Criminal Law: Exam 1

2.2 Procedural Criminal Law: -____ amendment often said to guarantee the right of privacy and is the major source of much of the procedural criminal law dealing with law enforcement activities in crime investigation. Constitutional restrictions on searches, seizures, and detention of persons suspected of an charged with violations of the criminal law are governed by principles stemming from this amendment -US constitution prohibits legislatures from enacting bills of attainder and ex post facto laws -_____ ___ _____- a special legislative enactment that declares a person or group of persons guilty of a crime and subject to punishment without trial -____ ____ _____ _____- a law that (1) makes criminal an act done before passage of the law against it and punishes such action; (2) aggravates a crime or makes it greater than it was when committed; or (3) inflicts a greater punishment than the law imposed or allows evidence of guilt that is less than what the law required at the time the offense was committed -The due process clauses of the 5th and 14th amendments require that the law provide _____ _____ - the due process requirement that people are entitle to know what they are forbidden to do so that they may shape their conduct accordingly --The right to "____ ____" means that the law must clearly define the precise conduct that is prohibited - so, statutes that are written ambiguously or in which the words are vague (subject to different interpretations by different people) also violate the constitutional requirement of due process

4th, Bill of attainder, Ex post facto law, fair notice, fair notice

2.3 Substantive Criminal Law and Individual Due Process Rights: -____ amendment use of proportionality (the constitutional principle that the punishment should fit the crime, expressed in the 8th amendment's cruel and unusual punishment clause) - this proportionality requirement affects: the grading of offense, the imposition of the death penalty, and the assessment of the validity of terms of imprisonment -Limits on the death penalty b/c of the 8th Amendment: --_____ v. _____ (1977) - the Court held that death was an excessive penalty for the rape of an adult woman --______ v. ______ (1982) - the Court struck down the death penalty for unintentional killings --______ v. _______ (1988) - the Court ruled that the death penalty cannot be imposed on a defendant who was less than 16 years old at the time of the offense --______ v. ______ (2002) - the Court held that execution of a mentally handicapped person categorically violated the 8th Amendment --______ v. _______ (2005) - the Court found that the execution of minors under the age of 18 constituted cruel and unusual punishment --______ v. _______ (1972) - was a criminal case in which the USSC invalidated all death penalty schemes in the US -The right of ______ is not expressly mentioned in the Constitution, although the USSC has held that it is implied in: the first amendment right of free association, the third amendment dealing with the quartering of soldiers in private homes, and the fourth amendment ban on unreasonable searches and seizures -The right of privacy includes the right to be let ____, to be free from unwanted ______, and to live w/o unwarranted ________

8th, Coker v. Georgia, Edmund v. Florida, Thompson v. Oklahoma, Atkins v. Virginia, Roper v. Simmons, Furman v. Georgia, privacy, alone, publicity, interference

4.1 The Role of Accomplice: -In criminal law, people other than the principal criminal actor can be held accountable for criminal conduct --_______- someone who knowingly and willingly associates in the commission of a criminal offense and who intentionally assists another in the commission of a crime -Accomplices are said to aid and abet another in the commission of a crime when they assist or facilitate that person in accomplishing the crime --____ ___ ___- to assist or facilitate a person in accomplishing a crime -Accomplices are held criminally ________ for their actions -One who is an accomplice can be held liable for an underlying criminal act w/o actually committing that underlying criminal act --______ ______- the accountability of one individual for the criminal acts or acts of another -Accomplice liability is also referred to as _______, does not constitute an independent criminal offense. Accomplice liability ensures that a person who is affiliated with criminal activity does not go unpunished -The criminal law holds an accomplice accountable to the same extent as a principal actor. This accountability is justified because an accomplice: intentionally participates in the criminal goal, voluntarily identifies with the primary actor, and willingly consents to the same liability -The theory of ______ ______ holds a person who is intimately connected with a crime responsible for the criminal act, even if he or she did not physically participate in its commission

Accomplice, aid and abet, responsible, Accomplice liability, complicity, moral culpability

4.2 Actus Reus of Accomplice Liability: -For accomplice liability, some act or conduct that contributes to the commission of a crime for actus reus - either affirmative act or by an omission -_______ act may be either physical assistance of psychological influence --_____ _____ in the commission of a crime is the clearest form of accomplice liability (casing the scene of the crime, masterminding the crime, providing a weapon to use during the crime, preventing help from reaching an intended victim, or driving the getaway car) --______ ______ comes in the form of words of encouragement, assurance by being present at the scene of a crime and being ready to offer assistance if necessary, or provoking someone to commit a crime -A person who "blends in" with a crime scene by not physically assisting w/ the commission of a crime is still an accomplice if there is a prior understanding that his or her presence indicates a willingness to assist if necessary -If a person aids another in the commission of a crime, there is not requirement of a certain level of aid. Any kind of aid, no matter how trivial, made toward the commission of an offense establishes accomplice liability. Even psychological support can be enough to establish accomplice liability if it aids or facilitates the commission of the crime -Failure to act to prevent another form commiting a crime (known as an omission) can be basis for complicity if the person has a legal duty to act or intervene

Affirmative, Physical assistance, Psychological influence

1.2 Criminal Law in the U.S.: -Jeremy ______ - utilitarian legal philosopher; reorganized the law of crimes according to the amount of social harm they caused -Purpose of criminal law -> prevent and control crime -> does this by sanctioning behavior that violates criminal law -________ or _________ - the question of what conduct to sanction -______ Criminal Law - consists of those laws, mostly statutory that define what constitutes criminal conduct subject to prosecution by the state and set forth the punishment for such criminal acts --Liability is mental and physical --Ex: Definition of robbery and the punishment -_______ Criminal Law - dictates the methods and the means by which the state proceeds, through the police, public administrators, and the courts, to enforce rights or duties of the substantive law --Ex: The arraignment for the robbery -Elements of a crime: --1)_____ _____- a willful unlawful act --2)_____ ______- a guilty mind-> does not require intent to violate the law, but rather the intent to commit the act that the law prohibits --3)A _______ of act and intent --4)The occurrence of _____ to a person, property or society --5)A ______ relationship between the criminal act and the harm

Bentham, Criminalization, decriminalization, Substantive, Procedural, actus reus, mens rea, concurrence, harm, causal

Class Notes: -________- property, property crime --Entering a structure with the intent to commit a theft or felony --Intent is the primary aspect of this crime --Once entered, the crime is completed -_______- person, violent crime --Theft, Force/Fear --Property of another --Taking of the property of another either through force or fear -Still could have taken step to prevent the action but still not the victim's fault in crimes -Crime is detected -> law enforcement takes action -> arrest -> booking/processed into jail for record of that arrest -> take evidence give to filing deputy (attorney general, or grand jury) who has 100% choice of the charges filing, decline, or further (possible case come back with more) -> arraignment 48 court hours after arrest/ reading of the charges, arrested charges can be different or lesser -> --_______ arrest - taken into custody --Misdemeanor citations - tickets -Bill of Rights and Constitution - protection from government -4th Amendment - one of the most important --States can restrict this more than federal law; ex. Dog sniffing -5th Amendment - self incrimination, double jeopardy -Criminal misconduct - police --Citation, suspension, fired, case -14th Amendment - everyone due process and equal protection under the law -Bills of attainders - a special legislative enactment that declares a person or group of persons guilty of a crime and subject to punishment without trial -Ex facto laws - lawful today and the unlawful tomorrow, you can't go back and be arrested for it --(1) makes criminal an act done before passage of the law against it and punishes such action; (2) aggravates a crime or makes it greater than it was when committed; or (3) inflicts a greater punishment than the law imposed or allows evidence of guilt that is less than what the law required at the time the offense was committed -Constitutionally, laws need to be clear and specific - USSC will look at this sometimes

Burglary, Robbery, Custodial

Chapter 3 Objectives: -Differentiate criminal, tort, and moral responsibility --______ responsibility leads to the imposition of punishment, including the possibility of incarceration. _____ responsibility leads to monetary loss only, does not involve the stigma of being labeled a criminal, and involves a lawsuit by one party against another, not an action in the name of the public. _____ responsibility carries no legal consequences. -A _____ is punishable by imprisonment for more than a year or by death. A ______ is a crime usually less serious than a felony and is usually punishable by fine, penalty, forfeiture, or confinement in a place other than prison. A _____ ______ is a minor or insignificant crime. -The ____ ____ is the requirement for criminal culpability that consists of a willed, voluntary act that causes proscribed social harm -A ______, willed act occurs when a person does something as a matter of choice, as opposed to involuntary conduct such as a twitch or an epileptic seizure -The law imposes no criminal punishment for merely thinking about committing an act, as opposed to acting on the thought -______ constitute criminal acts in two situations. The first is when the law requires an act and a person omits doing the act, such as failing to file an income tax return. The second is when a person has an affirmative duty to act in some way, the person fails to act, and the failure causes a criminal result. An example of this would be child neglect -Words can constitute a criminal act when the words themselves constitute a threat that society views as a social harm that may lead to actual physical acts -Actual possession of a prohibited object can constitute a criminal act, such as possession of illegal drugs -To be criminally culpable, a person must perform a proscribed act with the accompanying mental state (____ ____) required for the crime, such as intent

Criminal, tort, Moral, felony, misdemeanor, petty offense, actus reus, voluntary, Omissions, mens rea

Chapter 3 Objectives: -______ intent usually means that the person intended to do the act that constitutes the actus reus of the crime. ______ intent usually means that the person intended to do an act for the purpose of doing some additional future act, to achieve some further consequences beyond the conduct or result that constitutes the actus reus, or with awareness of a statutory attendant circumstance -The doctrine of ______ intent is the legal fiction that holds a person criminally liable even when the consequence of his or her action is not what the person actually intended. If a person intends to harm one person but, by mistake, unintentionally harms another, the doctrine of transferred intent carries over to the harm committed against the unintended victim -A person acts _____ with respect to a result if it is his or her conscious objective to produce a certain result. A person acts purposely with respect to an attendant circumstance if he os she is aware of conditions that will make the intended crime possible, or believes or hopes that they exist. A person acts ______ with respect to a result if the person is aware that it is practically certain that his or her conduct will cause this result. A person acts knowingly with respect to conduct and attendant circumstances if the person is aware that his or her conduct is criminal or that attendant circumstances make an otherwise legal act a criminal one -A person acts ______ with respect to a material element if the person consciously disregards a substantial and unjustified risk that the material element exists or will result form his or her conduct. A person acts ______ with respect to a material element if the person ignores a substantial and unjustified risk of which he or she should have been aware that the material element exists of will result form his or her conduct. -The _____-___-_____ is the cause of the social harm in a criminal act that is determined by the but-for test. _____ cause is that cause, from among all of the causes-in-fact that may exists, which is the legal cause of the social harm -A crime requires a concurrence of the two elements of actus reus and mens rea. In other words, a prosecutor must prove that a defendant performed a voluntary act accompanied by the required mental state that cause the social harm in order to convict. This requirement has two elements: --The mens rea must have been present at the same moment in time that the accused did the act ( or omission) that caused the social harm --The concurrence must be _______ as well

General, Specific, transferred, purposely, knowingly, recklessly, negligently, cause-in-fact, Proximate, motivational

4.5 Relationship between the Principal Actor and the Accomplice: -3 complex situations that affect the actor/accomplice relationship --1) The primary actor's use of an innocent agent or instrumentality, in which case the primary actor is considered to be a principal (and not an accomplice) because the innocent agent could not form intent --2) Accomplice liability when the principal is feigning primary party, which means that the principal is not culpable for his or her involvement in the crime --3) Accomplice liability when the principal actor is acquitted; accomplices can still be liable for a crime even when the principal actor is acquitted for individual reasons -______ ____ ____ ______- an object, animal, or person who cannot be culpable under the law, such as an insane person or child, that is used by a principal to commit a crime --When the innocent agent is a person, that person physically commits the criminal act but does not act with criminal intent b/c he or she was coerced, forced, or tricked into committing the act --An innocent agent can be an responsible person, such as an insane person or a child, or even a normally functioning adult who simply does not know that he or she is participating in a crime --A person used as an innocent agent who has any of the following excuses will not be held liable for a criminal offense: insanity; infancy, or being younger than the minimum age at which one is considered able to form intent. At common law and under many current laws, children under the age of seven are considered unable to form intent. Under today's juvenile laws, children under the age of 16-18 (age varies on state) are considered unable to form the same intent as adults, but can be prosecuted through the juvenile justice system; duress. To commit an act "under duress" is to commit it against one's will --Person who uses an innocent agent to commit a crime is considered a ______, not an accomplice, b/c the innocent agent is not liable for the crime. Current law treats an individual who uses an innocent agent to commit a crime with the same level of culpability as if the user had physically committed the crime himself or herself.

Innocent agent or instrumentality, principal

3.5 Causation and Concurrence: -____ _____- a cause other than the defendant's conduct that contributes to the social harm -____ ______ _____- intervening causes that are either largely foreseeable or related to the defendant's conduct, so their existence still makes the defendant liable for the resulting social harm -____ ______ _____- is one that is deemed separate enough from the defendant's actions that it would be unfair to hold him or her responsible for its results -______ ____ ______- requirement for criminal liability that the accused performed a voluntary act accompanied by the required mental state that actually and proximately caused the prohibited social harm --1. _____ ____ must have been present at the same moment in time that the accused did the act (or omission) that caused the social harm --2. The concurrence must be ______ -The 1st requirement of concurrence, known as the _______ requirement, simply means that the accused must have had the required means rea at the same time that he or she did the voluntary act or omission. The fact that the defendant had the requisite mens rea at some other point in time does not satisfy the concurrence requirement -The 2nd requirement of concurrence, known as the _______ requirement, means that the motivation to commit a specific crime must be present.

Intervening cause, Dependent intervening causes, Independent intervening cause, Concurrence of elements, Mens rea, motivational, temporal, motivational

1.1 The Nature and Origins of Law: -_____ is a rule of conduct or procedure established by custom, agreement, or authority. Law, in its generic sense, is a body of rules of action or conduct prescribed by controlling authority and having binding legal force. -2 types of rules: (1) religious and moral values and (2) rules created by government to protect individuals and promote social welfare -Common law means law created by _____ opinion. The US and England share a common heritage in the common law of England. When the 13 colonies were established in America, and when the US gained independence, they adopted the common law of England. (judicial decisions) -______ law - law created through state and federal legislatures - replaced common law. (legislative decisions) --All criminal law is statutory law - crimes are defined by the legislatures of the states and the federal government -______ law - law that involves the violation of public rights and duties, creating a social harm --Crimes considered to be social harms that affect the entire community and must be punished by the community --What distinguishes criminal law from all other law is that the criminal law seeks to regulate acts that are contrary to the community interest of the social or government unit--federal, state, or local. Therefore, a criminal act, though usually aimed at a personal victim, is perceived as involving a social harm and is prosecuted on behalf of the public. -_____ law - law that deals w/ matters considered to be private concerns between individuals (personal injury, contracts, property, and administrative law) --Tort -> civil law violation; the civil law's equivalent of a crime. A wrongful act that results in injury and leaves the injured party entitled to compensation

Law, judicial, statutory, criminal, civil

4.5 Relationship between the Principal Actor and the Accomplice: -_____ ______- a crime that can be committed only through the actor's own conducted and cannot be committed by an agent --Many jurisdictions will not allow convictions for these -____ ______ ______- the principal pretends to have the required intent to be culpable of a crime, but does not actually possess this intent -_____-___ ______- tests for entrapment; (1) determines whether the offense was induced by a government agent, (2) determines whether the defendant was predisposed to commit the offense, (3) court looks at whether the defendant was ready and willing to commit the crime at any time before or after being encourage by the officer or agent - court looks at the defendant's willingness to commit the crime rather than the officer's wrongdoing -An accomplice could not be convicted of a crime unless the primary actor was also convicted --Old common law rule ended - various jurisdictions created statutes enabling prosecution of individuals for aiding and abetting another in the commission of a crime as long as the prosecutor could prove that a crime was actually committed - accomplice may be liable even when the principal is not identified or when a principal is acquitted --Though if the court finds the principal did not commit a wrongful act, the accomplice will usually escape liability -An acquittal of the principal b/c of an excuse defense does not morally excuse a criminal action, nor does it amount to a proclamation that the act is not wrongful. An excuse allows the principal to escape liability b/c: the law protects anyone who is part of a certain class from being prosecuted, the principal is not responsible for the conduct b/c he or she did not possess the requisite mens rea; the law provides a defense of some other excusing condition -A person who intentionally assists in a crime and intends that crime to be completed, even when the principal is excused, is culpable and faces liability as an _______

Nonproxyable offense, Feigning primary party, Sherman-Sorrels test, accomplice

2.2 Procedural Criminal Law: -______ Criminal Law - the rules governing how the criminal law is administered --Outlines the official mechanism through which ______ criminal law is enforced - It sets forth the rules and laws to be followed from the investigative stage of a crime to the arrest, trial, and sentencing of the defendant --The sources of procedural criminal law include Article ___ of the Constitution and the ___th, ___th, ___th, and ___th amendments ---___- unreasonable searches and seizures ---___- due process protection, protects against double jeopardy and self-incrimination, and requires grand jury indictment in federal cases ---___- established the right to counsel, the right to trial by an impartial jury, the right to a speedy and public trial, the right to confront opposing witnesses, the right to compel the attendance of witnesses favorable to the defendant, the right to present a defense--exculpatory evidence, and the right to notice of the nature and cause of the accusation ---___- due process and equal protection under the law -_______ ______- the multiple criminal justice procedures and processes that must be followed before a person can be legally deprived of his or her life, liberty, or property --Encompasses the multiple procedures and processes that must be followed before a person can be legally deprived of his or her life, liberty or property -_____ _____ - the constitutional provision that all people should be treated equally with respect to the practice dealt w/ by the law --All laws that make a distinction between persons based on race, ethnicity, gender, religion, sexual orientation, or national origin are subject to constitutional scrutiny, even when they are designed to rectify past discrimination

Procedural, substantive, 1, 4th, 5th, 6th, 14th, 4th, 5th, 6th, 14th, Due Process, Equal Protection

3.4 The Mental State: Mens Rea: -_____ _____- the intention to commit an act for the purpose of doing some additional future act, to achieve some further consequences, or with the awareness of a statutory attendant circumstance -____ _____- the intent only to do the actus reus of the crime, w/o any of the elements of specific intent -______ _____- a doctrine that holds a person criminally liable even when the consequence of his or her action is not what the actor actually intended (ex. Meant to shoot a rival gang member, shoot a little girl instead and kills her) -Transferred intent is sometimes called a "_____ ______" -_____ _____- when a person can be convicted of a crime w/o having any requisite mental state or intention to commit the crime (sale alcohol, sex w/ minor) -MPC Classifications of Mental States --Acting with purpose ---Purposely with respect to _____ ____ _____- when the actor has a voluntary wish to act in a certain way or produce a certain result ---Purposely w/ respect to _____ _______- when the actor is aware of conditions that will make the intended crime possible, or believes or hopes that they exist --Acting Knowingly ---Knowingly causes a _____- commits an act in the awareness that one's conduct will almost certainly cause this result ---Knowingly w/ respect to ____ ___ ____ ______- aware that one's actions are criminal or that attendant circumstances make an otherwise legal act a criminal one --Acting _______ ---Acting in a manner that voluntarily ignores a substantial and unjustified risk that a certain circumstance exists or will result form one's actions ----Consciously disregards the risk ----Jury required to look at the perspective of the accused individual to decide whether she should have known that her actions created a substantial and unjustified risk --Acting _______ ---Acting in a manner that ignores a substantial and unjustified risk of which one should have been aware ----Does the risk unknowingly ----Jury determines if negligent by deciding whether the risk taken would have been taken by a reasonable person in the same situation - if it would not have been taken - negligent

Specific intent, General intent, Transferred intent, legal fiction, Strict liability, result or conduct, attendant circumstances, result, conduct and attendant circumstances, Recklessly, Negligently

2.3 Substantive Criminal Law and Individual Due Process Rights: -_______ criminal law- the law defining acts that are criminal - defines criminal conduct and prescribes the punishment to be imposed for such conduct -The individual liberties, or substantive rights, specifically enumerated and expressly guaranteed within the Bill of Rights include: freedom of religion, speech, and assembly; the right to bring grievances against the government; the right to keep and bear arms; and protection against cruel and unusual punishment -_____ amendment rights - free exercise of religion, speech, and peaceable assembly -____ ____ _____ ____ _____- a test to determine whether a defendant's words pose an immediate danger of bringing about substantive evils that Congress has the right (and duty) to prevent -_____ _____- those which by their very utterance inflict injury or tend to incite an immediate breach of peace - threatens public peace or order by being so provocative that it is likely to induce a violent reaction -Other areas of potentially unprotected speech include hate speech, profanity, libelous utterances, and obscenity -____ _____ - federal, state, and local governments may enact laws and authorize enforcement activities that regulate the time, place, and manner in which an individual can exercise constitutionally protected rights, but these rights cannot be completely taken away or banned in the interest of the general public. They are balanced against the potential harm that might be caused to others in society -The right of the people to assemble publicly is not absolute because public assembly may threaten public safety, peace, and order, the government has the right to impose reasonable restrictions on the time, place, and manner of assembly

Substantive, First, Clear and present danger test, fighting words, police powers

4.3 Mens Rea of Accomplice Liability: -The act of aiding or assisting must be accompanied by the requisite mens rea, also known as intent or mental state, in order to establish accomplice liability. A person is an ______ if he or she: aids or assists another in the commission of a crime, possesses the intent to support or encourage the commission of the crime, and/or intends that the primary party commit the underlying offense -______, which is the mental state of intent, makes one liable as an accomplice --Ex. a storeowner sells a gun or explosive to an individual who he knows intends to use it in a criminal manner -All that is necessary is the required purpose to advance the commission of the criminal offense -Without the required mental state of purpose to advance the commission of a criminal offense, mere knowledge that one's act may facilitate a crimes does not necessarily establish accomplice liability -______ ______- when an individual knowingly aids another, but does not truly have a separate intent to aid in the commission of the underlying offense -_____ _______ or feigning accomplice- someone who intends for the principal to fail in his or her illegal venture and, because of this lack of causation, is not an accomplice --Individual has the requisite intent to assist, but does not have the additional intent that the underlying crime be complete successfully -Sometimes police officers have to use _______ of some kind in order to detect criminal activity that occurs between private people --Encouragement includes acting as the victim; encouraging the defendant to commit a crime, whether through actions or words; influencing the commission of the crime -________- when officers or agents of the government, for the purpose of instituting a criminal prosecution against a person, induce an otherwise innocent person to commit a crime that he or she had not contemplated -An _______ ____ gets involved with the criminal actions of a suspect who would have engaged in the criminal activity even if the agent provocateur had never been involved, whereas in _______, the officer induces a person to commit a crime that this person would not or could not have committed without the officer's aid or involvement -Ignorance of the law is generally not accepted as an excuse for accomplice liability --If a person encourages or aids another person in committing a crime, the aider is guilty as an accomplice even if he or she did not know the act was criminal

accomplice, purpose, Criminal facilitation, Agent provocateur, encouragement, Entrapment, agent provocateur, entrapment

Class Notes: -1st Amendment challenges to specific laws --Assemble, free speech, religion ---Can be unlawful assembly - riots, protests that get out of hand --Free speech - fighting words, profanity --Church - protestor show up middle of mass - private property, campus security to remove them/police --Protesting in a church is unlawful --Churches do, the public doesn't like - animal sacrifice/animal cruelty laws --Against religion to be treated, children - god's will to heal them - unlawful -8th Amendment --What constitutes cruel and unusual - disproportionate punishment when compared with the crime -Capital punishment - _____ ______ -_____ _____ - is a crime that carries the possibility of a death sentence. Crimes such as murder, treason, espionage, and terrorism are among the list of capital crimes -LWOP - life w/o parole -____ _____ ____ - somebody can't follow the rules, get them out of society; third felony have to go, too much trouble, felony crimes or violent crime --is a criminal sentencing structure in which significantly harsher punishments are imposed on repeated offenders. Three-strikes laws generally mandate a life sentence for the third violation of violent felonies. (1st two have to be violent, most times the 3rd is not) --Plead guilty to one the strikes to get another strike to go away -Non-violent felony - possession of narcotics, white collar crimes, fraud -Disparity in sentencing laws - cruel and unusual? --Crack cocaine - target of minorities to higher sentences -For a crime to be a crime it has to be _____ - codified law -> criminal law -Need actus reus and mens rea to converge - ______ - w/o no crime --I am going to run you over with my car - mentally --Look at text - accidentally ran her over ---No convergence -Saying I'm going to kill you - crime - Actus reus when you say it and mens rea think it -Omission laws have to be codified - pay taxes, feed kids -Police have no ____ to protect - only when it's codified -Only need actus reus - strict liability

death penalty, capital crime, 3 strike laws, codified, concurrence, duty

Chapter 4 Objectives: -An accomplice can aid and abet another in the commission of a crime in a variety of ways: offering words of _______, providing a ______ to be used during the offense, being a _____ during the criminal act, and driving the ______ car. -Under common law, all felons were subject to death. As the law changed, it developed accessory liability to allow gradation in the sentencing of felonies and to permit judges to punish accessories ____ severely than principals. Today, a ______ is someone who is present at the crime and participates in it in some way, or who uses an innocent agent (such as an insane person or a child) to commit the crime; an _______ is someone who aids in the commission of a crime without being present when the crime is committed. -An _______ act is any overt physical assistance, such as: casing the scene of the crime, masterminding the crime, providing information on the person or place to be attacked, preventing help from reaching an intended victim. An act of ______ is the failure to act to prevent another from committing a crime when the person has a legal duty to act or intervene. A common example is in child abuse cases, when one parent fails to report the abusive behavior of the other. -_______ is satisfied if the assistance facilitates the crime because an accomplice, by his or her actions (actus reus) and state of mind (mens rea), has chosen to adopt and share responsibility for the principal's criminal act -To be liable as an accomplice, one must act with the requisite mens rea, also known as intent or mental state. A person is an accomplice only if he or she: aids or assists another in the commission of a crime, possesses the intent to support or encourage the commission of the crime, and intends that the primary part commits the underlying offense

encouragement, weapon, lookout, getaway, less, principal, accessory, affirmative, omission, Causation

1.4 Operation of the Criminal Justice System: -The organization of the US govt. Is based on the principle of ______ - the system of government of the US whereby all power resides in the state governments unless specifically granted to the federal government --For this reason, the CJ system operates in ___ arenas: the 50 state governments and the federal government (which includes the District of Columbia) -The fundamental structure of the CJ system consists of law enforcement agencies, prosecution and defense attorneys, courts, and correctional institutions and agencies -An officer can arrest only if _____ _____ (evidence that there is a fair probability that the suspect committed a crime; required for an arrest of a suspect by a law enforcement officer) exists in felonies. For misdemeanors, an officer can arrest only for offenses committed in the officer's presence. -______ _____- a post-arrest, pretrial judicial proceeding at which the judge decides whether there is probable cause to prosecute the accused. In some jurisdictions, the preliminary hearing is minimal; in others, it is a mini-trial. Since many cases do not go to trial b/c of plea bargaining, this is often the only chance that officers have to offer testimony and present evidence against the accused. -_______ - the paper issued by a grand jury that charges an accused w/ a felony -______- the paper issued by a prosecutor that charges an accused of a felony -______ _____ _____- the defendant's appearance to respond formally to the charges -_____ ______ resolve a majority of all prosecutions filed

federalism, 51, probable cause, Preliminary hearing, Indictment, Information, arraignment and plea, plea negotiations

Class Notes: -Four places where our laws come from --Our ______ bodies write our laws/statute --_______ (case law) --Rules and regulations come from _______ bodies --_______ ---If we don't like orders coming through, elect someone else or pass a law through the legislative bodies to overrule the law -Types of laws -_____ ____ ____- wrong because it is just wrong, we know it is wrong without it being written down -_____ ______ _____- it is wrong because we were told it was wrong with it being written -_____ _____- someone has done wrong against society --Stealing from someone you are committing criminal and civil law --Something society determines wrong even if it happens to an individual -_____ _____- when you have done wrong to an individual --______- civil violation against an individual except for contracts ---Someone running a stop sign and hitting you -_______ _______- swift, severe, and certain --The reason we have crimes is to control society --We break laws down into felony, misdemeanor, and infractions --______- what can happen if you break a law ---_______- anything more than one year of incarceration of less than one year in jail or a fine ---_______- anything less than one year of incarceration or less than one year in jail or a fine ---________- are traffic violations which in general or limited to a fine

legislative, precedent, administrative, president, Mala in se, Mala prohibita law, criminal law, civil law, torts, Jeremy Bentham, expose, felony, misdemeanor, infractions

3.1 Classification of Crimes: -The classification of specific conduct as criminal has significance for two reasons. First, only crimes can result in loss of ______ through incarceration; civil offenses, in contrast, may result in _______ damages but not incarceration. -US Constitution and the constitutions of individual states require that special rights and protections be afforded to those accused of crimes -_______ defendants have many more protections than do those accused of civil or moral wrongs, because criminal defendants have considerably more to lose through criminal punishment -The burden of proof in a criminal trial is "beyond a reasonable doubt" but in civil trials is only "preponderance of the evidence" -______- an act or omission that the law makes punishable, generally by fine, penalty, forfeiture, or confinement; victim is the community as it is a social harm -Civil wrong can be classified as a _____ -______- a civil violation; the civil law's equivalent of a crime. A wrongful act that results in injury and leaves the injured party entitled to compensation. Or breach of contract or trust; wrong against specific individuals only, lawsuits -Civil liability (tort) is lesser than criminal liability -Can be charged in both courts for the same crime; criminal liability for the harm done to the community and civil liability with harm done to the individual or family (drunk driver)

liberty, punitive, Criminal, Crime, tort, tort

Class notes: -MO/ _____ ______ - how we do the crime -_____- why we do the crime -Mens rea - guilty mind -Proving _____ can be difficult -4 Mental States - Purposely, Knowingly, Recklessly, Negligently -_______- before or after the crime, helpers -______- anytime during the crime, principles are doers -____ _____ _____- if somebody dies during a felony it is murder --legal doctrine in some common law jurisdictions that broadens the crime of murder: when an offender kills in the commission of a dangerous or enumerated crime, the offender, and also the offender's accomplices or co-conspirators, may be found guilty of murder

modus operandi, Motive, intent, Accessory, Accomplice, felony murder rule

3.1 Classification of Crimes: -Not all ______ wrongful conduct is classified as criminally or even civilly wrong -______- serious crime, punishable by more than a year of imprisonment or death, sentences usually served in prison (homicide, rape, robbery, possession or distribution of illegal narcotics, white-collar crimes, and arson) -_______- less serious than felonies, punishable by fines penalties, or incarceration of less than one year, sentences usually served in local or county jail or alternative programs like boot camps/in-patient drug treatment programs(shoplifting and, disorderly conduct) -_____ ______- insignificant crime involving minor misconduct, punishable by fines and community service, protect the public welfare (traffic violations and other infractions) -Many jurisdictions have enacted laws that allow certain offenses to be prosecuted as either felonies or misdemeanors (wobblers), depending on the circumstances. Some factors that a prosecutor may consider in deciding whether to charge an offense as a felony or misdemeanor include: prior offenses, seriousness of the offense, number of victims, age of the perpetrator

morally, Felonies, Misdemeanors, Petty offenses

4.4 Extent of Accomplice Liability: -B/c accomplice liability requires a specific intent relating to the accomplishment of a target crime, and b/c it allows liability to extend to one person for the criminal acts of another, the extent of liability attributed to an accomplice is an important factor -Most states hold an accomplice liable only for the crime/s of the principal actor that the accomplice intended to aid or encourage -However, some jurisdictions hold accomplices to a greater responsibility and apply the _____ ____ ______ _______ ______ (a doctrine that holds an accomplice liable not only for the offense he or she intended to facilitate or encourage, but also for any natural and foreseeable additional offenses committed by the principal to whom he or she is an accomplice) --Liability not only extends to the actual crime contemplated by the accomplice but may also reach beyond the crime planned or intended --Reason for this doctrine is based on the belief that aiders and abettors should be held "responsible for the criminal harms that they have naturally, probably and foreseeably put in motion."

natural and probable consequences doctrine

Chapter 4 Objectives: -The ______ ____ _____ ______ doctrine holds an accomplice liable not only for the offense he intended to facilitate or encourage but also for any natural and foreseeable offense committed by the person he aids and abets. Therefore, an accomplice to a bank robbery is liable for any kidnappings or murders that result during the commission of the robbery, even if all of these additional crimes were committed by the principal. -When a primary party escapes liability because of membership in a certain class (such as the underaged or mentally infirm), a technicality, or priviledge, the accomplice will still be held accountable if the accomplice cannot also provide a personal excuse that releases him or her from liability. This is because the principal, although not punished, is still considered guilty and has escaped punishment for a personal reason that cannot be transferred to someone else. In other situations, however, when a principal is not held culpable, the accomplice is also relieved of criminal liability. One example is in cases of self-defense, when a defendant helps another person defend himself or herself against an illegal attack -_________ liability holds that accomplices are criminally responsible for their actions. One who is an accomplice can be held liable for an underlying criminal act, even though he or she did not commit that underlying criminal act. -________ liability requires the additional intent to agree to an ongoing criminal enterprise in which several crimes may be committed to achieve a particular lawful or unlawful goal. -Conspiratorial liability extends further than accessorial liability because a member of a conspiracy can be liable for crimes committed by coconspirators that the member did not participate in, agree to, or sometimes even know about

natural and probable consequences, Accessorial, Conspiratorial

1.3 Structure of the Criminal Justice System: -The criminal justice system can be viewed from at least 3 perspectives: as a social system, as a body of legal rules, and as an administrative system -The four basic police functions are ______, _______, ______, and _____ ________. -American criminal justice system is an ______ one - process by which guilt is determined is competitive, and the prosecution and defense are seen as adversaries, or rivals -US has a _____ _____ _____ consisting of the federal and state courts -Federal courts - includes trial courts in each state and 13 federal courts of appeal arranged by circuits -Parole service is an agency of the ______ ______ system -Probation services is an agency of the _____ system -The superior court, sometimes called the circuit or district court, is a court of ________ jurisdiction and has jurisdiction over felony trials

prevention, investigation, detection, court preparation, adversarial, dual judicial system, state correctional, court, general

4.1 The Role of Accomplice: -Common law rule separated accomplice liability into four categories. -First two categories center on the roles of the _____ (one who is present at and participates in the crime charged or who procures an innocent agent to commit the crime) -The second two categories turn on the roles of the ______ (one who aids in the commission of a crime w/o being present when the crime is committed) --Ex. An accessory would be one who furnishes the principal actor with the gun and masks to be used in a robbery or plans the details of how to commit the crime -1) _____ ___ ____ _____ ____ - usually the primary actor or perpetrator of the crime --He or she physically commits the criminal act or commits the offense by use of an innocent instrumentality - rob clerk at convenience store -2) _____ ____ _____ _____ _____- one who intentionally assists in the commission of a crime in his or her presence; such presence may be actual or constructive --_____ presence means physical presence at the scene of the crime --_____ presence is when an individual is within the vicinity of the crime and is able to assist the primary actor if necessary ---Ex. one who waits in the getaway car or who acts as a lookout is constructively present at the scene of the crime and would be a principal in the second degree -3) ______ ____ _____ ____- one who intentionally counsels, solicits, or commands another in the commission of a crime --Ex. Person who "cases" a bank to determine where the vaults are and provides the layout of the bank --Difference between a principal in the second degree and an accessory before the fact is that the latter is not present _____ the commission of the crime -4) _____ ____ ____ ___- one who intentionally aids another whom he or she knows has committed a felony, in order for the person assisted to avoid criminal prosecution and punishment --Ex. Might provide the principal or accomplices with a place to hide, a plane ticket to leave the jurisdiction in which the crime was committed, or a car in which to escape -Most modern state statutes classify an accessory after the fact as a separate crime and treat it as a less serious offense, carrying a lighter punishment

principal, accessory, Principal in the first degree, Principal in the second degree, Actual, Constructive, Accessory before the fact, during, Accessory after the fact

4.6 Issues in Accomplice Liability: -At common law, an accessory could not be convicted of a greater criminal offense than the offense for which the principal was convicted - expect criminal homicide -Today, no obstacle that prevents conviction of an accomplice for a more serious crime than that committed by the principal -The termination of complicity must be made _____ to commission of the crime. Accomplice either "wholly deprive [the aid] of effectiveness in the commission of the offense; or give timely warning to the law enforcement authorities or other wise make proper effort to prevent the commission of the offense." -______- a partnership in crime, defined as an agreement between two or more people to achieve a criminal purpose or to achieve a lawful purpose using unlawful means. Also called a common criminal enterprise --Can involve an _____, organized criminal activity, such as illegal gambling, distribution of drugs, or a series of robberies --Is continuous and open-ended, several crimes may be committed during the course of the activity in order to achieve the criminal goal -Criminal liability based on a conspiracy theory differs from accomplice liability in that to be guilty of conspiracy, the perp. Must actually agree to the ongoing criminal enterprise, not just to single crimes --It can impose broader criminal responsibility on those involved in a criminal plot --Co-conspirator is liable for the acts of his or her partners in crime for any criminal conduct engaged in by any one of them that is perpetrated during the course of and in furtherance of the conspiracy -_____ _____- that all conspirators act as the agents of (and represent) their co-conspirators involved in a criminal scheme and are liable for all criminal acts committed by any other co-conspirators -All that is necessary for conspiracy is an ______ and any overt act in pursuance of the conspiracy by any of its members -Someone who agrees to the conspiracy will be liable for the criminal acts of any co-conspirator even if he or she does not know that a crime was committed, does not agree to that particular crime, or does not know the other participants in the conspiracy -______ ______- the doctrine that holds a person associated with a conspiracy responsible for any criminal act committed by a co-conspirator if the act is within the scope of the conspiracy and is a foreseeable result of the criminal scheme

prior, Conspiracy, ongoing, Agency theory, agreement, Pinkerton doctrine

4.2 Actus Reus of Accomplice Liability: -An accomplice must still act with the requires mens rea; in other words, an omission must be accompanied with the intent to facilitate the actor in accomplishing the crime --Common example is a parent's failure to intervene to prevent a crime against his or her child -MPC has stricter requirements regarding liability. It requires a person to act with the _____ of promoting or facilitating a crime in order to be held liable as an accomplice by an act of omission -Under MPC, accomplice liability rests on _______- "A person is guilty of an offense if it is committed by his own conduct, by the conduct of another person for which he is legally accountable, or both." -MPC states a person is an accomplice if he or she: --1) ______ another to commit a crime --2) "_____ or agrees or attempts to ____ such other person in planning or committing" a crime --3) has a _____ ____ to prevent the commission of a crime, but "fails to make proper effort to do so." -Prosecution needs only to prove that a criminal act was committed and that the person being charged as an accomplice somehow _____ in the commission of the crime -______ ______- sometimes assistance is not accepted, not needed, or does not help the perpetrator in committing the crime --Means in order for one to be liable as an accomplice, one's conduct must in fact assist or facilitate the crime, and not merely attempt to do so

purpose, accountability, solicits, aids, aid, legal duty, assisted, Ineffectual assistance

3.5 Causation and Concurrence: -Causation is an ingredient of the actus reus requirement for all criminal culpability, it is only an issue in the case of _____ ____ (crimes that cause a specific result). Ex is homicide. Inchoate offenses and possessory offenses are not result crimes --There are 2 steps in determining whether an act caused a specific result: ---1)The accused person's act must be the ________ of the result ---2)If it was, then the accused person's actions must also be the _______ cause of the result ----If both conditions are satisfied, the accused can be said to have caused the result -To determine whether the defendant's actions were the cause-in-fact of the result, courts apply the _____ test. This test asks, "But for the defendant's conduct, would the social harm have occurred when it did?" In other words, would the result have occurred if the defendant had not acted? --_________- the cause of the social harm in a criminal act, as determined by the but-for test --____-____ _____- the test that asks the question whether the result would have occurred if the defendant had not acted -_____ ____- That cause, from among all of the causes-in-fact that may exist, that is the legal cause of the social harm

result crimes, cause-in-fact, proximate, but-for, Cause-in-fact, But-for test, Proximate cause

1.2 Criminal Law in the U.S.: -Criminal law is a matter of _____ jurisdiction (each state different), federal criminal law apply only to federal jurisdiction -The Principle of _______- the principle that no one can be punished for an act that was not defined as criminal before the person did the act. If a court declares conduct criminal that has not previously been defined as criminal, then the principle of legality is violated. (Core concept of the American CJ system) --"No crime w/o law, no punishment w/o crime" --Has 3 corollaries: ---1) Criminal statutes should be ________ to reasonable law-abiding people ---2) Criminal statutes should be crafted so as _____ to delegate basic policy matters to police, judges, and juries for resolution on an ad hoc and subjective basis ---3) Judicial interpretation of ambiguous states should "be biased in favor of the ______" -_____ _____ _____ (MPC) - a comprehensive recodification of the principles of the principles of criminal responsibility, drafted in reliance upon existing sources of the criminal law including codes, judicial opinions, and scholarly commentary. Though not adopted in any state, it has affected a reform of the criminal law in a majority of states, and it stands as a model for the reform of principles of American criminal responsibility. --Generated a systematic reevaluation of the criminal law in the nation - caused adoption of revised criminal codes in some states --Stands as a model for the reform of principles of American criminal responsibility

state, Legality, understandable, not, accused, Model Penal Code

Chapter 2 Objectives: 1) Both state and federal courts determine whether a legislative enactment violates a constitutional prohibition, but in different capacities. _____ courts can enforce both federal constitutional principles and state constitutional principles in state cases. ______ courts can enforce federal constitutional principles, which are principles relating to the US Constitution 2) Constitutional subjects relating to the substantive criminal law include: --The principle of _____ (which includes the prohibition of bills of attainder and ex post facto laws). --A number of rights specifically enumerated in the ____ ____ ___, including freedom of religion, speech, and assembly; the right to keep and bear arms; due process; and the prohibition against cruel and unusual punishment --The right to ______ and ______ protection of the law 3) The only crime defined in the U.S. Constitution is _______ 4) The rights enumerated in the Bill of Rights that specifically limit the government's ability to prohibit and punish crimes are: --Freedom of religion, speech, and assembly, as protected by the ____ Amendment --The right to keep and bear arms, as protected by the _____ Amendment --The _____ Amendment's due process clause, as it relates to the vagueness of overreaching qualities of a criminal statute --The ______ Amendment's ban on cruel and unusual punishment, especially as it relates to the death penalty 5) Three categories of unprotected speech are speech that violates the ____ and _____ danger test, speech advocating ______ conduct, and _____ words 6) Three areas of personal privacy that may be protected by the Constitution from statutory interference by the government are the availability of contraceptives and contraceptive devices for single or married persons, the right of a woman to choose to terminate her pregnancy through abortion, and private consensual sexual activity.

state, federal, legality, Bill of Rights, privacy, equal, treason, first, second, fifth, eighth, clear, present, unlawful, fighting

2.1 Criminal Law and the U.S. Constitution: -American criminal law is mostly ______, with courts interpreting the meaning of the penal codes when necessary -Implementation of all criminal laws must be consistent with the _____ Constitution and the constitution of the _____ in which the law is enacted and applied -Laws may be declared ________ if they violate any of the following: any dictate of the main body of the federal Constitution, any federal constitutional amendments, any provision of the constitution of the individual states -Criminal statues may be unconstitutional in either of two ways: (1) because of their content, known as a violation "on its face." and (2) because of the way in which they are enforced by government officials, known as a violation "by application" or "as applied" -Article _____ of the US Constitution gives the power to determine the constitutionality and validity of a law to the federal courts

statutory, federal, state, unconstitutional, III

1.4 Operation of the Criminal Justice System: -There are only 3 bases for dismissal of charges: --1) the crime charged is not a _____ of the jurisdiction's law --2) the _____ asserted in the indictment or information, even if true, do not constitute the crime charged --3) no reasonable jury could find the facts ______ on the basis of the evidence presented at the preliminary hearing -An accused in a criminal case has a constitutional right to trial by jury for any crime for which the possible sentence is more than ___ months in jail or prison. But can waive and have the trial before the judge alone -More than ____% of appeals do not succeed -The bases for appeal of a criminal conviction on substantive grounds are limited to four possibilities: --1) the charge on which the accused was convicted is not a ____, either because the legislature did not proscribe the conduct or because the proscription is unconstitutional --2) the evidence was _______ to support a finding of fact on all the elements of the crime beyond a reasonable doubt --3) not all of the necessary ______ of the crime were alleged --4) the jury was improperly _______ -_____ ____- literally, "you have the body." a legal action separate from the criminal case, it can be brought only by a prisoner who has exhausted all the usual appellate remedies -____% of all felony cases are resolved in plea bargains -A defendant who may be sentence to more than 6 months in jail or prison is entitled to an ______ whether or not he or she can afford one

violation, facts, alleged (claimed), 6, 80, crime, insufficient, elements, instructed, Habeas Corpus, 90, attorney

3.3 The Physical Act: Actus Reus: -Actus reus consists of a ______ action - must possess sufficient free will to exercise choice and be responsible for his conduct -Mental infirmity or extreme youth can diminish a person's criminal responsibility, along with being forced at gunpoint -Cannot be punished for thinking about committing a crime. Only when you act on it -Actus reus usually involves a physical act but can also be guilty of a crime by failing to act (ex. Child neglect) -______- narrowly defined circumstances in which a failure to act is viewed as a criminal act -Most cases, the actus reus requirement for criminal liability is satisfied by overt, willed physical acts. In other cases, it is met by specific omissions. In still other cases, under certain circumstances, mere words can constitute the actus reus. Such words are so offensive that they can constitute a threat or cause further physical actions that society views as a social harm -_____ _______- criminal offenses in which the law defines possession as an act, criminalize the possession of certain items or substances 3.4 The Mental State: Mens Rea: -____ ____- intent or culpability; mental state that a person has at the time that he or she performs the acts that constitute the commission of a crime -_____- the emotion that prompts a person to act. It is not an element of a crime that is required to provide criminal liability, but it is often shown in order to identify the perpetrator of a crime or explain his or her reason for acting -No matter how much motive exists and can be shown, there is no culpability unless there is proof of the criminal actor's purpose to achieve the desired result -Mens rea may be satisfied in different ways for different crimes, or even for the same crime. The mens rea requirement for murder in many jurisdictions is malice aforethought, a form of mens rea that can exist in four different mental states: --1. A _____ intent to kill --2. An intent to inflict serious ______ injury --3. A wanton disregard for _____ life --4. The commission of a dangerous _____

voluntary, Omissions, Possessory offenses Mens rea, Motive, specific, bodily, human, felony