Criminal Law: Exam 2

5.1 Attempted Crimes: -The Six Stages of Committing a Crime 1. Conceives the idea of committing the crime 2. Evaluates the idea, considering whether or not to proceed 3. Forms the intention to go forward 4. Prepares to commit the crime--ex. Obtaining a gun 5. Commences commission of the offense 6. Completes the action, achieving the goal -Only after the _____ stage is a person liable for criminal punishment under Anglo-American law -The legal definitions of inchoate crimes such as attempt, conspiracy, and solicitation require that the perpetrator advance past the third stage described above -Historical Development --Attempt was not recognized as a crime before the late 1700s --Rex v. _______ - 1784 - first recognized the crime of attempt. Court found that the completion of a criminal act was not necessary to constitute criminality --Rex v. _____ - 1801 - the idea that attempt was itself a crime was recognized. Common law adopted the widespread principle that an attempt to commit either a felony or a misdemeanor was itself an indictable crime, usually a misdemeanor -Today --MPC - a person is guilty of attempt to commit a crime if, acting with the kind of culpability otherwise required for the commission of the crime, he or she: ---Purposely engages in conduct that would constitute the crime if the attendant circumstances were as he or she believes them to be ---When causing a particular result is an element of the crime, does or omits to do anything with the purpose of causing or with the belief that it will cause such result w/o further conduct on his or her part ---Purposely does or omits to do anything that, under the circumstances as he or she believes them to be, is an act or omission constituting a substantial step in a course of conduct planned to culminate in commission of the crime

4th, Scofield, Higgins

Questions: Reese lit a match with an intent to set fire to a building but did not go ahead with setting fire to the building. Is he guilty of attempted arson? -A) Yes, b/c he had a specific mens rea to commit arson -B) Yes, b/c he had both the mens rea and actus reus -C) No, b/c he lacked the specific intent to commit arson -D) No, b/c he only had a general intent to commit arson Identify the factors used to determine when a person has met the dangerous proximity test's requirements. (Check all that apply) -A) Closeness of danger -B) The relationship between the accused and the potential victim -C) Significance of harm -D) The completion of the crime -E) The level of apprehension felt by a potential victim A defendant cannot be held liable for the crime of attempt unless he has ___________. -A) fully understood and has prior knowledge of the consequences of his action -B) committed some act to further his or her plan to commit a substantive offense -C) a specific intent to harm the society -D) the mens rea of intent to kill Under the reasoning of the MPC, the intent requirement can be met even though a defendant may not have desired or wanted a particular result, it can be shown that the defendant _________. -A) had a mens rea of recklessness -B) act with a substantial certainty that a certain result would occur -C) had a mens rea of negligence -D) acted with a certainty that there would be no consequences

A A, C, E B B

Questions: Identify the principle features of indeterminate sentencing a) parole boards with the power to release a prisoner before completion of the maximum sentence imposed by the judge b) the grant of great discretion to the trial judge to fashion a sentence for an individual defendant c) the state's legislature fixing either the exact penalty for the crime of a minimum number of years that the defendant must serve d) abolishing parole boards and creation of presumptive sentencing ranges for various classes of offenses Identify a true statement about mandatory sentences a) they provide for early release of all offenders b) they provide for enhanced sentencing of repeat offenders c) they may be found in both determinate and indeterminate sentencing systems d) they abolish parole systems or any other correctional institutional systems Identify a benefit that the utilitarian may see in vengeance a) it incapacitates the offender b) it is punishment for punishment's sake c) it satisfies victims, their families, and friends d) it reforms the offender The three-strike and you're out laws effectively adopt the ______ justification for punishment a) reform b) vengeance c) incapacitation d) general deterrence

A, B C C C

6.1 Types of Defenses: -____ ______- (true defense) a defense in which the defendant admits to the existence of all of the necessary legal elements for criminal liability, but offers one or more legally recognized reasons why he or she should nonetheless be acquitted -Another way to classify defenses is as with mitigating or complete --______ defense reduces the level of offense for which the defendant may legally be convicted, Ex. murder to manslaughter --______ defense, if successfully established by the defense and not disproved by the prosecution, results in an acquittal of any wrongdoing -Justification vs. Excuse as the basis of a defense --Justified and excused actors are treated the same by the CJ system --Criminal defendants who successfully assert either type of defense are acquitted of the offense and are not punished for their conduct. -_______- a defense in which the criminal actor has committed an unjustified crime, but there is a reason for not holding him or her personally accountable for it (ex. Self-defense) -_____- a defense in which the criminal actor has committed an unjustified crime, but there is a reason for not holding him or her personally accountable for it (ex. Mental illness/insanity) -Four reasons to distinguish between justified and excused: for moral guidance, and to determine criminal responsibility with respect to questions of retroactivity, accomplice liability, and third-party conduct.

Affirmative defense , Mitigating, complete, Justification, excuse

5.1 Attempted Crimes: --_____- when a person, with the intent to commit an offense, performs any act that constitutes a substantial step toward the commission of that offense --An attempt to commit a substantive crime is usually classified as a lesser crime than the target or object offense --An attempt to commit a felony is usually treated as a felony but is punishable to a lesser degree than the underlying substantive offense --An attempt to commit a capital crime or a crime punishable by life imprisonment is usually punishable by a specific number of years of imprisonment -Attempt is a ______ intent crime, even if the underlying substantive offense is a general intent crime -One of the biggest problems in imposing criminal responsibility for an attempt is determining when a suspect has crossed the line from mere preparation or planning -Only prohibited criminal conduct justifies prosecution for the crime of attempt

Attempt, specific

Questions: Identify a true statement about the unequivocally test -A) Under this test, the defendant has to take the very last step toward the commission of an offense to be criminally culpable -B) Under this test, the defendant's conduct clearly indicates a criminal intent -C) Under this test, the defendant needs to have a mens rea of intent to kill to be criminally culpable -D) Under this test, the defendant's conduct clearly indicates an innocent intent Attempts to pick an empty pocket can be treated as _______ that result in liability for attempt, and these are equally capable of being classified as _______, which result in no liability -A) pure legal impossibility; genuine impossibility -B) factual impossibility; legal impossibility -C) genuine legal impossibility; factual impossibility -D) genuine legal impossibly; "hybrid" legal impossibility Identify a true statement about multiple counts of attempt -A) it requires only the intent to harm and not the actus reus -B) it can arise from a single act that goes beyond mere preparation -C) It cannot arise w/o the possession of an indispensable element of the commission of the crime -D) It can arise from multiple acts that are in the preparation stage only Identify a true statement about pure legal impossibility -A) The defendant can be convicted b/c his or her end result constituted a crime -B) The defendant cannot be convicted b/c he did not have the means rea required for the resultant crime -C) The defendant can be convicted b/c he had the mens rea to commit the crime -D) The defendant cannot be convicted b/c the result, if achieved, would not be a crime

B B B D

Questions: Identify a true statement about conspiracy -A) The federal law does not impose stiff penalties for conspiring to commit offenses -B) The rime focuses primarily on the mens rea of the defendants, rather than the actus reus -C) Conspiracy only punishes people for carrying out the deed rather than meeting and reaching an agreement about committing a crime -D) The accused needs to be charged with a substantive offense to be convicted of conspiracy Identify the elements of mens rea that are required for conspiracy -A) The parties must ensure that only one person is involved in the conspiracy -B) The parties must have the specific intent that the object of agreement be achieved -C) The parties must perform a specific physical act -D) The parties must have intent to agree The proof of the existence of conspiracy can only be inferred from the ___________. -A) lack of conspiracy -B) act of attempt -C) act of solicitation by the defendant -D) proof of conduct of the defendants T/F: Abandonment or withdrawal from a conspiracy is a valid defense even is the offense is complete.

B B, D D False. Abandonment or withdrawal from a conspiracy cannot be a defense once the offense is complete

Questions: Tom attempted to commit arson by lighting a building on fire but realized that the fuel he bought to pour on the buildings just water. This is most likely an example of _______. -A) legal possibility -B) genuine legal impossibility -C) factual impossibility -D) "hybrid" legal impossibility Identify the reasons that are not valid defenses for abandonment -A) When the defendant was unable to carry out the attempt because of some logistical reasons -B) When the defendant stopped the commission of an attempt -C) When the defendant had a change of hear on his or her own b/c of a sincere belie that furtherance of the act is wrong -D) When the defendant did not carry out the attempt because the law enforcement intervened Identify the reasons why many jurisdictions recognize abandonment as a defense to the crime of attempt. (Check all that apply) -A) The defense allows an actor to undo his criminal plans by renunciation and avoid punishment based on the principal of the natural and probable consequences doctrine -B) The defense may encourage an actor to plan the same crime with better logistics -C) The defense may deter an actor from continuing the plan to commit a crime -D) By abandoning plans to commit a crime, an actor shows that he or she does not threaten the safety of the public in the same way as someone who continues plans to carry out a crime Identify a true statement about a solicitor of crime -A) The solicitor can be criminally liable if he or she expressed a vague desire that an act be committed -B) All modern jurisdictions require that the solicitor have an actus reus of committing a crime -C) All modern jurisdictions require that the solicitor have a mental state of desiring that the crime be carried out -D) The solicitor can be criminally liable if he or she hoped that someone else will decide on his or her own to commit a crime

C A, D C, D C

Questions: A shifting burden of proof between prosecution and defense is generally recognized as the primary means of establishing a(n) _____. a) dissenting defense b) negating defense c) affirmative defense d) unprovable defense _____ is commonly used to mean any set of identifiable conditions or circumstances that may prevent a conviction for an offense. a) entrapment b) embezzlement c) defense d) retaliation _____ is considered a defense based on justification. a) necessity b) diminished capacity c) age of the actor d) insanity The _____ holds that the jury need not be absolutely certain of the defendant's guilt; absent a successful legal defense, reasonable certainty is sufficient to convict. a) proved defense b) true defense c) burden of proof d) failure of proof

C C A C

Review: -_____- two or more people planning, agreement, and a substantial step of a crime --Substantial step can be completed by any of the parties, all conspirators then --Pinkerton doctrine -_______ --self-defense, defense of others, defense of property and habitation, crime prevention and law enforcement, and necessity --I did it, but it's not illegal the way it went down -_______ --age/infancy of the actor, duress, intoxication, insanity, diminished capacity --I did it, but it's okay bc I'm not liable -Necessity, reasonableness, proportionality - key aspects of _______ -Levels of Contact for Law Enforcement --______ ______- set of articulable facts that would lead a reasonable person to believe that a crime will be committed or will be committed - can detain ---Not enough to arrest ---Can stop a crime before it begins with an arrest --For an arrest need _____ ____ (fair probability that the crime occurred) --Conviction - need to have ______ ____ ______ _____ -Not going to find the crimes we charge everyday in the Constitution -Bill of Rights - 1st, 2nd, 4th, 5th, 6th, 8th --There are limits to free exercise of religion, speech, and public assembly -____ _____- is an Act of the United States Congress that mandated federal background checks on firearm purchasers in the United States, and imposed a five-day waiting period on purchases, until the National Instant Criminal Background Check System (NICS) was implemented in 1998. The act was appended to the end of Section 922 of title 18, United States Code. The intention of the act was to prevent persons with previous serious convictions from purchasing firearms -Two types of law - criminal (punishments/want to punish) and civil (monetary/want to fix something) -Plea bargaining - prosecutor offer a lower sentence/punishment to defendant -3 strikes laws - incapacitate them -Zero tolerance law - mandatory sentencing

Conspiracy, Justifications, Excuses, self-defense, Reasonable suspicion, probable cause, beyond a reasonable doubt, Brady Bill

Chapter 5 Objectives: -Explain when the crime of solicitation can be charged --Solicitation is a crime only if the crime solicited has not been completed, attempted, or agreed to. This is because when any of these other three situations occur, the solicitor and solicited party become liable for other criminal acts instead. ---If the person solicited agrees to commit a crime, then both the solicitor and the party solicited are criminally liable for conspiracy ---If the person solicited attempts to commit the crime, then both parties are criminally liable for attempt ---If the person solicited completes the crime, then both parties are criminally liable for the completed crime, the solicitor being responsible on a theory of accomplice liability -_________ is a partnership in crime; it is an agreement between two or more people to commit an unlawful act or acts, or to do a lawful act unlawfully -Define the actus reus requirement for conspiracy --The actus reus requirement for conspiracy is the act of _______. In addition, many jurisdictions require an overt act in furtherance of the conspiracy. -Explain the mens rea requirement for conspiracy --5The mental state required for conspiracy has two facets: the intent to agree and the specific intent that the object of the agreement be achieved. In addition, both of these mens rea elements require that there be more than one person involved, because the crime contemplates agreement between two or more persons

Conspiracy, agreement

Class Notes: -US v. ________- defense of duress and also serves to illustrate the overlap of the defenses of duress and necessity, excuse -Two theories of punishment - ______ (more severe - deserve to be punished) and _______ (how we can better society) -5 different types of punishment - deterrence, incapacitation, rehabilitation, vengeance, restoration --________ ---The most core version of punishment; we don't want you to do this again so we are going to do something to you do you don't want to do this ---______- Last time I did this, this bad thing happened, I don't want to do it again ----Direct impact on recidivism ---_______- Affect those as a society by punishing criminal, and the rest of society sees what happens to them - don't want to do it --_______ ---Almost exclusively deals with incarceration ---We don't like the thing you're doing so we are going to stop you from doing it ---Zero tolerance laws, 3 strike laws, mandatory sentencing help strengthen incapacitation --________- Reform - Reformation (same thing) ---We want to effect the offender's thinking, but we give them tools to help them ---Vocational training, drug treatment, psychiatric treatment, counseling ---Made them a useful member of society so they don't have to offend

Contento-Pachon, retributive, utilitarian, deterrence, Specific, General, incapacitation, Rehabilitation

Questions: Identify a true statement about the defense of consent. a) It is widely accepted as a defense because crimes are only against the individual victim. b) It is considered a true defense. c) It is a strong, valid defense in all cases. d) It is classed as a defense that negates an element of the offense. According to the Model Penal Code (MPC), the defense of duress can be asserted if _____. a) a person threatens to seriously injure or kill a third person unless the actor commits the crime b) a person of reasonable firmness in his or her situation would have been unable to resist the threat c) the threat arises from natural sources rather than those made by persons d) the threat is immediate at the time the actor commits the crime The claim of intoxication can be closer to a claim of _____, either temporary or long-term, based on the effects of the intoxicant. According to the Model Penal Code (MPC), the defense of duress is a(n) _____. a) affirmative defense only to threats made by persons b) affirmative defense only to threats arising from natural sources c) negative defense in which a person chooses the greater of evils d) negative defense in which the victim agrees to the actor's conduct

D B insanity A

Questions: Identify a true statement about the federal sentencing guidelines a) they have increased the severity of sentences substantially b) they violate the 4th amendment of the US Constitution c) they have binding force on the trial judges d) they are advisory in nature Many states, disappointed with the results of indeterminate sentencing, turned to determinate sentencing in the 1970s. Identify the factors that led to this change a) unionism b) dissatisfaction with judicial discretion in sentencing c) satisfaction with all forms of parole boards d) recidivism The USSC held that the presumptive guideline system in the federal courts violated the ________ a) 6th Amendment jury trial guarantee b) 4th Amendment prohibition of unreasonable searches and seizures c) 8th Amendment prohibition of excessive fines and excessive bails d) 12th Amendment presidential election procedures T/F: Proportionality can be calculated by use of either utilitarian or retributive tools of analysis, and results remain the same regardless of the approach followed.

D B, D A False. Proportionality can be calculated by use of either utilitarian or retributive tools of analysis, and results may differ depending upon the approach followed.

Questions: The physical act of solicitation occurs when a solicitor _______ -A) has a mental state of desiring that the crime be carried out -B) hopes that someone else will decide on his or her own to commit a crime -C) expresses a vague desire that an act be committed -D) takes any action to urge another to commit a crime To satisfy the mens rea requirement of intent to agree, the proof of the actus reus is the __________. -A) lack of conspiracy -B) physical act that must be performed -C) existence of solicitation -D) existence of the agreement Common law solicitation is a _______ intent crime. The actus reus of conspiracy is the _________. -A) act of reaching an agreement -B) act of solicitation -C) lack of conspiracy -D) existence of prior criminal records of the parties involved The crime of solicitation is complete when __________. -A) the act is done w/ the intent that the person solicited commits the underlying crime -B) someone commits a crime w/o an intent -C) the solicitor has a mental state of desiring that the crime be carried out -D) the solicitor expresses a desire that an act be committed

D D specific A A

5.2 Defenses to Attempt: -Impossibility Defense --Legal impossibility could be a defense; factual impossibility could not --Courts have difficulty distinguishing between legal and factual impossibility --_____ ______- When a person's intended end constitutes a crime, but the person fails to consummate the offense because of an attendant circumstance that is unknown or beyond his or her control, making commission of the crime impossible ---Defendant is mistaken regarding some fact this is critical to the success of the crime - ex. An impotent man who tries to rape a woman ---Is not a defense that would bar conviction for attempt ---Actor has the mental state necessary to be guilty of the crime and by committing the acts has proven his or her dangerousness --_____ ______- When the intended acts, even if completed, would not amount to a crime. It is a common law defense to the crime of attempt ---Ex. if a defendant bribes a person b/c she wrongly believes that individual to be a juror, the defendant could not be convicted of attempting to bribe a juror --_____ _____ ______- an ambiguous case in which impossibility could be considered either legal or factual, as distinguished from cases of true legal impossibility -MPC favors abolition the defense of impossibility in all situations, with the exception of true legal impossibility --_____ ____ _______- (pure legal impossibility) where the law does not define as criminal the goal the defendant sought to achieve. This is a valid defense to the crime of attempt -Abandonment Defense --________- (renunciation) an affirmative defense to the crime of attempt that exists only if the defendant voluntarily and completely renounces his or her criminal purpose

Factual Impossibility, Legal Impossibility, "Hybrid" Legal Impossibility, Genuine Legal Impossibility, Abandonment

5.4 Conspiracy: -Mens Rea of Conspiracy --Mental state required for conspiracy is two-tiered; the parties must have both the intent to agree and the specific intent that the object of the agreement be achieved --Both mens rea elements require that there be more than one person involved --Actus reus will satisfy the first mens rea element as well -Under MPC, a person cannot be guilty of conspiracy "unless the conspiratorial agreement was made with the purpose of promoting or facilitating the commission of the substantive offense" -Actus Reus of Conspiracy --Actus Reus of conspiracy is the act of reaching an agreement (spoken or written words) --Such an act constitutes a person's advancement of the intent to further the criminal purpose, and it is that advancement that justifies the law's intervention -Defenses to Conspiracy: Abandonment, withdrawal Questions: T/F - Only mens rea is necessary for criminal culpability. _______ According to the MPC, identify the requirements of a person who is guilty of attempt to commit a crime: -A) He purposely does something that is an act constituting a substantial step in a course of conduct planned to culminate in commission of the crime -B) He purposely engages in conduct that would constitute the crime if the attendant circumstances were as he believes them to be -C) He does not have a specific intent to commit a crime but causes it due to negligence -D) He has the specific intent to kill but does not purposely do anything that is an act or omission that could culminate in commission of the crime

False A, B

7.1 Punishment in the Criminal Justice System: -Modern Views on Punishment --Modern punishment theory cannot be classified into any one of the categories discussed --Result of the reform movement of the 1970s, emphasizing fixed-term sentencing, was the development of the sentencing guidelines legislative model. --Courts found that sentencing guidelines violate constitutional principles, thus putting the CJ system in a state of redevelopment with respect to the application of punishment theories to the practices of sentencing 7.2 Sentencing: -Sentencing is a huge and controversial area in criminal law -Many of the procedural protections that an accused has before conviction do not exist during sentencing -Judges in the federal criminal law system have the ______ ______ _______ available to assist them in determining what sentence is appropriate -Types of Sentencing --States may use an indeterminate system, a determinate sentencing system, or a combination of the two systems. Judicial discretion plays a role in both federal and many state courts --______ _______- a sentencing system in which the trial judge has great discretion and correctional authorities have the power to release a prisoner before completion of the maximum sentence imposed by the judge if, in the view of those authorities, rehabilitative goals have been achieved ---Used to be the predominant approach to sentencing in the US ---View that criminals can be reformed, and this method of sentencing looks closely at the individual offender to determine his or her sentence --_____ ______ - a sentencing system that abolishes parole boards and creates presumptive sentencing ranges for various classes of offenses, thereby limiting trial judges' discretion; such a system typically has sentencing guidelines for judges to follow ---______ _____- a set of standards for sentencing, set by a commission legislatively established for that purpose, that judges in a determinate sentencing system must or may follow --1984 federal government enacted the Sentencing Reform Act establishing the U.S. Sentencing Commission, which created _____ _____ _______ ---Offender's sentence is determined at the time he is sentenced

Federal Sentencing Guidelines, indeterminate sentencing, determinate sentencing, Sentencing guidelines, federal sentencing guidelines

5.1 Attempted Crimes: -_______ (imperfect/partial) crimes- a criminal act that is detected and punished before the ultimate or intended crime actually occurs. The principal modern inchoate crimes are attempt, conspiracy, and solicitation --Not a completed crime, although it was intended to be -An incomplete scheme or plan is still punishable as a crime that is separate from the intended harm -Law punishes agreements to engage in criminal conduct, soliciting such conduct, and taking a substantial step toward engaging in such conduct --Focus is on anticipatory, preparatory, or unsuccessful conduct -Most common inchoate crimes--_______, ______, and _______--are not crimes in and of themselves. They are criminal only when they occur in conjunction with other crimes or are defined by reference to other crimes, such as murder, robbery, and battery. --Attempted Murder --Two or more persons agree to commit a murder - conspiracy to commit murder -Lawmakers enact statutes that punish individuals for incomplete crimes in order to avoid the social harm that will result if the crime is actually carried out --Purpose of these laws is to deter a greater harm than that resulting from the incomplete crime -The mere intent to commit a crime is not sufficient for attempt; the intent must be accompanied by some conduct on the part of the accused -Several other crimes also have a large pre-action (inchoate) aspect Larceny, forgery, kidnapping, arson, burglary, possession of burglary tools, stalking, drunk driving

Inchoate, attempt, conspiracy, solicitation

6.3 Defenses Based on Excuse: -______- a defense in which the law recognizes that the accused was suffering from mental disease when the crime occurred, and thus may be relieved of criminal responsibility --Defendant who is found not guilty by reason of insanity will be committed to a mental hospital for a determination of whether he or she should be institutionalized until such time as he or she is no longer dangerous -________- an accused person's inability to rationally consult w/ an attorney or to understand the nature of the proceedings against him or her -_____ ______- the division of a criminal trial into 2 parts, the first part leading to a verdict of guilty or not guilty, and the second relating to another issue, such as the sanity of the accused (or the penalty phase of a death penalty case) -Four legal tests, or rules have been adopted by the jurisdiction in the US to determine the sanity of an accused: --______ test - (right-wrong test) - the rule used to establish an insanity defense. Under this rule it must be clearly proved that, at the time of the offense, the accused was laboring under such a mental illness as not to know the nature and quality of what he or she was doing or, if he or she did know it, did not know that it was wrong --_____ _____ test - a test for insanity that permits a verdict of not guilty by reason of insanity if the fact finder concludes that the accused had a mental disease that kept him or her from controlling his or her conduct --_____ (American Law Institute) test - a test for insanity that provides that a person is not responsible for criminal conduct if he or she found to lack substantial capacity to appreciate the criminality of the conduct, or to conform his or her conduct to the requirements of the law --______ test for insanity - the federal statutory definition of insanity, which provides that a person is excused by reason of insanity if he or she proves by clear and convincing evidence that at the time of the offense, as a result of a severe mental disease or defect, he or she was unable to appreciate the nature and quality of his or her act, or the wrongfulness of his or her conduct --_____ test - no longer used, abandoned in 1972; stated that a person is excused by reason of insanity if the actor's unlawful act was the product of a mental disease or defect -_____ _____- a term used to describe two circumstances in which a mental condition short of insanity will lead to an acquittal or lessened charges: (1) where the accused raises the condition as a failure of proof defense, and (2) a true partial defense, whereby the crime of murder can be mitigated to manslaughter

Insanity, Incompetency, Bifurcated trial, M'Naghten, Irresistible Impulse, MPC, federal, Durham, Diminished Capacity

5.1 Attempted Crimes: -The law has created several tests to help measure when a person is actually guilty of the crime of attempt: --The ____ _____ Test- a test that determines that an attempt has occurred when a person has performed all of the acts that he or she believed were necessary to commit the underlying offense ---Test no longer utilized b/c most lawmakers believe that a person does not have to take the very last step to be criminally culpable --The _____ ____ Test- a test that determines that an attempt has occurred when the perpetrator's conduct, though not having advanced so far as the last act, approaches sufficiently near to the completed crime as to be a substantial step toward commission of the offense ---Conduct must be "proximate" to, or very near to the completed crime --The ______ ______ Test- a test that determines that an attempt has occurred when the perpetrator's conduct is in dangerous proximity to success, or when an act is so near to the result that the danger of its success is very great ---Evaluated on a case-by-case basis --The ______ ______ Test- a test that determines that no attempt has occurred when a suspect has not yet gained control over an indispensable instrumentality of the criminal plan --The ________ Test- a test that determines that an attempt has occurred when a person's conduct, standing alone, unambiguously manifests his or her criminal intent --The ______ ______ Test- The MPC's test to determine whether the actus reus of attempt has occurred, which requires that the suspect must have done or omitted to do something that constitutes a "substantial step" in the commission of the substantive offense

Last Act, Physical Proximity, Dangerous Proximity, Indispensable Element, Unequivocality, Substantial Step

7.2 Sentencing: -Types of Sentencing --_____ ______- laws by which the state's legislature fixes either the exact penalty for the crime or a minimum number of years that the defendant must serve; found in determinant or indeterminate sentencing systems --_____-_____ _____- laws that provide for enhance sentencing of repeat offenders --Ewing v. California, Lockyer v. Andrade - companion cases; upholding a sentence imposed under California's three strikes law against a challenge that it constituted cruel and unusual punishment in violation of the Eighth Amendment --Federal Sentencing Guidelines ---Fed up with sentencing disparities, Congress passed the Sentencing Reform Act of 1984, which created the U.S. Sentencing Commission that developed the Federal Sentencing Guidelines ---Although the guidelines were originally upheld as constitutional, the USSC later held in US v. ______ (also ______ v. Washington), that "the presumptive guideline system in the federal courts violated the 6th Amendment jury trial guarantee" ----Renders the federal sentencing guidelines advisory and not binding on the trial judges --State's Sentencing Guidelines ---Booker case declaring federal sentencing guidelines advisory to avoid 6th Amendment violations extended some previous rulings by the Supreme Court dealing with the validity of states' sentencing guidelines and enhanced penalty sentencing laws ---______ v. NJ - requiring the states to afford a convicted defendant a right to trial by jury on "any fact that increases the penalty for a crime beyond the prescribed statutory maximum" other than the fact of a prior conviction -Alternatives to Imprisonment --Problems w/ Imprisonment - Rise of determinate sentencing systems and mandatory sentences, the prison population has ________

Mandatory sentencing, Habitual-Offender laws, Booker, Blakely, Apprendi, exploded

7.2 Sentencing: -Alternatives to Imprisonment --Probation and Parole ---Both considered community corrections ---_______- the suspension of a sentence of incarceration, allowing the offender to return to the community with conditions under the supervision of a probation officer. Violation of the conditions of probation can result in the offender's being sentenced to what the prison term would have been had it been imposed in the 1st place ---______- the release of an offender from incarceration prior to the expiration of the full term of incarceration, to carry out the rest of the sentence with conditions under the supervision of a corrections officer --_____ ______- a process through which all the parties with a stake in a particular offense come together to resolve collectively how to deal with the aftermath of the offense and its implications for the future (offender mediation, family group conferencing, citizen panels) ---Victim is very involved here and plays an important role in holding the offender accountable for his actions ---In criminal cases, a victim can tell the offender how the crime has changed the victim's life and can ask the offender questions about the crime ---Offender can say why the crime occurred and describe the effect of the punishment ---Offender may also be given an opportunity to make things right with the victim, usually by some form of compensation like money --Wrongful Convictions ---Can result from prosecution misconduct, ineffective assistance of defense counsel, police corruption, vengeful juries, racism, junk science, wrong eyewitness identifications, false confessions ---DNA evidence has been exonerating prisoners ---Wrongfully convicted individuals sue the city, the state, and sometimes the prosecutor (if prosecutorial misconduct is alleged) for monetary compensation

Probation, Parole, Restorative Justice

Review: -______ law - bill of rights, procedural law comes from Article ___, amendments (4th, 5th, 6th, 8th) -Ensures fairness in the CJ system - _____ _____ --Makes sure laws aren't written vaguely, broad --Rights of accused followed -Two types of law: --Criminal - crimes against society, Need a punishment --Civil - torts -> wronged, contracts, crimes against persons ---Does not result in sentencing - financial instead -Can be charged in both criminal and civil law for the same crime -Omission laws have to be on the books - have to feed your children (neglect), pay your taxes -3 classifications of criminal law --Felony, misdemeanor, infractions (petty offenses) -Voluntary acts diminished by duress, intoxication, age, mental disability - insanity, retardation -Accessory - occur before and after -Accomplice - during the crime -_____- crimes not completed yet - attempt, conspiracy, solicitation -Defenses to Attempts --______ defense - changed mind about completing the crime, only a defense if you voluntarily do it before the crime is started -_______- trying to persuade someone else to commit a crime, beginning of a conspiracy, as soon as you start planning and commit it no longer solicitation anymore (once you have crime solicitation goes away)

Procedural, 1, due process, Inchoate, Abandonment, Solicitation

6.2 Defenses Based on Justification: -Five major types of defenses based on justification: self-defense, defense of others, defense of property and habitation, crime prevention and law enforcement, and necessity -_______- the justified use of reasonable force by one who is not an aggressor, when the actor reasonably believed it was necessary to defend against what he or she reasonably perceived to be an unlawful and imminent physical attack --Most common of the affirmative defenses --Defendant must prove three elements in order to be acquitted of a crime b/c of self-defense: (1) the necessity of using force (including the use of deadly force only to prevent imminent and unlawful use of deadly force by the aggressor), (2) the proportionality of the force to the threat (i.e., the level of force used in self defense cannot be excessive in light of the level of force threatened), (3) the reasonableness of the belief that force was necessary --______- one who first employs hostile force, either by threatening or striking another, which justifies like response --____ ____- force likely or intended to cause death or great bodily harm --The common law rule, case law, and statutes concerning self-defense require that the defendant reasonably believe that his or her adversary's unlawful violence, especially deadly force, is imminent--that is, almost immediately forthcoming, or about to happen at once. The imminence requirement is also closely related to the reasonable belief requirement

Self-defense, Aggressor, deadly force

5.3 Solicitation: -_______- (also known as incitement) the act of seeking to persuade someone else to commit a crime with the intent that the crime be committed -It is designated a crime b/c a deliberate inducement of another to commit a crime is sufficiently dangerous behavior to call for the imposition of criminal penalties. -A person is guilty of solicitation when he or she advises, commands, counsels, encourages, entreats, hires, importunes, incites, instigates, invites, procures, requests, stimulates, or urges another to commit any felony, or any misdemeanor relating to obstruction of justice of a breach of the peace -Solicitation exists only if the crime solicited has not been complete, attempted, or agreed to -If the person solicited agrees to commit a crime, then both the solicitor and the party solicited are criminally liable for conspiracy. -If the person solicited attempts to commit the crime, then both parties are criminally liable for attempt -If the person solicited completes the crime, then both parties are criminally liable for the completed crime, the solicitor being responsible on a theory of accomplice liability -Mens Rea of Solicitation --Specific intent crime --Can be convicted only if he or she requests, encourages, or commands another to commit a crime, with the specific intent that the other person successfully complete the solicited crime --Require the solicitor to have a mental state of ______ that the crime be carried out --When the specific intent exists at the same time as the solicitor's communication, the crime is complete --Mere speaking of words demonstrates the intent necessary to be culpable and expressing intent in writing another way to prove the requisite intent

Solicitation, desiring

5.3 Solicitation: -Actus Reus of Solicitation --The physical act of solicitation occurs when the solicitor takes any action, whether verbal or otherwise, to urge another to commit a crime --______ or ______ the words of solicitation is an act, and when that act is done w/ the intent that the person solicited commit the underlying crime, the crime of solicitation is complete --If the solicitor attempts to solicit someone but fails b/c an intermediary did not reach the person or a letter was never received, most jurisdictions still consider the solicitation complete -Defenses to Solicitation --Abandonment is a defense under modern penal codes. MPC provides that "renunciation of criminal purpose" is a defense to solicitation when two actions occur: ---1. The solicitor "completely and voluntarily renounces his criminal intent" ---2. The solicitor "either persuades the solicited party not to commit the offense or otherwise prevents him from committing the crime." 5.4 Conspiracy: -________- an agreement between two or more people to commit an unlawful act or acts or to do a lawful act unlawfully (also called a partnership in crime) -The gist of this offense is the _______ -Ensure that the law does not punish a person for his or her thoughts or intentions alone, most modern jurisdictions require that one of the parties to the conspiracy engage in an overt act -Conspirators can also become "accessories" once the planned crime is committed

Speaking, writing conspiracy, agreement

6.2 Defenses Based on Justification: -Law enforcement officers are allowed to use nondeadly force: to stop and arrest someone who is committing or who has committed a crime, to prevent an escape from custody by someone subject to arrest or who has been arrested, to prevent the commission of a crime, to suppress riots and disorders -An officer or private citizen may not use deadly force to prevent the commission of a crime unless he or she believes: (1) that there is a substantial risk that the suspect will cause death or serious bodily injury to another person unless prevented from doing so and (2) that the use of deadly force presents no substantial risk to bystanders -_______ v. _______- under the Fourth Amendment, when a law enforcement officer is pursuing a fleeing suspect, the officer may not use deadly force to prevent escape unless "the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others." -______- a defense in which a person, face with a choice between 2 courses of action, chooses the lesser of evils, as long as the harm produced is less than the harm that would have occurred w/o the action (self-defense) -______- a defense, in certain circumstances, in which the victim agrees to the actor's conduct. This negates an element of the offense or precludes infliction of the harm to be prevented by the law defining the offense

Tennessee vs. Garner, Necessity, consent

Questions: T/F: The retributive rationale for punishment avoids the criticism that the criminal law should not be in the business of correcting moral wrongs. The effect that the imposition of punishment on the wrongdoer will have in causing him or her to refrain from repeating the act is termed _________. a) incapacitation b) reform c) general deterrence d) individual deterrence Identify the dominant justifying theories of punishment that underlie modern criminal law. a) utilitarian justification b) rehabilitation justification c) self-defense justification d) retributive justification Identify the goals of Jeremy Bentham's test for moral desirability of an act or social practice a) to promote the greatest good for the greatest number b) to punish those who violated the rights of others c) to punish a wrongdoer for punishment's sake d) to test whether an act or practice promotes human happiness better than possible alternatives The effect that punishment of an offender will have in causing other people in the community to refrain from committing the same crime is called a) rehabilitation b) individual deterrence c) general deterrence d) incapacitation

True D A, D A, D C

7.1 Punishment in the Criminal Justice System: -_______ Justification for Punishment --Based on Jeremy Bentham's test for moral desirability of an act or social practice: whether the act or practice promotes human happiness better than possible alternatives ---Greatest good for the greatest number goal of this test -Modern - refers to the theory that likely consequences determine the morality of action -Varieties of beneficial consequences that can be realized by punishment according to utilitarian theory include general deterrence, individual deterrence, incapacitation, reform, and vengeance --_____ _____- effect that punishment of the offender will have in causing other people in the community to refrain from committing the same crime. Offender cannot be reached, but the potential future offender can. Greater the temptation to commit the crime and the less chance of detection, the more severe the penalty should be --______ _____- effect that the imposition of punishment on the wrongdoer will have in causing him or her to refrain from repeating the act. To achieve this result, the punishment must be severe enough to outweigh the benefits of the crime. More severe punishment for repeat offenders is justified b/c the 1st penalty was ineffective --________- the removal or restriction of freedom of those who have violated criminal laws, usually by imprisonment ---_____-___ ____- laws that impose sentences of 25-years-to-life for those who have been convicted of certain serious offenses three times ---_____ ______- laws that impose maximum penalties for certain crimes, such as particular sex offenses; also known as one-strike laws --______- or rehabilitation, of the offender so that he or she will no longer desire to commit crimes and will be a useful citizen may be sought as a by-product of punishment (drug treatment, psychiatric treatment, and vocational training) --_______- the imposition of the punishment in the context of an "eye for an eye" or a "tooth for a tooth"; usually associated with retribution, though the utilitarian may see a benefit in this ---Satisfies victims, their families and friends, and members of the public

Utilitarian, General deterrence, individual deterrence, Incapacitation, Three-strikes laws, Zero tolerance, reform, vengeance

Class Notes: --_______ and Retribution (slightly different) ---When someone is wronged and they desire the person who wronged them to be punished ---Merely for the sake of punishment - messed up need to be punished ---_______- individual asking for punishment ---_______- society asking for punishment --_______ ---Newer form of punishment ---Bringing the victim and offender together to restore the victim ---Pay back victim, community service ---Give them some sort of punitive action that will benefit society or the victim -______ _____ (utilitarianism, punishment - cost needs to outweigh the punishment), _____ ______ (was an Italian criminologist, jurist, philosopher, economist and politician, who is widely considered one of the greatest thinkers of the Age of Enlightenment) -3 strike laws = habitual offender laws

Vengeance, Vengeance, Retribution, Restoration, Jeremy Bentham, Casare Beccaria

7.1 Punishment in the Criminal Justice System: -The criminal law "consists of prohibitions of ______ behavior backed by serious sanctions." -The meaning, theories, and possible justifications of criminal punishment are closely related to the meaning, theories, and possible justifications of the criminal law itself -_______- when an agent of the government, using authority granted by virtue of a legal criminal conviction, intentionally inflicts pain, loss of liberty, or some other unpleasant consequence on the person who has been convicted -Punishment is ___; any definition of it may be be criticized as arbitrary -Two dominant theories of punishment underlie modern criminal law -_______ ______- a justification for punishment based on the theory that a wrongdoer deserves punishment for punishment's sake (just deserts) 1970s-present -_______ ______- a justification for punishment based on the theory that a social practice is desirable if it promotes the greatest good for the largest number of people (general deterrence, individual deterrence, incapacitation, reform, and vengeance) 1900-1970s -________ justification - a justification for punishment based on the theory that if an offender is reformed, the offender will not commit any more crimes --Popular before the 1970s but is less so today - many critics do not believe criminals can be reformed -________ Rationale for Punishment --Punishment restores the moral order that has been breached by the original wrongful act --Society's duty is to punish, or else the guilt remains upon society --Predicted on principles of moral wrong --Criminals deserve punishment because they violate social norms

antisocial, Punishment, relative, Retributive justification, Utilitarian justification, Rehabilitative, Retributive

-Inchoate crimes - ______, _______, and _______ -_______- voluntarily change your mind before you commit the crime -_______- discussion of that crime, and a substantial step toward that crime (ex. Obtaining a gun) -____ ________- equally as guilty to the crime as the ring leaders; involves one individual, or a small group of individuals, conducting illegal transactions with various other co-conspirators (the spokes). -Annika -Alex Madi/Gavin -Abby -Caid -_____ ______- refers to several conspirators participating in a single conspiracy. Each person (conspirator) is responsible for a single act and has a different role in the overall crime or conspiracy. --Madi -> Gavin -> Alex -______ ______- Any crime in furtherance of a conspiracy that is reasonably foreseeable may lead to criminal liability for any member of the conspiracy. --Dan & Walter Pinkerton - brothers discussed moonshine operation, Dan went to jail before substantial step, Walter carried out the substantial step, so Dan was charged as well as only one of the two in the conspiracy needed to carry out the substantial step -Gambling and bribery not conspiracy --2 people needed - cannot have a conspiracy if the minimum number to commit that crime is two --Only need one person to commit a robbery, murder - conspiracy -_____ _____- crime necessitates two people, you cannot have two people conspiring to commit that crime; need more than 2 for it to be a conspiracy --a rule that prohibits the prosecution of two persons for conspiracy to commit a particular offense when the offense in question can only be committed by at least two persons -_______- get somebody else to commit a crime w/ you (also called incitement) --Solicitation until they agree - then it is conspiracy

attempt, conspiracy, solicitation, Abandonment , conspiracy, wheel conspiracy, Chain conspiracy, Pinkerton Rule, Wharton Rule, Solicitations

Chapter 5 Objectives: -Explain the purpose of defining attempt as a crime --Lawmakers created ______ crimes to prevent the commission of crimes before they take place. They also sought to protect the safety of the public by allowing police officers to stop the continuance of criminal activity. -Explain how the MPC test for the actus reus of attempt differs from all the other tests --Under the MPC test to determine whether an attempt has occurred, the only requirement is to show that the suspect has done (or omitted to do) something that constitutes a substantial step in a course of conduct, which must be planned for the commission of the underlying crime. The sole inquiry is into whether the accused person's conduct strongly matches his or her criminal intent. Ambiguous factors, such as proximity or equivocality, are not considered -State the elements of an attempt --A person is guilty of the crime of attempt if he or she intentionally commits the act constituting the actus reus (either the last act, proximity, or substantial step test), with the additional intent to commit the substantive crime or to cause the prohibited result that constitutes the underlying crime -Name the two principal defenses to attempt --The two principal defenses to attempt are ______ and _________ (renunciation). Abandonment is not recognized in some jurisdictions; where it is recognized, a defendant's abandonment must fit within certain guidelines to be considered a valid defense

attempt, impossibility, abandonment

Questions: According to the Model Penal Code (MPC), both _____ intoxication are affirmative defenses if the intoxication caused the actor to suffer from a mental condition comparable to that which constitutes insanity under the MPC. a) disorderly and emotional b) pathological and involuntary c) self-induced and voluntary d) emotional and voluntary True or false: In limited circumstances, people can avail themselves of a mistake of law defense and avoid criminal responsibility. The Model Penal Code (American Law Institute) test of insanity contains the cognitive prong of the _____ and the volitional aspects of the _____. a) M'Naghten test; irresistible impulse test b) federal test; Sherman-Sorrells test c) federal test; M'Naghten test d) Woodcock-Johnson test; federal test The _____ defense used as a true partial responsibility defense is recognized in the Model Penal Code (MPC) and in only a few states, and it is limited to use as a basis for mitigating the offense from murder to manslaughter. Diminished capacity defense is also known as the _____ _____ ______.

b true A diminished capacity partial responsibility defense

7.2 Sentencing: -Death Penalty - controversial --History and Evolution of the Death Penalty ---Death penalty came to the American colonies along with the English ____ _____ ---Death penalty was limited to certain types of crimes ---As the states evolved, each developed its own law with respect to the death penalty, and even today there remains variation in application and scope --The Death Penalty Today ---______ v. ____- found implicit in the concept of cruel and and unusual punishment the principle of proportionality ---________- the constitutional principle that the punishment should fit the crime, expressed in the 8th Amendment's cruel and unusual punishment clause ---______ v. ______- was a landmark criminal case in which the United States Supreme Court invalidated all death penalty schemes in the United States ---______ v. ______- death penalty itself did not violate the Constitution ---_______ v. Florida and Tison v. Arizona - Court est. a test requiring that the "government must show that the defendant either intended to kill or was a major participant in the crime and demonstrated a reckless indifference to human life. Absent this showing, the accomplice will be ineligible" for the death penalty. ---______ v. ______- no one under the 18 during the time the crime was committed could get the death penalty ---______ v. ______- death penalty cannot be imposed on a defendant who is mentally retarded ---_____ v. _______- death penalty unconstitutional when applied to a conviction for rape of an adult woman ---______ v. ______- is a decision by the United States Supreme Court, which upheld the constitutionality of a particular method of lethal injection used for capital punishment

common law, Weems v. US, Proportionality, Furman v. Georgia, Gregg v. Georgia, Enmund , Roper v. Simmons, Atkins v. Virginia, Coker v. Georgia, Baze v. Rees

6.2 Defenses Based on Justification: -Universally, the law recognizes a defense based on protection of another person from attack -MPC establishes 3 conditions that must be met for the _____ of another to be asserted in situations involving 3rd party protection: (1) the actor must use such force as he or she would be entitled to use in his or her own self-defense, based on the circumstances as he or she believes them to be, (2) under the circumstances as the actor believes them to be, the third person must be legally justified in using such protective force, (3) the actor must believe that his or her action is necessary for the protection of the 3rd person -Person is justified in the use of force to protect his or her property from encroachment. Unless the threat is against habitation (a person's residence), the actor is not justified in the use of deadly force -____ _____- dweller to use deadly force if he or she reasonably believes it necessary to do so to prevent an imminent, unlawful entry of his or her dwelling -MPC limits the use of deadly force to instances in which there is a substantial risk to the person -MPC provides that an individual can use nondeadly force to protect his or her property if three conditions are met: (1) the other person's interference w/ the property must be unlawful, (2) the property owner must have possession of the property in question or must be acting on behalf of someone who is in possession of the property, (3) force must be immediately necessary to protect the property, or the actor must believe that the person against whom he uses force has no rightful claim to the property and, in the case of land, the circumstances must be such that it would be an exceptional hardship to postpone the entry or reentry until a court order is obtained

defense, Castle rule

6.1 Types of Defenses: -Once a defendant has been charged with a criminal offense, the prosecutor has the burden of producing evidence and proving beyond a reasonable doubt the existence of the five elements of criminal culpability: --1) Actus reus, the defendant's voluntary act (or omission when there was a duty to act) --2) The requisite mens rea --3) A unity of actus reus and mens rea --4) An actual and proximate causal connection between the actus reus and the social harm --5) The social harm resulting from the offense -______- either a failure of proof by the prosecution or a defendant's statement of a reason why the prosecutor has no valid case against him or her -_____ ____ ______-a defense in which either the defense counsel makes a motion for judgment of acquittal or the defendant introduces evidence that shows that the prosecution's case is lacking -_____ ______- (affirmative defenses) a defense that, if proved, results in the acquittal of a defendant, even though the prosecutor has proved the defendant's guilt beyond a reasonable doubt -Prosecution bears the burden in all criminal cases of proving the defendant's guilt, and the standard of proof required is beyond a reasonable doubt - standard both a customary and a constitutional requirement since the 1970 USSC decision in In re Winship -_____ ____ _____- the onus of producing evidence and also of persuading the jury with the required level of proof, which in a criminal case is "beyond a reasonable doubt"

defense, failure of proof, True defense, Burden of proof

6.3 Defenses Based on Excuse: -Major legal excuses are: age/infancy of the actor, duress, intoxication, insanity, diminished capacity -Other excuses include mistake, entrapment, and various specialized defenses -______- a defense that arises when a person commits an unlawful act b/c of a threat of imminent death or serious bodily injury to himself or another, unless the actor intentionally kills an innocent third person -Person will usually be acquitted of any offense (except intentional killing) based on the defense of duress, if the following circumstances exist: another person must threaten to seriously injure or kill the actor or a third person (especially a close relative) unless the actor commits the crime, the actor must reasonably believe that the threat is real, the threat must be immediate at the time the actor commits the crime, there must be no reasonable means of escape from or avoidance of the threat other than for the actor ro commit the crime, the actor must not be at fault in exposing himself or herself to the threat -_______- a disturbance of mental or physical capacities resulting from the introduction of any substance into the body (drugs, alcohol) -Failure to proof claim for intoxication - mens rea was lacking or that the act was not voluntary (b/c the accused was unconscious) -_______ intoxication - a person's self-willed act to introduce substances into the body that a person knows or should know are likely to have intoxicating effects -______ intoxication - intoxication that occurs when the actor does not consume drugs or alcohol voluntarily or if the actor is not to blame for becoming intoxicated b/c, for example, he or she has an unanticipated reaction to drugs or alcohol --Four different kinds: (1) coerced intoxication (intoxication that is involuntarily induced by duress or coercion), (2) pathological intoxication (grossly excessive intoxication given the amount of the intoxicant, to which the actor does not know he or she is susceptible), (3) intoxication by innocent mistake (occurs where the actor is mistaken about the character of the substance taken, as when another person tricks him or her into taking the substance), (4) unexpected intoxication (results from the ingestion of a medically prescribed drug)

duress, Intoxication, Voluntary, Involuntary

Objectives: -_______ ______ system, the trial judge has great discretion, and correctional authorities have the power to release a prisoner before completion of the maximum sentence imposed by the judge if, in the view of those authorities, rehabilitative goals have been achieve -______ ______ system abolishes parole boards and creates presumptive sentencing ranges for various classes of offenses, thereby limiting trial judges' discretion; such a system typically will have sentencing guidelines for judges to follow -_______ ______ are a set of standards, set by a commission legislatively established for that purpose, that judges in a determinate sentencing system must or may follow -The alternatives to imprisonment are probation and parole. -The death penalty cannot be imposed when to do so would violate the cruel and unusual punishment clause of the 8th Amendment, particularly in cases involving: (1) a nonkiller _______ to a felony murder, (2) a ______, (3) a person who is mentally _______, or (4) a crime that does not involve the taking of _____

indeterminate sentencing, determinate sentencing, Sentencing guidelines, accomplice, juvenile, retarded, life

Questions: -________- A defense that, because of the circumstances, renders criminal conduct lawful and therefore exempts the actor from criminal sanctions. -_______- A defense in which the criminal actor has committed an unjustified crime, but there is a reason for not holding him or her personally accountable for it. -____ ______- Limited the no-retreat rule to situations in which individuals are attacked in their own home -_____ ______- Extended the no-retreat rule to cover situations in which individuals are attacked within their workplace or office In the form of abuse defense called _____, a defendant may argue that because he or she was trying to survive within a turbulent violent city area, he or she should not be held criminally liable for crimes. a) clinically isolated syndrome b) urban survival syndrome c) compartment syndrome d) battered woman syndrome True or false: In the context of self-defense, a nonaggressor can use deadly force if he or she reasonably believes that such force is necessary to protect against imminent use of unlawful deadly force by an aggressor. According to the Model Penal Code (MPC), a condition that must be met for the defense of another to be asserted in situations involving third-party protection is that actors must _____. a) refrain from using such force as they would be entitled to use in their own self-defense b) refrain from legally justifying the third person in using protective force under the circumstances as the actors believe them to be c) believe that their actions are necessary for the protection of the third person d) retreat before using force to protect a third person even if doing so can threaten the complete safety of that person

justification, excuse, common law, modern law B True C

Chapter 7 - Punishment and Sentencing: -The principal purpose of the criminal law is to ______, usually by punishment, behavior by an individual that violates the rules of acceptable conduct within a community. The question of criminalization or decriminalization is largely answer with what most people think of as crime--offenses such as murder, rape, assault, robbery, burglary, and traditional forms of theft. The modern focus of debate on the question of criminalization is in other areas, such as offenses designed to protect public morality, the economy, the environment, or generally to promote public welfare. -The two justifying theories of punishment underlying modern criminal law are the retributive justification and the utilitarian justification. The retributive justification is that a wrongdoer deserves punishment. -The simplest retributive justification is that one who has violated the rights of others should be _______. Punishment restores the moral order that has been breached by the original wrongful act. A different retributive approach is that criminals deserve punishment because they violate social norms. -The hallmarks of the ______ view are general deterrence, individual deterrence, incapacitation, reform, and vengeance. -States may use an indeterminate system, a determinate sentencing system, or a combination of the two systems

sanction, penalized, utilitarian

Chapter 6 Objectives: -The three elements of _______ are: (1) the necessity to use force, including the use of deadly force, only "to prevent imminent and unlawful use of deadly force by the aggressor", (2) the proportionality of the force to the threat, and (3) the reasonableness of the belief that force was necessary. -A nonaggressor may use deadly force if he or she reasonably believes that such force is necessary to protect against imminent use of unlawful deadly force by the aggressor for self-defense -Name two situations in which a first aggressor can claim self-defense --The first is where a nondeadly aggressor is met with deadly force. The second i where an aggressor completely withdraws from any continued conflict with the other person by taking reasonable steps to notify the other person of his or her intentions, but the other person continues to instigate harm -In the defense of property from trespass or theft, the actor may use reasonable, but not deadly, force when he or she reasonably believes (1) that his or her property is in immediate danger of such an unlawful interference and (2) that the use of such force is necessary to avoid that danger -A police officer can use deadly force only if the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officers or others, and that such force is necessary to make the arrest or prevent escape. If feasible, a warning must be given to the suspect before deadly force is employed -The five tests for determining insanity are: the M'Naghten (right-wrong) test, the irresistible impulse test, the MPC test, the federal test, and the product test based on the Durham case

self-defense

Review: -Codified, statutory law -Statutory laws from - _____ legislatures, federal ______ - codified law provided -Review laws for constitutionally - courts -Loitering and panhandling vague -King's representative - _______ -Laws passed down and followed - common law - which came over to the US, ours developed from -Criminologist and philosopher - Jeremy Bentham -______, sedition mentioned in Constitution - Constitution does not codify our laws -Laws to help keep order and control society -Actus Reus and Mens Rea --Actus reus - the guilty act, purposeful/intentional/voluntary --Mens rea - guilty mind, intent --Need a convergence of the two -Some crimes don't need mens rea, act us enough - possessory crimes, statutory rape - _____ _______ laws -First step to entering the cj system - ______ --Then presented to prosecutor - prosecutorial discretion on whether to file charges or what charges to file ---Look at seriousness of the crime, prior arrests/offenses, age, --Prove case beyond a reasonable doubt

state, congress, governor, treason, strict liability, arrest