Chapter #4 Critical Analysis
1. Why is the common law said to be uncodified?
The common law tends to feel like it is uncodified because it relied primarily on judges following precedents, and the body of the law was not written down in any single place. It has many drawbacks, including citizens not knowing what acts are illegal and understanding the procedures that must follow to establish innocence or guilt.
2. How does stare decisis contribute to the efficiency of a court system?
Under this doctrine, judges are obligated to follow the precedents established within their jurisdictions. Therefore, any decision of a particular state’s highest court will control the outcome of future cases on that issue brought before all of the lower courts within that same state.
3. What is the Model Penal Code, and how has it contributed to criminal law in the United States?
Though not a law itself, the code defines the general principles of criminal responsibility and codifies specific offenses; it’s the source for many of the definitions of crimes. The majority of the states adopted parts of the model penal code into there statutes, and some states like New York have adopted large portions of the code. The code has reflected specific ways citizens will act and how specific laws will be forced.
4. Give an example of how the criminal justice system teaches societal boundaries?
That is because the criminal justice system “teaches a lesson” to the people it punishes, and to society at large. Each step will make sure that if a crime occurs, arrests will happen. And punishments will be handed down.. teaching people its not right!
5. Many people are careless. At what point can such carelessness be deemed criminal negligence?
It’s when the defendant grossly deviates from the standard care that a reasonable person would use under the same circumstance. He would be accused of taking an unjustified, substantial, and foreseeable risk that...