“WE DO NOT KNOW WHAT THE LEGISLATURE HAD INTENDED BUT SURELY WE KNOW THE ENACTMENT “
Classification of Crimes
•The Crime of Misdemeanors • Overview of Aiding and Abetting or Accessory • Overview of Arson • Overview of Assault and Battery • Overview of Bribery • Overview of Burglary • Overview of Child Abuse • Overview of Child Pornography • Overview of Computer Crime and Data Theft • Overview of Conspiracy • Overview of Credit/Debit Card Fraud • Overview offensive Conduct • Overview of Domestic Violence • Overview of Drug Cultivation , Manufacturing, Possession , Consumption and Trafficking • Overview of Embezzlement • Overview of Extortion • Overview of Murder • Overview of Forgery • Overview of Hate Crimes • Crime of Identity Theft • Crime of Indecent Exposure • Crime of Insurance Fraud • Crime unintentional Manslaughter • Crime of Kidnapping • Crime of Money Laundering • Crime of Perjury • Crime of Prostitution • Crime of Pyramid Scheme • Crime of Rape • Crime of Robbery • Crime of aggravated Murder • Crime of Securities Fraud • Crime of Sexual Assault • Crime of Stalking • Crime of Tax Evasion/Fraud • Crime of Telemarketing Fraud • Crime of Theft • Crime of Fraud
SOME BASIC RULES
Relations between the words of a statute
- ejusdem generis;
- noscitur a sociis;
- expressio unius est exclusio alterius;
- casus omissus
Relation of the words in a statute to outside materials
- plain meaning rule;
- when two statutes are in conflict, the latest in time prevails
1. Distribution of power between the legislature and the courts.
2. Distribution of responsibility between the legislature and the courts
3. Creation of certainty in the law
4. To change and adapt the law to new and unforeseen conditions
5. To decide the controversies of litigants before the courts.
6. Judges should make law when necessary to the ends of justice.
7. The Relative Merits of Legislatures and Courts as Lawmakers
THE WAY OF INTERPRETATION
- Who Should Create and Define Crimes?
- Who Does Create and Define Crimes?
- Common law crimes.
- Three approaches: Textualism, intentionalism, and dynamism of interpretation.