By II John M. Scheb, John M. Scheb
Vital contemporary advancements, fascinating instances, extensive insurance of legislation and procedures...this useful, updated booklet supplies every thing you want to comprehend the considerable and procedural points of felony legislations. excellent for felony justice, pre-law, and paralegal scholars, felony legislation AND technique contains necessary pupil aids that will help you grasp the fabric and reach your direction. Praised for its forex, legal legislations AND process contains well timed issues comparable to the post-9-11 atmosphere; the hot surge in white-collar crime, cybercrime, and identification robbery; army courts; new sentencing directions; and extra.
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Additional info for Criminal Law and Procedure
The criminal law and the civil law often overlap. Conduct that constitutes a crime can also involve a tort. For example, suppose Randy Wrecker intentionally damages a house belonging to Harvey Homeowner. Wrecker’s act might well result in both criminal and civil actions being brought against him. Wrecker may be prosecuted by the state for the crime of willful destruction of property and may also be sued by Homeowner for the tort of wrongful destruction of property. The state would be seeking to .
For example, a person who fails to ﬁle a federal income tax return may be guilty of a federal offense. In most cases, the law requires that the wrongful act be accompanied by criminal intent (mens rea). Criminal intent does not refer to a person’s motive or reason for acting but merely to having formed a mental purpose to act. To convict a person of a crime, it is not necessary to know why a person committed the crime. It is only necessary to show that the individual intentionally committed a prohibited act.
Obviously, government has a duty to protect the lives and property of citizens—this is the essence of the social contract on which democratic government is based. But society also has an interest in protecting the public peace, order, and safety. Traditionally, the preservation of public morality has been regarded as an important function of the criminal law, although recently this notion has come under attack. Increasingly, the protection of the public health and the preservation of the natural environment are being recognized as societal interests that should be furthered by the criminal law.