Criminal Law Test 1

why is possession of illegal things punished

it deters people from committing the next step which is usually burglary, the sale of narcotics, or the use of a weapon in robbery the possession of contraband such as drugs and guns may also provoke conflict and violence

does lethal injection constitute cruel and unusual punishment

it does not as long as the crime it is given for is a serious enough crime

why is understanding criminal law important in the study of the criminal justice system

it is the foundation of the criminal justice system

the reason the constitution prohibits retroactive legislation

it makes it so that a previously innocent act will not be a crime in the future

nature and importance of state police power

it's the duty to protect the well-being and tranquility of a community and to prohibit acts or things reasonably thought to bring evil or harm to its people important bc it gives power to the states to enact laws that they feel they need and that the federal gov. can't enact

truth in sentencing laws

laws that ensure that offenders serve a significant part of their sentence before being able to persuade the parole board that they are rehabilitated

es post facto

laws that prevent legislation from being applied to acts committed before the statute went into effect

legal or proximate cause is based on judgement of what is just or fair under the circumstances

legal cause = is the person who shot the victim responsible for the death of them when the ambulance gets into a car accident and they die without them being shit they never would have been in the ambulance but did they directly cause the death cause in fact = no other circumstances. the victim is dead bc of a single action the defendant did

fleeting possession rule

limited exception to criminal possession permits an innocent individual to momentarily possess and dispose of an illegal object

difference between criminal intent and a crime requiring strict liability

a strict liability offense is a crime that does not require a mens rea and an individual may be convicted based solely on commission of criminal act

general intent

an intent to commit the actus reus or criminal act prosecutors don't need to demonstrate that the offender possessed intent to violate that law, had awareness that it will result in a type of harm just need to show that the accused intended to commit an act the was to harm another proof of defendant's general intent typically inferred from nature of act and surrounding circumstances

sentencing reform act of 1984

abandoned rehabilitation as a purpose of imprisonment new goals = retribution, deterrence, incapacitation, education/treatment of offenders

violations/infractions

acts that cause only modest social harm and carry fines - imprisonment is prohibited

what does a crime comprise of

actus reus - criminal act or omission mens rea - criminal intent must have a concurrence between both

substantive criminal law

analysis of the definition of specific crimes and pf the general principles that apply to all crimes such as the defense of insanity

what is the reason the law requires mens rea

bc it makes it so people can only be punished for a crime if they had a guilty mind

why is it a violation of equal protection for race, gender, religion, ethnicity, or nationality to play a role in sentencing

bc of the civil rights and equal voting right acts. these give equal rights to everyone and make discrimination based on any of those things unacceptable

why does the us constitution protect the freedom on expression

bc the freedom of expression is essential to having a democracy things that lack the protection are when expression lacks social value, the expression directly causes social harm or injury, and the expression narrowly defined in order to avoid discouraging and deterring individuals from engaging in free open debate

what two constitutional constraints are prohibited in article 1, section 9, and 10 of the constitution

bills of attainder, ex post facto laws

significance of the Interstate Commerce Clause

direct source of the most important powers that the fed gov exercises in peacetime, and, except for the due process and equal protection clauses of the 14th amendment, it is the most important limitation on the exercise of state power

immediate scrutiny

distinctions on the grounds of gender must be substantially related to an important government objective. a law singling out women must be based on factual differences and must not rest on overboard generalizations

what are the considerations the SC take to determine whether a law is criminal or not

does the legislator characterize the penalty as civil or criminal has the type of penalty imposed historically been viewed as criminal does the penalty involve significant disability or restraint on personal freedom does the penalty promote a purpose traditionally associated with criminal punishment is the imposition of the penalty based on an individuals intentional wrongdoing has the prohibited conduct traditionally been viewed as criminal

indeterminate sentencing

don't have a set punishment for the crime unlike the "3 strikes law". the state legislature provides judges with the ability to set minimum and maximum sentences within defined limits

societies primary challenge and how it is overcome

ensuring people follow legal rules - influence of family, friends, religion, media and threat of criminal punishment

what is required fro conviction of a criminal charge

evidence establishing beyond a reasonable doubt that the accused possessed the required mental state performed a voluntary act that caused the social harm condemned in the statute must be voluntary

circumstantial evidence

evidence that helps us indirectly establish a criminal intent or criminal act can show that the defendants actions spoke louder than their words

omission

failure to act - or negative act failure to pay taxes, serve on juries limited exceptions to crime requiring voluntary act requirement

1st amendment

congress shall make no law abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances declared fundamental personal rights and liberties protected under the due process clause

costs as well as benefits in restricting governmental powers

costs - having less control of the people benefit - the people will be happy with less governmental interference

gross misdemeanor

crimes subject to between 6 and 12 months in prison

the 2nd amendment right to bear arms does not protect individuals right to keep fire arms within the home

false

the constitution explicitly provides for a right to privacy

false

an armed robber, in all likelihood, would be held guilty of murder if the victim, during the course of the robbery, was struck by lightning and died. t/f

false the robber could not have foreseen the possibility of the victim being struck dead by lightning

an individual who is an expert swimmer is criminally liable for failing to attempt to rescue a child who is drowning. t/f

false basic rule in the US is that individuals are not legally requited to assist a person in peril

when narcotics are seized by the police in an apartment, all of the individuals living in the apartment are guilty of a narcotics possession. t/f

false there must be sufficient proof that there was joint possession

the only difference in the enforcement of criminal and civil law may result in imprisonment

false - civil law is different bc it primarily protects individual interests rather than society interests

offenders are responsible for all the consequences that follow from their criminal acts. t/f

false. they are not responsible for unforeseeable and unusual ones that no one could have seen happening

the only difference between felonies and misdemeanors is that felonies result in incarceration. t/f

false. a felony is a crime punishable by death or by imprisonment for more than one year. a misdemeanor is other offenses that lead to imprisonment for less than a year and can either be petty or gross ( gross is worse)

bills of attainder prohibit punishing an individual for an act that was not criminal at the the time it was committed. t/f

false. ex post facto laws did that. bills of attainder punishes an individual or group of persons without the benefit of a trial

capital felonies

crimes subject to either the death penalty or to life in prison in states that do not have the death penalty

basic principles that compose the general part of criminal law

criminal act criminal intent concurrence causation responsibility defenses

criminal act v tort

criminal act is a crime that involves an act or failure to act. a tort is damage to a person or their property intentionally or through negligence (usually settled with by civil suits )

civil v criminal law

criminal law primarily protects the interests of society. civil law protects the interests of individuals

the courts do not recognize any limitations on expression under the 1st amendment. t/f

false. fighting words, incitement to violent acts, threat, obscenity, libel

laws that distinguish between individuals based on race or based on gender, in most instances, are held to be constitutional by courts. t/f

false. individuals are protected by the Equal Protections Clause

criminal intent and a criminal act in most instances are not required to concur ( to be at the same time or coincide with one another ) t/f

false. must have concurrence

restoration

harm caused victims of crime and requires offenders to engage in financial restitution and community service to compensate the victim and the community and to "make them whole again"

why is the model penal code significant

helped get consistency among state laws so charging someone was the same all around and would not differ what state you were in ( the definition of rape )

creation of peril

if you put someone in a life threatening situation you are responsible for them

specific deterrence

imposes punishment to deter someone from committing crime in the future

types of sentences that a court may impose

imprisonment, fines, probation, intermediate sanction, and death

is there a difference between the American and European rules on omissions

in America people are not legally required to assist a person who is in peril

what is the importance of the principle of concurrence

in every crime there must exist a union or joint operation of act and intent or criminal negligence

two considerations for requirement of causality

individual responsibility = causality connects person's acts to the resulting in social hard and permits imposition of appropriate punishment fairness = causality limits liability to individuals whose conduct produces a prohibited social harm - if everyone who was in the near vicinity were targets as suspects that would be incredibly unfair

why is it not considered a legal duty to help someone in peril

individuals intervening may be places in jeopardy one can misperceive a situation and create complications lack of expertise to save them may end up making it worse

how does status work in duty to intervene

individuals possess an obligation to assist their child, spouse, or employee

can you punish someone based on their status of being an addict or alcoholic

no punishment of individual based on status is also considered "particularly obnoxious" and "cruel and unusual" involves punishment for personal condition/characteristics that may not be translated into socially harmful acts

equal protection

no state shall deprive any person of life, liberty or property without due process of the law, or deny any person equal protection of the law enacted by the 14th amendment in 1868 primarily enacted due to slavery

mala prohibita

not inherently evil only seen as such bc its against the law ( tax evasion, leaving the scene of crime, prostitution )

how does contract work into duty to intervene

obligation can be created by an agreement - babysitter agrees to care for children

what is retribution

offenders should receive the punishment they deserve based on the seriousness of their criminal acts

what is the argument of what the primary goal of punishment is

one side = to assist offenders to turn their lives around other side = to safe guard society by locking offenders up

petty misdemeanor

other misdemeanors that are not gross aka less than 6 months in prison or a fine as punishment

3 things prosecutor must have when establishing beyond a reasonable doubt

person had possession of knowledge of the peril - can't be held liable if you didn't know the person was in danger person acted with the required intent person caused harm to the victim - failure to assist victim must have caused the harm

the legal equation for possession

possession = knowledge of presence + exercise of dominion and control + knowledge of the character of the object

what is the purpose of criminal law

primarily to protect the interests of society. the foundation of the criminal justice system. defines the conduct that may lead to arrest, trial, incarceration

rule of legality

the first principle of American criminal law and jurisprudence. it makes so that in individual may not be criminally punished for an act that was not clearly condemned in a statute prior to the time that the individual committed the act

criminal punishments

the imposition of hardship in response to a person's wrongdoing

mandatory minimum sentences

the legislature requires judges to sentence an offender to a minimum sentence, regardless of mitigating factors

explain the philosophy underlying the US constitutional democracy

the philosophy underlying the constitutional democracy is that the constitution needed to protect the rights of the individual against the tyrannical tendencies of the government. The framers believed that individuals possess natural inalienable rights, and these could be restricted only when completely necessary

determinate sentencing

the state legislature provides judges with little discretion in sentencing and specifies that the offender is to receive a specific sentence

legal basis for federal criminal law

the states have given the federal gov various powers to do big body things like declare war, collect taxes, interstate commerce the powers are set forth in the U.S. Constitution uses the federal criminal code with has all the criminal laws adopted by the U.S. Congress

preemption doctrine

the supremacy clause which states that fed law is superior to state law within ares that are preserve of the national gov

one purpose of statutory clarity is to ensure that individuals know what acts are prohibited by a law. t/f

true

strict liability offenses do not require a criminal intent. t/f

true

the criminal intent of purposely is considered the most serious criminal intent bc an individual deliberately violates a law and is not deterred by the threat of criminal prosecution, conviction, and punishment. t/f

true

individuals may be held criminally liable for using or selling narcotics although they may not be held criminally liable for the status of being a drug addict. t/f

true it is cruel and unusual punishment to be convicted of being addicted to use of narcotics

how does the US Constitution limit criminal law

- a state or local law may not regulate an area that is reserved to the federal government - a federal law may not encroach upon state power - a law may infringe upon the fundamental civil and political rights of individuals only in compelling circumstances - a law must be clearly written and provide notice to citizens and to the police of the conduct that is prohibited. A law must be nondiscriminatory and may not impose cruel and unusual punishment - a law also may not be retroactive and punish acts that were not crimes at the time they were committed - the ability of legislators to enact criminal laws is also limited by public opinion

various types of ex post facto laws

- every law that makes an action, done before passing of the law, and was innocent when done, criminal; and punishes such action - every law that aggravates a crime, or makes it greater than it was, when committed - every law that alters the legal rules of evidence, and receives less, or different, testimony, than the law requires at the time of commission of the offense, in order to convict the offender

required to punish an individual for possession

1. know the presence of an item 2. exercise actual or constructive possession 3. know the general character of the material

5 types of possession

1. actual possession = drugs and other contraband within an individual's physical possession or immediate reach 2. constructive possession = contraband that is outside of an individual's actual physical control which he or she exercises control through access to the location and where the contraband is stored or through the ability to control an individual who has physical control over the contraband - ex, drug dealer has constructive possession of narcotics stored in home or under the physical control of a member of his or her gang 3. joint possession = situation in which a number of individuals exercise control over contraband - ex, several member of a gang all live in the home where the drugs are stored 4. knowing possession = individual's awareness that he or she is in possession of contraband - ex, drug dealer is aware that there is marijuana in his or her pocket 5. mere possession = physical control without awareness of contraband -ex, individual may be paid by a drug dealer to carry a suitcase across international borders and lack awareness that luggage contains drugs

6 things that must be included to have Omission of a Duty

1. failure to act 2. status, statute, contract, assume a duty, peril, control, landowner 3. knowledge the victim in in danger 4. criminal intent 5. possession of the capacity to perform the act 6. would not be placed in danger

the four mental stares included in the Model Penal Code

1. purposely ( most serious ) - a persons conscious object to engage in conduct of that nature or to cause such a result. wants a desired outcome 2. knowingly - person is aware of the existence of such circumstances or believes/hopes that they exist; and if the element involves a result of their conduct, they are aware that it is practically certain that their conduct will cause such a result 3. recklessly - person consciously disregards substantial and unjustifiable risk that the material element exists or will result from his conduct. risk must disregard the standard of conduct that a law-abiding person would observe in their situation 4. negligently - person should be aware of a substantial and unjustifiable risk that the material element exists or will result from conduct. risk must be of such a nature and degree that the actor's failure to perceive it, and standard of care that a reasonable person would observe in the actor's position

test for determining coincidental intervening acts and responsive intervening acts

Intervening acts do not break the chain of causation caused by a defendant's criminal act unless the intervening act was unforeseeable. Responsive intervening acts do not break the chain of causation caused by a defendants criminal act unless the intervening act was both abnormal and unforeseeable.

Are we too concerned with criminal intent? Why not impose the same punishment on criminal acts regardless of an individual's intent? Is the father or mother of a child hit by a car concerned whether the driver was acting intentionally, knowingly, recklessly, or negligently?

No, criminal intent is very important Someone who intentionally murders someone or sets a house on fire, should be given a harsher sentence than someone who did is negligently or it was an accident. They didn't have the evil mind, so why should they be punished the same as someone who actually does? I think they would be. I would want the guy who killed my child while drunk driving or texting to get a harsher sentence than a guy who looked away from the road for one second and didn't see them. Yes. it's the same crime but one could have easily been avoided if the guy just didn't drink and drive or text, while the other was a mistake by someone who had no intention and took liberties such as not drinking and stuff to make sure when he got in the car he wouldn't end up hurting someone.

distinguish recklessness from negligence

Recklessness- a person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. Negligently- a person acts negligently with respect to a material element of an offense when he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct. Recklessness because one is being more dangerous than a normal person would be which increases likelihood of someone getting hurt Being stupid rather than just being unaware

efforts of the supreme court to ensure that the death penalty is applied in a proportionate fashion

SC judges said that there is no meaningful basis for distinguishing the few cases in which it is imposed from the many cases in which it is not

rational basis

a classification is presumed valid so long as it rationally related to a constitutionally permissible state interest. an individual challenging the statute must demonstrate there there is no rational basis for the classification. this rest is used in regard to the non suspect categories of the poor, elderly, and the mentally challenged and to distinctions based on age

bedrock principle of crime

a crime requires an act or omission and a criminal intent

strict scrutiny

a law singling out racial or ethnic minority bust be strictly necessary, and there must be no alternative approach to advancing a compelling state interest. this test is also used when a law limits fundamental rights

bills of attainder

a legislative act that punished an individual or group of persons without the benefit of a trial

presumptive sentencing guidelines

a legislatively established commission provides a sentencing formula based on various factors, stressing the nature of the crime and the offenders criminal history

knowledge

a person acts knowingly when the element involves a result of his conduct

purpose

a person acts purposely with respect to material elements of an offense when it is his conscious object to engage in conduct of that nature or to cause such a result more serious bc it was acted deliberately

coincidental intervening acts

arise when a defendant's act places a victim in a particular place where the victim is harmed by an unforeseeable event events that are foreseeable though, the defendant can be held liable

void for vagueness

can be applies when the law does not state exactly what an individual can or can not do so it goes against the due process clause due process requires that individuals receive notice of criminal conduct. due process requires that the police, prosecutors, judges, and jurors are provided with reasonably clear statements of prohibited behavior, it ensures clarity in criminal statutes

how does statute work in duty to intervene

can be created by a statute that imposes duty of care - statute requiring a doctor to report child abuse

two types of causes a prosecutor must establish beyond a reasonable doubt to convict someone

cause in fact = defendant's act must be the cause of harm in order for the defendant to be criminally convicted legal or proximate cause = defendant must be proven that only they caused the death of the victim, outside circumstances may arise

explain the statement that an individuals criminal act must be shown to be both the cause in fact and the legal or proximate cause

cause in fact = without the defendants actions, the victim would still be alive or unharmed must have proximate cause though to prove that it was not something else that caused the death, such as maybe the victim already had a bad wound when the defendant shot them

coincidental intervening act and responsive intervening act

coincidental = arise when defendants act places victim in a particular place where they are harmed by an unforeseeable event responsive = defendant who commits a crime is responsible for the natural and probable consequences of his or her action. a defendant is responsible for foreseeable responsive intervening acts

primary sources of criminal law

common law written law

year and a day rule

common traditional length of time for establishing differences in legal status the US is moving away from it bc there are a lot of legal precedents that overrule aspects of the year and a day rule

plea bargaining

defendant agrees to plead guilty ( or in some cases nolo contendere ) benefits - the defendant usually gets a lesser sentence if they let the state and courts forgo the whole jury and trial thing, saves money and time cost - some innocent people will do it so they don't get a harsher sentence concern = vests too much power in prosecutor's to decide a defendants punishment

criminal law

defines what is punished, and a criminal procedure sets forth the rules on how crimes are investigated and prosecuted

what are the 6 approaches to sentencing

determinate sentencing - state legislator provides the judge with little discretion in sentencing and specifies that the offender is to receive a specific sentence mandatory minimum sentencing - legislator requires judges to sentence offender to a minimum sentence regardless of mitigating factors indeterminate sentencing - state legislator provides judges with ability to set minimum/maximum sentences with defined limits presumptive sentencing guidelines - legislatively established commission provide sentencing formula based on various factors, stressing nature of crime and offenders criminal history consecutive sentences - sentence for each crime is served one after another concurrent sentences - sentences are served at the same time

8th amendment

excessive bail shall not be requires, no excessive fines imposed no cruel and unusual punishments inflicted

pardon

exempts individuals from additional punishment ( president can do this for big crimes - get someone off death row )

development of the common law

founded in 1066 by Norman King William and the Conquerer bc he wanted a uniform law for England made common law crimes that would be punished and had appointed judges to see that people who commit these crimes would get punished

specific and general parts of the criminal law

general parts - the building block to constructing what most specific have specific parts - the names of what crimes are called and he amount of punishment applicable to them

clemency

governors and president ( in federal offense cases ) may grant this to reduce sentence or change death to life sentence

Mens Rea

guilty mind or criminal intent important bc it is the second part of a crime, in intent a guilty mind has more intent than someone who accidentally did something

what does due process require

individuals receive notice of criminal conduct required to define criminal offenses with sufficient clarity so ordinary individuals are able to understand uniform and nondiscriminatory enforcement of law police, prosecutors, judges, and jurors are provided with a reasonably clear statement of prohibited behavior ensures uniform and nondiscriminatory enforcement of law

how does assumption of duty work into duty to intervene

individuals who voluntarily intervenes to assist another is charged with duty of care - taking a drunk person into your home and making sure they don't kill themselves

mala in se

inherently evil and would be seen as evil if the act was not illegal ( murder, rape, stealing )

specific intent

mental determination to accomplish a specific result prosecutor required to demonstrate that the offender possessed intent to commit actus + additional evidence that the defendant had specific intent to accomplish a particular result sometimes referred to as crimes of cause and result - offender possesses intent to cause a particular result

two things to keep in mind when considering negligence

mental state = the reckless individual is aware of and disregards the substantial and unjustifiable risk; the negligent individual is not aware of the risk objective standard = the negligent individual grossly deviates from the standard of care that a reasonable person would exhibit under a similar set of circumstances

right to privacy in the constitution

mentioned in Griswold v Connecticut. although it is not fully mentioned in the constitution it was implicitly incorporated into the text. it protects sanctity of the home, intimate activities, information, and public portrayal

why is concurrence so important when trying to prove a crime

must be concurrence between criminal act and criminal intent chronological concurrence = criminal intent must exist at the same time as a criminal act

dual sovereignty

sharing of power between federal and state govs where double jeopardy comes into play as well (remember the doubles )

son of sam laws

prohibit convicted felons from profiting off books, films or TV programs that recount their crimes

several criteria that are used to evaluate approaches to sentencing

proportionality, individualism, disparity, excessiveness, truthfulness, and purpose

public welfare offenses

protect society against impure food, defective drugs, pollution, and unsafe working conditions, trucks, and railroads

doctrine of overbreadth

provides that a statute is unconstitutional that is so broadly and imprecisely drafted that it encompasses and prohibits a substantial amount of protected speech relative to the coverage of the statute important aspect of the 1st amendment protection

general deterrence

punishes offenders as an example to others

constructive intent

reckless drivers and individuals who are grossly and wantonly reckless are considered to intend the natural consequences of their actions

examples of involuntary actions under the Model Penal Code

reflex or convulsion body movement during unconsciousness or sleep conduct during hypnosis or resulting from hypnotic suggestion bodily movement that otherwise is not a product of the effort or determination of the actor, either conscious or habitual

what is incapacitation

removes offenders from society to prevent them from continuing menace to others

purposes of punishment

retribution, deterrence, rehabilitation, and incapacitation

core concerns privacy protects

sanctity of home intimate activities information public portrayal

why were sentencing guidelines introduced

sentencing guidelines were introduced in an effort to provide for uniform proportionate and predictable sentences

what is megan's law

sexual offender registration law that every state has an acted by 1996 that was named after megan kanka, a seven year old who was sexually assaulted and murdered by neighbor who was an unregistered sex offender

selective incapacitation

singles out offenders who have committed designated offenses for lengthy incarceration

reasons for limiting the powers of state and federal government to enact criminal legislation

so that there can still be order and control without taking away too many rights from the people

hate speech

speech that degenerates, humiliate and attacks individuals on account of race, religion, ethnicity, nationality, gender, sexual preference, or other personal characteristics and preferences one of the central challenges in confronting the first amendment

code jurisdiction states

states that have their own jurisdiction in their specific state California has legalized weed but if you went somewhere that didn't you would be arrested bc that states jurisdiction code is different

what is the Good Samaritan Statute

statute that does not require an individual to assist but provided a degree of protection if they do

statutory clarity

statutes must be drafted in a clear and understanding way as to not be voided for vagueness

criminal procedure

study of the legal standards governing the detection, investigation, and prosecution of crime and includes areas such as interrogations, search and seizure, wire tapping and the trial process

is there a difference between criminal law and criminal procedure

substantive criminal law- analysis of the definition of specific crimes ( specific part) and of the general principles that apply to all crimes ( general part ) such as the defense of insanity. criminal procedure - study of the legal standards governing the detection, investigation, and prosecution of crime and includes areas such as interrogations, search and seizure, wiretapping, and the trial process. concerned with "how the law is enforced" criminal law involves "what law is enforces"

megans law

supreme court rules that the sanction provided for in megan's law was not a criminal punishment bc the law was not ex post facto, so people who violates the law before its creation could not be charged after it was made illegal

why did the SC rule that it is cruel and unusual punishment to execute juveniles

the SC said so unless in certain circumstances in juveniles 16 or 17 years of age the kids are not fully matured and have lots of influencing factors that they are much more susceptible too than an actual adult they should not be labeled and put together into the "worst of the worst" category as kids they are not allowed to see some R rated movies, they should not be allowed to be sentenced to death

term of years - why judges take such a hands off approach

the approach of the courts is applicable to the crime by looking at the state legislatures they take a hands off approach and go by the states own laws

attendant circumstances

the context of the act that helps in determining if it is criminal or not - a person driving a car is criminal or not depending on if it is their car

an important difference between the criminal intent of recklessness and the criminal intent of negligence is whether the offender is aware of the substantial risk caused by his or her act. t/f

true

what is causation and is it important to criminal

there must be something that was caused by the certain actions of a defendant i.e death or damage to property very important to criminal law and must be proven beyond a reasonable doubt

how were the guidelines affected by recent supreme court decisions

they have reformed the guidelines by eliminating rehabilitation as a means for imprisonment the goals were changes to reflect retribution, deterrence, incapacitation, and the education and treatment of offenders

recent approach of the US supreme court to plea bargaining

they know that it is a crucial part of of the criminal justice system but also don't want the scales to be in favor of one side or the other so they have set down rules such as the defendant must let their client know about the plea deals and that the judge can not give their say so not to influence the client

how do courts determine whether a method of punishment is prohibited under the eighth amendment

to decide if a method of punishment is prohibited the court considers the prevailing social values, the penological purpose, and human dignity

the legal test for determining whether a law that is neutral on its face is in violation of the Equal Protection Clause

to see if it benefits one race more than another. if it does, then it is a violation

the criminal law punishes voluntary criminal acts and does not penalize involuntary acts or thoughts about committing a crime. t/f

true thoughts are not actions and can't cause social harm extreme gov intrusion into individual privacy if they try to criminalize thoughts results in the disproportionate punishment of individuals for ideas that ultimately may not be translated into criminal conduct

the same criminal act may be considered more serious or less serious based on the offender's intent. t/f

true. murder with intent is seen as worse than accidental murder. while both end a life, one did it with purpose and intent punishment is varied on whether crime is intentional or accidental

the best source to consult to find a comprehensive and relatively easy statement of the criminal law in a state is the criminal code rather than the decision of the state supreme court. t/f

true. criminal code as the comprehensive written set of laws on crime and punishment

willful blindness rule

used in law when an individual seeks to avoid civil or criminal liability for a wrongful act by intentionally putting himself in a position where he will be unaware of facts that would render him liable

arguments for and against strict liability offenses

usually smaller crimes that warrant smaller punishments but are criticisms as inconsistent with the traditional concern with moral blameworthiness

victim impact statements

victims directly testify to the court to reming them that they are individuals who have been affected and not just a defendant who lost something

types of protections included within victims' rights

victims of crime act - created compensation for victims victims also get the right to be informed of all relevant information involving the prosecution, imprisonment and release of an offender as well as the right compensation and return of property

responsive intervening acts

victims response to the defendants actions i.e a victim jumping into water and drowning when being attacked by defendant issue is that the action must be foreseeable, not reasonable if action is unreasonable then the defendant may not be charged as harshly

three elements of actus reus

voluntary act or failure to perform one the cause of that act - death in a homicide social harm condemned under a criminal statute - the murder of someone

crime

whatever the law declares to be a criminal offense and punishes with a penalty, sometimes just warning

strict reliability

when a crime that does not require mens rea and an individual may be convicted based solely on the commission of a criminal act ( actus reus )

civil disabilities

when a person who has a legal right or privilege revokes as a result of a criminal conviction

transferred intent

when an individual intends to attack one person but accidentally injuries another classic formulation = defendant's guilt is "exactly what it would have been had the blow fallen upon the intended victim instead of the bystander" - also applies to property crimes

when does a duty arise to intervene to assist an individual in peril

when the situation involves status, contract, assumption of duty, and creation of peril

common law states

where the common law may be applied where the state legislature has not adopted a law in a particular area

what facts are important in establishing possession

where the drugs are found how the drugs were found who the drugs were found on how far the drugs were from people how well linked the drugs were to a certain person

Durman v Douglas

why some people (mostly blacks) got the death penalty while others got life even though they were convicted of the same crime state reaction = adopted mandatory death penalty laws that required defendants convicted of intentional homicide receive the death penalty

why is it so difficult to differentiate between negligence and recklessness

you do not know if someone knew the risk and did it anyways or was unaware of the risk of their actions and still did it - all you have to go off of is their word

why is it difficult to prove mens rea beyond a reasonable doubt

you would need to be in the persons brain to be able to know if they really meant to commit the crime. general, specific, and constructive intent are all the types of ways to prove mens rea