and ensures that the burden of proof lies with the prosecution. 7. Principal: The person who directly commits the crime or performs the acts that constitute the felony. 8. Accomplice: Someone who assists or encourages the principal in committing the felony, sharing intent and liability. 9. Accessory: A person who aids or helps after the commission of the crime, such as by hiding evidence or helping the principal evade arrest, but who does not participate in the crime itself. 10. Preparation: Planning and organizing the crime without yet committing it. 11. Attempt: Taking concrete steps toward committing the crime but not completing it. 12. Commission: Successfully executing the crime, fulfilling all legal elements of the felony. 13. Intent: The presence or absence of intent to commit the crime can determine liability, distinguishing between intentional acts and accidents. 14. Age: Minors may have reduced liability or different legal standards applied based on their age. 15. Insanity: A defendant’s mental state at the time of the crime can impact their responsibility, potentially leading to a verdict of not guilty by reason of insanity.
Ipso facto law refers to a legal principle that results automatically
from the nature of the act or situation, without needing additional legal justification. For example, if a person is declared legally incompetent, they may automatically lose the right to make certain decisions, such as managing their finances, without needing a separate court ruling for each decision. Example when a person is convicted of a felony, leading to an automatic loss of certain rights, such as the right to vote. This consequence occurs without any additional action needed from the court.
A bill of attainder is a legislative act that singles out and punishes an
individual or group without a trial. It typically declares a person guilty of a crime and imposes penalties, such as imprisonment or loss of rights, without judicial proceedings. In the United States, bills of attainder are prohibited by the Constitution, ensuring that individuals are entitled to due process and a fair trial before any punishment can be imposed. Example a law passed by a legislative body that specifically targets a person or group, declaring them guilty of treason and imposing penalties like exile or confiscation of property without a trial. In U.S. history, some state legislatures attempted to pass such laws against individuals suspected of being loyal to the British during the Revolutionary War, which were ultimately deemed unconstitutional .