Criminal Law Questions

intended to make sure that offenders who are convicted of a third felony get locked up for a very long time (sometimes for life)

right to be secure in ones person, house, papers, and effects from unreasonable searches

Struck down laws (1) making it a crime for married couples to use contraceptives and (2) to counsel couples on birth control

t provision that "the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people"

the requirement of courts to resolve every ambiguity in a criminal statute in favor of the defendant

rational human beings won't commit crimes if they know that the pain of punishment outweighs the pleasure gained from committing crimes

no one can be convicted of, or punished for, a crime unless the law defined the crime and prescribed the punishment before the person engaged in the behavior that was defined as a crime (cannot have crime and punishment without law)

the natural law that individuals can act to maximize pleasure and minimize pain, permitting human beings to apply natural laws mechanistically (according to rules) instead of having to rely on the discretionary judgment of individual decision makers

cannot make something illegal after it happened

other than the fact of prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable doub

"barbaric" punishments and punishments that are disproportionate to the crime committed

a right that requires the government to prove that a compelling interest justifies invading i

crime is a "disease," and criminals are "sick" in need of "treatment" and "cure"

only core offenses have to follow this, must benefit the defendant

forces beyond offenders' control cause them to commit crimes (cannot control your behavior)

the prosecution has the burden of proof when it comes to proving the criminal act and intent

volume number, supreme court, page number, year it came out

the natural law that human beings seek pleasure and avoid pain

the majority can't make a crime out of conduct protected by the fundamental rights in the U.S. Constitution (majority cannot overrule minority)

to have to prove beyond a reasonable doubt "every fact necessary to constitute the crime charged