unit one exam criminal law

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

distinguish between criminal and civil law

Civil law is that branch of the law that protects the individual rather than the public interest

common law states

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

specific intent

a mental determination to accomplish a specific result

natural and probable consequences doctrine

a person encouraging or facilitating the commission of a crime will be held liable as an accomplice for the crime he or she aided and abetted as well as for crimes that are the natural and probable outcome of the criminal conduct

criminal conviction carries...?

a possible loss of liberty and is based on the higher standard of guilt beyond reasonable doubt.

civil liability is based on...?

a preponderance of the evidence standard

european bystander rule

a rule in europe imposing a legal duty on individuals to assist those in peril

determinate sentence

a sentence fixed by a state legislature

duty to intervene

a statute that imposes a duty of care/

incapacitation

a theory o punishment that protects the public by incarcerating offenders.

distinguish accomplice liability, and vicarious liability.

accomplice liability; holds individuals responsible who affirmatively aid and abet a criminal act with a purposeful intent. vicarious liability; employed to hold employers and business executives and corporations liable for the criminal acts of employees.

We don't have a duty to intervene- what is this rule?

american bystander law

clemency

an executive governmental official reduces a criminal sentence.

over breadth

an important act of the first amendment protection provides that a statute is unconstitutional that is so broadly and imprecisely drafted that it encompasses and prohibits a substation amount of protected speech relative to the coverage of the statue.

interstate commerce clause

Has interpreted its power to regulate interstate commerce as providing the authority to criminally punish harmful acts that involve the movement of good for individuals across state lines.

preemption doctrine

The Supremacy Clause of the US Constitution provides that federal law is superior to a state law within those areas that are the preserve of the national government. In 2012, the supreme court held that federal immigration law preempted several sections of an Arizona statue directed at undocumented individuals.

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

duty to intervene - control

an individual has a duty to direct and to care for the under his or her supervision and command, including employees or members of the military. applies to parents who intentionally or with criminal negligence fail to fulfill their duty to control their child

constructive possession

an individual who retains legal possession over property that is not within his or her actual control.

duty to intervene - assumption of a duty

an individual who voluntarily intervenes to assist another is charged with a duty of care.

mere prescense rule

an individuals presence at the scene of a crime generally does not satisfy the acts refs requirement for accomplice liability

model penal code

an influential criminal code drafted by prominent academics, practitioners, and judges affiliated with the american law institute to encourage state legislatures to adopt uniform approach to the criminal law.

general intent

an intent to commit an actus reus

actual possession

an object within an individual's physical possession or immediate reach

duty to intervene - contract

an obligation may be created by an agreement. ie: an babysitter who agrees to care for children or a lifeguard employed to safeguard swimmers.

knowingly

awareness that conduct is practically certain to cause a result

constitutional rule against ex post facto laws

based on the familiar interests in providing individuals notice of criminal conduct and protecting individuals against retroactive "after the fact" statutes.

double jeopardy

being prosecuted more than once for the same offense.

crimes against habitation

burglary, arson, trespassing

explain void for vagueness and the significance of this concept

cases in which the constitutionally protected rights and liberties of people to meet, greet, congregate in groups, move about, and express themselves are threatened.

tort

civil action for injury to an individual or to his or her property

duty to intervene - status

common law recognized that individuals possess an obligation to assist their child, spouse or employee.

year and a day rule

common law requirement, being abandoned by many states, that prevents a defendant from being held liable for murder when the victim dies a year and a day or more after the event that caused the injury

principals in the second degree

common law term for individuals who are present at the crime scene and assist in the crime

principals in the first degree

common law term for the actual perpetrator of a crime

what is the legal basis for federal criminal law?

compiles the criminal laws adopted by the US congress. such as tax evasion, mail and immigration fraud and so on.

crime

conduct that, if shown to have taken place, will result in a formal and solemn pronouncement of the moral condemnation of the community.

Amendment I

congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or 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.

recklessly

conscious disregard of a substantial and unjustifiable risk that constitutes a gross deviation from the standard of conduct that a law-abiding person would observe in the defendant's situation

State v. Fields

convicted or murder - was reversed due to involuntary deserved a jury instruction on consciousness.

strict scrutiny test

courts apply test in examining distinctions based on race and national origin

When does a duty arise to intervene to assist an individual in peril?

creation of peril. an individual who intentionally or negligently places another in danger and has a duty of rescue.

felony

crime punishable by death or by imprisonment for more than one year

caused the harm to the victim

defendant's failure to assist the victim must have caused the harm

vicarious liability

holding an individual or corporation liable for a crime committed by another based on the nature of the relationship between the parties

crimes against the person

homicide, murder, manslaughter

knowing possession

individual awareness of criminal possession

defendant

individual formally charged with a crime who is facing trial

rule of legality

the first principle of american criminal law and jurisprudence principle was developed by common law judges and is interpreted today to mean that an individual may not be criminally punished for an act that was not clearly condemned in a state prior to the time that the individual committed the act.

acted with the required intent

most omission cases involve death and are prosecuted as either murder or manslaugheter

plea bargain

negotiated agreements between the defense attorney and prosecutor and often approved by a judge.

code jurisdiction

no act or omission is criminal or punishable, except as prescribed or authorized by this code

nullum crimen sine lege, nulla poene sine lege

no crime without law, no punishment without law

american bystander rule

no legal duty to assist or to rescue an individual in danger.

just deserts

offenders receives sentence that he or she deserves.

mala prohibita

offense are not inherently evil - only wrong because they are considered wrong due to a statue

status offense

offense based on personal characteristics or condition rather than conduct; cruel and unusual punishment to impose criminal penalty.

infractions

offenses punishable by a fine.

what is the reason that the law requires a mens rea ?

there can be no crime, large or small, without an evil mind. the mental aspect of crimes.

causation

there must be a connection between an act and the resulting prohibited harm

why are individuals not punished for their thoughts?

they are not thoughts that are acted upon - freedom of speech- first amendment

may a defendant be criminally condemned for reckless driving despite the fact that an accident results from a stroke?

they knowingly got behind the wheel and drove despite knowing that they were unable to do that

crimes against the state

treason, sedition, espionage, terroism

involuntary act

unconscious act or automatism

mere possession

unknowing possession

jones v united states

was there a status to create that duty of care, was there a contact for her to take care of the child, did she breach the duty?

transferred intent

what occurs when the intent to harm one individual is transferred to another

gross misdemeanor

what some states to refer to crimes subject to between six and twelve months in prison

teen party ordinance

ordinances that make it an offense to hold a party at which minors are served alcohol

equal protection

originally did not provide for the equal protection of the laws. no state shall deprive any person of life, liberty or property without due process of law, or deny any person equal protection of the law.

petty misdemeanors

other misdemeanors

what constitutional conversations are involved in holding the owner of a automotive vicariously liable for the traffic tickets issued to the car?

parking statutes consider the owner of the vehicle prima facie responsible for paying the ticket. Unless you present evidence that you were not responsible, you are presumed liable for the ticket. approach seems to be based on the desirability of a smooth and efficient method of collecting money that avoids your hearings on the identity of drivers.

accomplice liability

parties liable as principals before and during the commission of a crime

accessories

parties responsible for the separate and lesser offense of assisting a criminal offender to avoid apprehension, persecution, or conviction

possession

physical control over property with the ability to freely use and enjoy the property.

Who grants pardons?

president

duty to intervene - property owner

property owners owe a duty of care to those invited onto their land

first amendment

protects freedom of expression, assembly, and the exercise of religion and prohibits the establishment of a religion.

civil law

protects the individual rights of the person rather than the societal interest

misdemeanor

punishable by less than a year incarceration

define a crime

punishable offense against society

general deterrence

punishment intended to deter individuals other than the offender committing a crime

Why is the model penal code significant?

purely advisory and is intended to encourage all 50 states to adopt a single uniform approach to the criminal law.

what are ways to prove mens rea?

purposely, knowingly, recklessly, and negligently

what is the difference between purpose and knowledge?

purposely: 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. knowingly: a person acts knowingly when: the element involves the nature of his conduct, and he si aware of the existence of such circumstances or he believes or hopes that they exist. (ii) if the element involves a result of his conduct, he is aware that it is practically certain that his conduct will cause such a result.

crimes against the person, sexual offense, and other crimes

rape, assault and batter, false imprisonment, kidnapping

public welfare offenses

regulatory offenses carrying fine that typically do not require a criminal intent

due process

requires that individuals receive notice of criminal conduct. statutes are required to define criminal offenses with sufficient clarity so that ordinary individuals are able to understand what conduct is prohibited. Requires that police, prosecutors, judges, and jurors are provided with a reasonably clear statement of prohibited behavior.

result crime

requires that the act cause a very specific harm and requires a specific intent

doctrine of legality is reflected in two constitutional principles governing criminal statutes

the constitutional prohibition on bills of attainder and ex post fact laws the constitutional requirement of statutory clarity

cause in fact

the defendant must be shown to be the "but for" cause of the harm or injury

purpose of punishment

the emphasis is on deterrence, retribution, incapacitation, education, and treatment of offenders rather than rehabilitation.

bill of rights

the first 10 amendments to the US constitution that create rights against the federal government

distinguished reckless from negligence?

(c) 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 of will result from his conduct. the risk must be of such a nature and degree that, considering the nature and purpose of the actor's conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a law-abiding person would observe in the actor's situation. (d) a person act 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. the risk must be of such a nature and degree that the actor's failure to perceive it considering the nature and purpose of his conduct and the circumstances known to him, involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation.

ex post facto laws

4 divisions - every law that makes an action, done before the 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 changes the punishment, and inflict s a greater punishment, than the law annexed to the crime, when committed. -every law that alters the legal rules of evidence, and receives less, or different, testimony, than the law required at the time of the commission of the offense, in order to convict the offender.

capital felony

A crime punishable by death or life imprisonment.

Amendment II

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

infamous crimes

Crimes that were considered to be deserving of shame or disgrace. Individuals convicted of these offenses such as treason or offenses involving dishonesty were historically prohibited from appearing as witness at a trial.

what is the purpose of criminal law?

Criminal law primarily protects the interests of society, and civil law protects the interests of the individual. The primary purpose of criminal law is to help maintain social order and stability

actus reus, mens rea, concurrence and causation

Elements of a crime

Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Amendment VII

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

define the preemption doctrine and dual soverignty

It is constitutionally permissible to prosecute a defendant for the same act a both the state and federal levels so long as the criminal charges slightly differ

Amendment III

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

eighth amendment

Prohibits cruel and unusual punishment and excessive bail or fines.

reception statutes

Provides that the states "receive" the common law as an unwritten part of their criminal law

intervening cause

a cause that occurs between the defendant's criminal act and a social harm

rational basis test

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

purposely

a conscious intent to cause a particular result

pinkerton rule

a conspirator is liable for all criminal acts taken in furtherance of the conspiracy

constitutional democracy

a constitutional system that limits the powers of the government

strict liability

a crime that does not require a criminal intent

predatory offense

a crime that is a step toward an even more serious offense

actus reus

a criminal act, the physical or external component of a crime.

concurrence

a criminal intent mut trigger must coincide with a criminal act

coincidental intervening acts

a defendant's criminal act results in the victim being at a particular place at a particular time and being impacted by an independent intervening act. The defeat is responsible for foreseeable coincidental intervening acts.

responsive intervening acts

a defendants intervening criminal act leads to an act undertaken by the victim in reaction to the threat. an unforeseeable and abnormal responsive act limits the defendant's criminal liability

true threat

a developing body of law prohibits threats of bodily harm directed at individuals. judges must weigh and balance a range of factors in determining whether a statement constitutes a political exaggeration or a true threat.

negligently

a failure to be aware of a substantial and unjustifiable risk that constitutes a gross deviation from the standard of care that a reasonable person would observe in the actor's situation

precedent

a judicial opinion that controls the decision of a court presented with the same issue. a court may conclude that a precedent does not fully fit the casein is adjudicating and distinguish the case before it from the existing precedent.

bills of attainder

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

presumptive sentencing guidelines

a legislatively established commission establishes a sentencing formula based on various factors, including the nature of the crime and offender's criminal history. judges may be strictly limited in terms of discretion or may be provided with some flexibility within established limits to depart from the presumptive sentence.

terms of years

deferred to the decisions of sate legislatures and the congress in regard to sentencing decisions and generally have held that prison sentences are proportionate to the offender's crime.

hate speech

defined as speech that denigrates, humiliates, and attacks individuals on account of race, religion, ethnicity, nationality, gender, sexual preference, or other personal characteristics and preferences. should be distinguished from hate crimes or penal offenses that are directed against an individual who is a member of one of these protected groups.

crimes agains the public order

disorderly conduct

intermediate level of scruitny

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 over broad generalizations.

death penalty

does not violate the eighth amendment. capital punishment, however, is subject to a number of constitutional limitations under the eighth amendment intended to ensure that death is a penalty proportionate to the offender's crime.

void for vagueness

due process requires that criminal statutes should be drafted in a clear and understandable fashion - a statute that fails to meet this standard is unconstitutional on the grounds

police power

duty to protect the well being and tranquility of a community and to prohibit acts or things reasonably through to bring evil or harm to its people

libel

enables individuals to recover damages for injury to their reputations. expression that lacks social value expression directly causes social harm or injury expression is narrowly defined in order to avoid discouraging and deterring individuals from engaging in free and open debate

what is the importance of the principle of concurrence?

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

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

evidence that helps us indirectly establish a criminal intent or criminal act - circumstantial evidence

circumstantial evidence

evidence that indirectly establishes that the defendant possessed a criminal intent or committed a criminal act

pardon

exempts an individual from additional punishment forgiveness of the crime, the crime you can be pardon for a period of time.

omission

failure to act or intervene to assist another

federal criminal code

federal criminal statutes

distinguish between felonies, misdemeanors, capital felonies, gross and petty misdemeanors, and violations.

felonies - a crime punishable by death or by imprisonment for more than one year. misdemeanor - crimes punishable by less than a year in prison gross misdemeanor - used in some states to refer to crimes subject to between six and twelve months in prison petty misdemeanors - other misdemeanors violation (infractions) - states designated a third category of crimes, tend to be acts that cause only modest social harm and carry fines. capital felonies - crimes subject either to the death penalty or to life in prison in states that do not have the death penalty.

sanctity of the home

freedom of the home and other personal spaces from arbitrary government intrusion

intimate activities

freedom to make choices concerning personal lifestyle and an individual's body and reproduction

scienter

guilty knowledge

basic principles that compose the general part of criminal law?

harm, warning, definition, punishment, seriousness, & victims.

what is the significance of the interstate commerce clause?

has interpreted its power to regulate interstate commerce as providing the authority to criminally punish harmful acts that involve the movement or goods or individuals across state lines ie: transportation of stolen automobiles

common law crimes

have been developed including, arson, burglary, larceny, manslaughter, mayhem, rape, robber, sodomy, and sucide. Followed by criminal attempt

what are the reasons behind the American rule

individuals intervening may be placed in jeopardy bystanders may misperceive a situation, unnecessarily interfere, and create needless complications. individuals may lack the physical capacity and expertise to subdue an assailant or to rescue a hostage and place themselves in danger. the circumstances under which individuals should intervene and the acts required to satisfy the obligation to assist another would be difficult to clearly define. criminal prosecutions for a failure to intervene would burden the criminal justice system individuals in a capitalist society are responsible for their own welfare and should not expect assistance from others most people will assist others out of a sense of moral responsibility and there is no need of the law to require intervention.

accessories after the fact

individuals liable for assisting an offender to avoid arrest, prosecution, or punishment.

parties to a crime

individuals liable for assisting another to commit a crime

accessories before the fact

individuals under the common law who assist an individual prior to the commission of a crime e and who are not present at the scene of crime

constructive intent

individuals who act in a gross and wantonly reckless fashion are considered to intend the natural consequences of their actions and are guilty of willful and intentional battery or homicide

what is punished more severely recklessness or negligence? why?

individuals who act purposely deliberately create a harm, and individuals who act knowingly are aware that injury is certain to follow. individuals acting recklessly, in contrast, disregard a strong probability that harm will result.

distinguish between a criminal act and a tort

injury to person or to his or her property

what are the different types of mens rea?

intentionally, knowingly, fraudulently, designedly, recklessly, the variety disparity and confusion of the judicial definition of the elusive mental element of a crime.

criminal procedure

investigation and detection of crime by the police and the procedures used at trial

kellog v the people

judgement was affirmed the punishment was low and fit the crime. although he couldn't help it, no mens rea, it was strict liability law and he deserved the punishment.

willful blindness

knowledge is imputed to individuals who consciously avoid awareness in order to avoid criminal responsibility

explain the willful blindness rule

knowledge is imputed to individuals who consciously avoid awareness in order to avoid criminal responsibility.

crimes against property

larceny, embezzlement, false pretenses, receiving stolen property, fraud

minimum level of scrutiny test

law presumed constitutional so long as reasonably related to a valid state purpose.

good samaritan statue

legislation that exempts individuals from civil liability who assist individuals in peril

bill of attainder

legislative acts directed against an individual or group of individuals imposing punishment without trial

social host liability laws

liability for serving or providing alcohol to minors in the even tor an accident or injury.

what are the requirements for an individual to be considered an accessory after the fact?

mere presence rule provides that being present and watching the commission of a crime is not suffiencient to satisfy the acts rebus requirement of accomplice liability. A mere presences is ambiguous.

violations

minor crimes punishable by fines and not subject to imprisonment also known as infractions.

mala in se

moral turpitude - inherently evil

what is the difference between mala in se and mala prohibits crimes?

moral turpitude which is defined as evil mala in se is defined as inherently evil and would be evil if not prohibited by law. mala prohibita is offenses that are not inherently evil and are considered only wrong because they are prohibited by a statute.

what are the two primary tests for determining corporate liability?

respondent superior or the responsibility of a superior; a corporation may be held liable for the conduct of an employee who commits a crime within the scope of his or her employment who possesses the intent to benefit the corporation. model penal code section 2.07; criminal liability is imposed in those instances that the criminal conduct is authorized, requested, commanded, performed, or recklessly tolerated by the board of directors or by a high managerial official acting on the behalf of the corporation within the scope of his or her office of employment.

incorporation theory

resulted in a fairly uniform national system of individual rights that includes freedom of expression

privacy

sanctity of the home, intimate actives, information, public portrayal.

what actus reus is required for an accomplice?

satisfied by even a relatively insignificant degree of material or psychological assistance. constitution of aiding and abetting a crime and as accomplice liability

assists forteiture

seizure pursuant to a court order of the "fruits" of illegal narcotics transactions (along with certain other crimes) or of material that was used to engage in such activity.

concurrent sentences

sentences for each criminal act are served at the same time

consecutive sentences

sentences for each criminal act are served one after another

disparity

sentences for particular offense are not uniform and vary from one another

judicial discretion

sentencing greatly reduced. federal government and states have introduced sentencing guidelines and mandatory minimum sentences ie: three strikes law

joint possession

several individuals exercise dominion and control over an object

megan's law

sexually violent offender registration laws are named in memory and honor of Megan Kanka, a 7-year-old New Jersey child who was sexually assaulted and murdered by a neighbor in 1994

dual sovereignty

sharing of power between federal and state governments. Each has different interests that permit both a state and a federal prosecution for the same crime.

how does this differ from the determination of a cause in fact or a "but for analysis?

simply requires you to ask whether "but for" the defendant's act, would the victim have died? cause and effect question.

substantive criminal law

specific crimes, defenses, and general principles

parental responsibility laws

statutory rule that parents are responsible for the criminal acts of their children

restoration

stresses the harm caused to victims of crime and requires offenders to engage in financial restitution an community service to compensate the victim and the community and to "make them whole once again" Recognizes that the needs of victims are often overlooked in the criminal justice system. encourages members to be responsible individuals of society.

what is the difference between a crime requiring a criminal intent and a crime requiring strict liability?

strict liability offense is a crime that does not require a mens rea, and an individual may be convicted based solely on the commission of a criminal act. ensured that offenders were morally blameworthy. 1) the offense is not a common law crime 2) single violation poses a danger to a large number of people 3) the risk of the conviction of an "innocent" individual is outweighed by the public interest in preventing harm to society 4) a conviction does not harm a defendant's reputation 5) law does not significantly impede the rights of individuals or impose a heavy burden 6) acts that most people avoid, and individuals who engage in such acts generally possess a criminal intent.

fleeting possession

temporary dominion and control over an object; typically not considered possession for purposes of criminal liability.

supremacy clause

the clause in the US constitution that provides that federal laws take precedence over state laws

attendant circumstances

the conditions or context required for a crime.

Define the rule of legality. What is the reason for this rule?

the first principle of american criminal law and jurisprudence. developed by common law judges and is interpreted today to mean that an individual may not be criminally punished for an act that was not clearly condemned in a state prior to the time that the individual committed the act. reflected in two constitutional principles: 1) constitutional prohibition on bills of attainder and ex post facto laws 2) constitutional requirement of statutory clarity

derivative liability

the guilt of a party to a crime based on the criminal acts of the primary party.

corporate liability

the imposition of vicarious liability on a corporate officer or corporation

voluntary act

the individual is aware and fully conscious of acting. This is distinguished from an involuntary act, unconscious act, or automatism.

crimes of cause and result

the intent to achieve a specific result

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

the law defines the acts that may lead to arrest, trial, and incarceration, is best defined as conduct that if shown to have taken place, will result in the formal and solemn pronouncement of the moral condemnation of the community. prohibits conduct that causes harm or threatens harm to the individual and to the public interests, to warn people of theca's that are subject to criminal punishment, to define criminal acts and intent, to distinguish between serious and minor offenses.

duty to intervene

the legal obligation to act

proximate cause

the legally responsible cause of a criminal harm; may involve policy considerations

mandatory minimum sentence

the legislature requires judges to sentence an offender to minimum sentence, regardless of mitigating factors. Prison sentences may be reduced by good-time credits while incarcerated.

mens rea

the mental element of a crime

possession of knowledge of the peril

the prosecution must establish that ian individual was actually aware or should have been aware that another person was in danger.

information

the right to prevent the collection and disclosure of intimate or incriminating information to private industry, the public, and governmental authorities

public portrayal

the right to prevent your picture or endorsement from being used in an advertisement without permission or to prevent the details of your life being falsely portrayed in the media.

beyond a reasonable doubt

the standard of proof applied in a criminal case, requires that a judge or juror is convinced beyond moral certainty

preponderance of the evidence

the standard of proof in a civil case. the facts are probably more in favor of one side than the other

indeterminate sentence

the state legislature provides judges with the ability within certain limits to set a minimum and maximum sentence. While imprisoned, the offender is evaluated by a parole board.

what is meant by the statement that legal or proximate cause is based on a judgement of what is just or fair under the circumstances?

whether it is fair to hold the defendant liable for the cause. was it foreseeable, when the defendant committed for the act.

fighting words

words directed to another individual or individuals that an ordinary and reasonable person should be aware are likely to cause a fight or breach of the peace are prohibited under the fighting words doctrine.

incitement to violent action

words provoking individuals to breach the peace

can you petition a pardon on your own?

yes

can omission be a crime?

yes, you have a duty. contract, parent, employer, mandatory reporter, CEO,