Transcription of CHAPTER 1 - OVERVIEW I. LOCAL …
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CHAPTER 1 - OVERVIEW I. LOCAL …
CIRCUIT COURT CLERKS' MANUAL - CRIMINAL. OVERVIEW PAGE 1-1. CHAPTER 1 - OVERVIEW . I. LOCAL PRACTICES/ LOCAL RULES/JUDICAL PREFERENCES. To be updated in the future. II. CRIMINAL LAW. In order to discuss criminal law, it is helpful to begin with a definition of a crime. There are many philosophical and technical definitions of a crime. Professor Jerome Hall defined a crime as legally proscribed human conduct causative of a given harm which conduct coincides with a blameworthy frame of mind and which is subject to punishment by the State. A less scholarly but more manageable definition of a crime is an offense committed by a person against society and its laws. An orderly society requires the existence of rules of conduct and enforcement of those rules. Unlike civil law, the purpose of which is to make a wronged person whole again through specific performance or monetary compensation by the wrongdoer, criminal law is intended to deter behavior deemed detrimental to society and to deal fairly with those who misbehave.
The Supreme Court may, in its discretion, on motion of the Court of Appeals or on its own motion, certify an appeal which was filed with the Court of Appeals for review
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