Criminal Law Midterm

Washington State's _____, enacted in 2008, permits physician-assisted suicide under certain restrictions.

"Death with Dignity Act"

define the following: independent intervening cause intervening cause dependent intervening cause apparent safety doctrine

(superseding cause) cause that could not be intended or reasonably foreseen by defendant. Ex: joe is stabbed by larry, but larry inflicts only minor injuries before joe flees. Joe then goes to hospital for treatment but is shot at the hospital randomly. another event besides the actions of the defendant that resulted in harm after the defendant acted. If there is an intervening cause that is responsible for resulting harm, defendant may not be legal cause of said injury-court determines other causes cause that is either intended or reasonably foreseen by defendant, responsive intervening cause, carjacker draws gun on victim and demands the keys but the victim hits the gas and flees only to be killed by a big bus- the car jacker is held responsible for death. legal principle that states the defendant is not the legal cause of a resulting harm if the victim reaches a place of apparent safety, at which point an intervening cause of harm comes into play. Ex: man argued with wife, beat her, and later drove her away from the home and left her close to her fathers house. Instead of entering house, the woman decided to sleep outside in cold. She froze to death and husband was not left liable.

define the following test: dangerous proximity test indispensable element test probable desistance test physical proximity test

- actus reus is satisfied once the individuals conduct is in dangerous proximity to success. An attempt is said to occur when the act is s o near to the result that the danger of success is very great. It does not require physical proximity, only a high degree of likelihood that the target offense will be completed. does not look at proximity to crime completion, but looks at what is lacking such that the crime could not be completed. The test focuses on whether the defendant has control over everything that they need to complete the crime. Ex: people want to make liquor, but they need a still. The still was the indispensable element, so they were not guilty of attempting to manufacture illegal liquor. likelihood of the offender stopping once the wheels have been set in motion. The American law institute came up with this test, nothing that attempt occurs when the act reached a point where It was unlikely that he would have voluntarily desisted from his effort to commit crime. Looks at point of no return. offender must be physically close to intended crime. The action must go so far that it would result, or apparently result in the actual commission of the crime it was designed to effect. Problem with this test: possible defendant is no where near crime. A person could use the internet and attempt to take money from another account without any requirement that the first person be in close physical proximity.

What are exceptions to the Blockburger rule? (4 situations where double jeopardy doesn't apply)

-Conduct committed after the first prosecution; if the second prosecution is based on conduct committed after first prosecution -Defendant responsible for the 2nd prosecution -Court Hearing the First offense lacks jurisdiction -Defense Plea bargains over the prosecution's objection

What issues complicate complicity law? (5)

1) Non-proxyable offenses- crime that can only be committed by a specific person or class of individuals. Ex: woman fraudulently induced a public official into issuing a false cert, a crime that only a public official can commit. Because the official was fraudulently induced to commit the crime, crim liability did not attach and the woman went free because she can not be an accomplice to a crime someone did not commit. 2) Pretending Principle- cannot be an accomplice to a crime that someone pretended to commit. One instance is that you go free, or another is if you are convicted even though undercover agents were pretending to commit crime. 3) Meaning of Intent- Does intent mean deliberate purpose to commit the act? Or could it mean something less, such as simple knowledge?. Ex: Janis rented one of his houses to some people who conducted illegal gambling act within it, using a wireroom. Jury was given the ostrich instruction which is: they may infer knowledge from a combo of suspicion and indifference to the truth. If they find that a person had a strong suspicion that things were not what they seemed, or the that someone had withheld some important facts, yet shut his eyes for fear that he would learn, they may conclude that he acted knowingly. Jury convicted him, but supreme court said that they needed to have more than just knowledge to be an accomplice, as he would have needed to be associated with action 4) What happens if the primary party is acquitted- sometimes can be acquitted for lack of mens rea, sometimes acquitted because primary was also acquitted. Sometimes, accomplice can still be liable as an accomplice if primary goes free 5) Whether an accomplice can be "more guilty" than the primary party- must both the accomplice and principal be convicted of the same offense? Can the accomplice be convicted of a more serious offense than the principal?—yes. A wife hired two men to beat her husband severely, however they merely roughed him up. The wife could not be convicted of a more serious crime than the men who roughed him up. Alternatively, cali supreme court ruled that an accomplice to murder can be found guilty of a more serious form of homicide than the primary offender—ex: accomplice premeditated the murder, while the principal does not.

What are the defenses to conspiracy?

1) abandonment: usually no abandonment in conspiracy defense because since the essence of conspiracy is agreement, once the agreement is made, the proverbial horse has already left the barn. It may work as something of a defense to charges for subsequent crimes arising from conspiratorial agreement, if one part to a conspiracy withdraws and then finds themselves charged with conspiracy for crimes committed afer such withdrawal, then the defense may succeed- renunciation. 2) impossibility- rarely comes up, but is possible defense. Is jack and kill just bought a new mattress to replace their tired one. They notive on the side of the mattress a tag that says "under penalty of law, this tag may not be removed". They decide to tear it off, thinking this is a crime. They fail to notice that the tag also says except by the consumer. They have not committed a crime, even tho they think they have. This is legal impossibility. Factual impossibility would be if frank and larry plan to commit murder. One buys a gun, then they agree to break into johns house in the middle of the night and shoot him. Except john died of a heart attack earlier that night. So when they shoot him, hes already dead. They will probably face charges for attempted murder even tho it was factually impossible. 3) withdrawal- no requirement that the defendant seek to defeat the conspiracy. More widely available than abandonment. As it starts the clock on the statute of limitations, the statute of limitations starts at the point of withdrawal, not at some subsequent point in time if another crime is committed that the defendant did not agree to or participate in. Required that the defendant either advise his co-conspirators that he is no longer involved in it or inform police.

According to Joshua Dressler, what are means by which assistance is typically provided and explain them for accomplice liability? It can be any.

1) assistance by physical conduct- actus reus is present by literally giving something, or casing the crime scene in advance of the robbery 2) assistance by psychological influence- coaxing, encouraging, persuading, soliciting. Mere presence at the scene is not enough. Action needs to indicate crime, or individual may not be liable- ex of being liable if you say many times how you want your mom killed and show someone a gun and say "I wouldn't give you any problems" 3) assistance by omission- omission will only result in conviction if the omitter has the duty to intervene. Ex: mom stood by and did not attempt to intervene while her child was being assaulted.

What are the difficult question(s) facing prosecutors regarding conspiracy?

1) who is involved in the conspiracy? 2) how many conspiracies are there? Their answers can help prosecutors decide on the proper venue in which to try the cases, whether joint trials are warranted, what offense the parties can be liable for.

Which case assisted in the creation of the crime of embezzlement, as it was one of the few crimes that were not defined as a crime at common law?

1799 Bazeley case: Bazeley, a bank teller, took a customers deposit and pocketed it, rather than put it in the till. He was acquitted of larceny because he took possession of the money, which was given to him voluntarily from the customer. But the bank never had possession of the money because bazeley never put it in the till. It was never in his employers possession, much less its custody. Once it was realized that people could act dishonestly like this and escape larceny convictions, embezzlement convictions were created.

In the ___________, the Court decided the death penalty, as it was being carried out at the time, was unconstitutional.

1972 case Furman vs Georgia

A murder that is willful, premeditated, and deliberate?

1st degree murder

Define: voir dire peremptory challenge challenge for cause jury nullification jury villification

3 steps: 1)judge asking questions concerning potential jurors' familiarity with the case, attitudes towards one or other part to the case, demographic info. 2) defense and prosecutions have opportunity to examine jury for potential bias and choose the jury that best suits their desires. opportunity for attorneys to excuse a prospective juror for any reason. They are limited, and race cannot be used as a basis for exercising peremptory challenges opportunity for attorneys to excuse prospective juror for cause (racial prejudice), and these challenges are unlimited. jurors practice of either ignoring or misapplying the law in certain situations. Sometimes return a guilty verdict in cause where defendant is innocent, vice versa is the opposite, where the jury may return verdicts that are prejudiced or bigoted comm standards and convict when evidence does not warrant a conviction.

The ____ amendment applies to criminal proceedings.

5th

How many district courts are there in the U.S.?

94 federal in US, district of Col, and US territories

What is the Void for Vagueness?

A constitutional doctrine based on the fifth and fourteenth amendments to constitution requiring that laws be written with sufficient clarity and specificity. (obscenity cases, loitering and vagrancy cases)

What are the inchoate offenses and define them? (3)

A crime that has not been completed- they are attempt, conspiracy, and solicitation. Attempt- an inchoate offense in which the defendant has the specific intent to commit the underlying offense and takes some action in furtherance of that intent, but is unsuccessful in completing the crime. There are 4 elements of attempt to commit a crime: 1- intent to commit it 2- an overt act towards its commission 3- failure of consummation 4- and the apparent possibility of commission One and two are mens rea and actus reus of the attempt. The last 2 elements- failure of consummation and the apparent possibility of commission- are self-explanatory. Conspiracy- planning but not committing a crime. Often involve 2 or more people and thus tend to resemble some of the accomplice liability situations. The difference is that conspiracies are plans and agreements to commit one or more specific crimes. Closely resembles complicity because one or more people can be held crim liable for the actions of someone else Solicitation- an inchoate offense that occurs when a person entices, advises, incites, orders, or otherwise encourages someone else to commit a crime. There is no requirement for crime to be completed. Typically limited to felonies or misdemeanors that involve obstruction of justice or breach of peace. It can be tried the same as the actual grade or crime intended to commit. Under common law, was a specific intent crime, meaning that the solicitor must have intended for the solicited to commit a particular crime. Could offer money.

What is the Ostrich Instruction?

A jury instruction regarding the mens rea of the accomplice liability that allows the jury to infer knowledge on the part of the defendant from indifference to finding the truth.

The individual must notify the principal and neutralize the effects of any assistance offered at that point which is referred to as?

Abandonment. One who assists in the commission of a crim act may choose to withdraw from the effort and abandon their intent to participate. If someone provided a weapon for the principal to use, they must get it back. Cant just decide to up and leave a crime.

A person who helps the principal after the criminal event takes place?

Accessory after the fact. Ex: after causing a fatal traffic accident, the driver and passenger fled the scene and were assisted by friends in dismantling the car so it was not detected.

Someone who solicits, encourages, or commands another to offend?

Accessory before the fact. Coercion cannot be used, however the accessory before the act would become the principle in the first degree and person who actually commits act will be an innocent instrumentality. Ex: ordered a hit man

What are the two parts to the mens rea of accessory liability?

Accessory must have known that the crime was committed. The individual must have aided the principal for the purpose of hindering arrest and prosecution.

What are the basic elements to criminal liability?

Actus reus, mens rea, concurrence

Our system of justice is known as an adversarial system. why?

Adversarial system of justice pits two parties against each other in the pursuit of the truth. We have this because it is based on the many protections our constitution and laws afford people. There are always two competing sets of interests working against each other. Also, the founding fathers were concerned with oppressive governments. Adversarialism promotes argument, debate, openness.

What is the Blockburger Rule?

An offense is considered the "same offense" for purposes of double jeopardy if two separate statutes that define the offense both contain the same elements (A, B, and C). if one crime contains elements A B C, and the other has elements A and B, both are considered the same offense because neither statute requires proof of a fact that the other does not. Separate offenses would be in one crime had A B and C, while the other offense contained A B and D.

What are the elements of Arson under common law?

Arson is intentionally setting a fire to burn a structure or other physical prop. At common law, arson was limited to dwellings, requiring four elements: malicious, burning, of dwelling, of another

______ is the intent to commit a crime coupled with an act taken toward committing the offense.

Attempt

The U.S. Supreme Court held that the three drug method of execution by lethal injection does not violate the 8th Amendment in what case?

Baze vs. Rees 2008. Petitioners in this case (double homicide) acknowledge that lethal injection procedure will result in a humane death.

What are common law elements to burglary?

Breaking and entering Of the dwelling of another During the night With intent to commit felony inside

What is the evidentiary standard necessary for the prosecution to prove?

Burden of proof is that requirement of the prosecution to convince jury with regard to certain issue. Burden of proof falls to prosecution to establish he defendant's guilt. The prosecutor must present proof beyond reasonable doubt (95) that the defendant committed the crime.

What is Common Law?

Case law or judge-made law, the law developed in early England by judges who wrote down their decisions and circulated them to other judges. The law "in common". King William and norman dukes consolidated lands and started taking control of the legal system. Precedent was set when judges came together to share decisions.

What is the Principal in the first degree?

Common law term used to describe the primary offender in a crime. It is the person who actually commits the crime, either by his own hand or by an inanimate agency or instrumentality.

_______ law is difficult to grasp because it involves multiple offenders. (involvement in a crime as an accomplice)

Complicity

The __________________ is federal legislation that criminalizes various types of cybercrime.

Computer Fraud and Abuse Act

When actus reus and mens rea existing simultaneously, it is called what?

Concurrence

____ is a system of government that lacks a strong central government

Confederation

An agreement to reach to commit a crime is known as what?

Conspiracy- an inchoate offense in which an agreement is reached to commit crime. You can be convicted of conspiracy and the crime itself.

What is the Void for Overbreadth?

Constitutional principle requiring that laws do not infringe on constitutionally protected behavior. Law will be void for overbreadth if it prohibits action that is protected by constitution. A law that criminalized starting a riot and saying something bad about president would be overly broad and unconstitutional.

The liability of a corporation for the actions of its agents and employees?

Corporate vicarious liability: respondeat superior "let the master answer". General rule today: corp is crim liable for actions if when those agents act in the official scope of their employment for the benefit of the company.

What are property offenses and which are more serious?

Crimes against property and cause damage. The more serious ones are arson

The form of law that describes how suspected and accused criminals are to be handled and processed by the justice system?

Criminal procedure is a vast set of rules and guidelines that describe how suspected and accused crim are to be handled and processed by the system. It preserves the rights of individuals who are seized, searched, arrested and inconvenienced by officials. It arms other actors (judges) with the necessary info to preserve the rights of individuals accused of crim act. Procedure over substance. Important: search and seizure, confessions and interrogation, due process. The "how"

The U.S. Supreme Court decided what in Diaz v. U.S.?

Defendant was convicted of assault and battery. When victim later died, the defendant was charged with homicide. The court stated that the death of the injured person was the principal element of the homicide, but was not part of the assault and battery. The time of the trial had not ensued until after the death. Double jeopardy doesn't apply to two convictions where one happened after the other

What are the Rape Shield Laws?

Defense attorneys are now significantly limited in their abilities to attack the credibility of a suspected rape victim because of the rape shield laws that have been enacted since 1974. They are statutes that restrict the admissibility of the victims past sexual history at trial.

When corporations are given an opportunity to "correct their ways" before criminal law is used that is known as?

Deferred prosecution agreement. Often occurs with close monitoring of feds in justice dept.

__________ are likened to killings based on "extreme recklessness" or "extreme indifference" to human life.

Depraved heart killings

Explain the hierarchy of the Federal Court System?

District court (lowest level, no appellate jurisdiction), Court of Appeals (consider different matters depending on where they lie in the court hierarchy, intermediate, 12 regional circuit courts, no original jurisdiction), US Supreme Court (highest court, nine justices, appeals jurisdiction through certiorari process, limited original jurisdiction over some cases)

What are examples of separate battery statutes?

Domestic battery by strangulation Battery of law enforcement officers, firefighters, emergency medical care providers, public transit employees or agents, or other specified officers Battery on sexual violent predatory detention or commitment facility staff Battery on juvenile probation officer Battery on health services personnel Battery on persons 65 years of age or older Battery on code inspectors Child battery....no battery on educators

What does the 5th Amendment to the U.S. Constitution protects against?

Double jeopardy: prevents an individual who has been convicted or acquitted from being tried twice or punished for the same crime. Double jeopardy happens when reprosecuted after acquittal, reprosecuted after conviction, subjected to separate punishments for same offense.

What is Ex post facto law?

Enacted in order to retroactively punish behavior. "after the fact". The ban on ex post facto makes sense as it would be unfair to punish someone for an action that was not illegal when it was committed. 1) law criminalizes act that was legal when committed 2) law increases the punishment for act after committed 3) takes away defense that was available when crime was committed.

How many states penalize "contributing to the delinquency of a minor"?

Every state

What are the following federal agency tasked with investigation related to computer crimes? FBI US Postal Inspection Service Federal Trade Commission US Secret Service

FBI: comp intrusion, password trafficking, counterfeiting of currency, internet fraud/spam, internet harrassment, internet bomb threats, trafficking in explosive or incendiary child exploitation and internet fraud internet fraud and spam computer intrusion, password trafficking, counterfeiting of currency, internet fraud and spam

_______ occurs when extraneous circumstances prevent the defendant from completing the intended crime.

Factual Impossibility

what is considered cybercrime?

Falls into two separate yet closety related categories of theft (thieves using comp to steal a wide range of info from unsuspecting victims, ranging from ordinary citizens to powerful corp) and property invasion and destruction (gain access to sensitive data systems do that they can steal info, which is why both types of activity are interrelated) Can include everything from flagrant attacks through use of viruses, trojan horses, software piracy, malware, phishing emails wire tapping is not cybercrime Social engineering- obtaining passwords or other sensitive info from individuals

What is the term for the speech that is protected under the 1st Amendment?

Free speech, expressive conduct

In the case __________, the court argued that for accomplice liability to attach, the actus reus component requires that the defendant "...aid, abet, assist, or facilitate the commission of the particular substantive crime for which the state seeks to hold the defendant liable as an accomplice."

Hensel v State (accomplice provided dynamite)

Explain what the below Amendments protect: 6th 4th 5th 8th

In all crim prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district 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. rights 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 probably cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a granny jury, except in cases arising in the land or naval forces, or in militia, when in actual service in time of war or public danger, nor shall any person be subject to the same offense to be twice put in jeopardy of life or limb, nor fall be compelled in any case to be a witness against himself, nor be deprived of life, liberty, property without due process of law, nor shall private prop be taken for public use, without just compensation. - excessive bail shall not be required, nor excessive fi nes imposed, nor cruel and unusual punishments inflicted.

________ are crimes that are partial, unfinished; begun but not completed.

Inchoate Crimes

What is solicitation?

Inchoate offense that occurs when a person entices, advises, incites, orders, or otherwise encourages someone else to commit crime. Consists of an offer, while conspiracy consists of an agreement

Explain substantive criminal law.

It is separate/distinct from the law of criminal procedure. about the substance of the law, what it prohibits, what types of individuals can be punished for violating it. Focuses on a number of critical topics, including the basic elements of crime, defenses available to criminal conduct, rules governing crim activity that stops short of completion, and liability for people who conspire together in furtherance of their illegal actions. Concerned with the differences between the many types of illegal activity named in criminal statutes at the fed, state, and local level. The "what"

_______________ refers to the state's power to hear a criminal case and render a verdict.

Jurisdiction

The U.S. Supreme Court held that the death penalty was unconstitutional for the rape of the child, where the rape does not result in death in what case?

Kennedy vs. Lousianna 2008: court held that even rape of a child, where rape does not result in death, is also unconstitutional.

What is the Bill of attainder?

Law that criminalizes conduct without the benefit of a trial. This is unconstitutional.

What is the Principle of Legality?

Legal principle stating that a defendant cannot be convicted of a crime unless there is specific legislation making it illegal and defining the potential punishment. Nullemcrimen, nullapoena, sinelege - "there is no crime without law, no punishment without law". Advantage is that a crim code provides prior notice to the people of what behavior is illegal. Ex- would be terrorists

What are the three branches of governmental and their authority?

Legislative: makes the laws. Executive: enforces the laws (high level officials like president, his cabinet, municipal officers and local prosecutors). Judicial: interprets laws (congress - house of reps and senate), court system that decides meaning of the laws, how theyre applied, and when they are unconstitutional.

What term refers to defamation by written or printed word?

Libel

Explain the court level jurisdiction at the state and county level?

Limited jurisdiction courts- jurisdiction over relateively minor offenses and infractions, traffic courts. Trial courts/ courts of general jurisdiction- county level, superior courts, try several different types of cases. Intermediate appellate courts- verdicts from courts of general jurisdiction are appealed here. State supreme courts are the highest court in the state.

What happened the case People v. Beardsley?

Man failed to come to the aid of his mistress who took a lethal dose of poison and died, he was not liable for her death. But some people disagreed with motion because he should have helped

What did the U.S. Supreme Court decide in Coker v. Georgia?

Man who committed two rapes, was convicted and imprisoned, escaped, and raped again. He was sentenced to death for his post-escape rape. The supreme court held that was sentence was grossly disproportionate. After decision was handed down, several states enacted laws sanctioning the death penalty for child rapists. death penalty not allowed for rape of adult women

Unlawful homicide committed without malice aforethought?

Manslaughter

In 1974, _______________ passed the first rape shield laws.

Michigan

Circumstances that would serve to extenuate or reduce the degree of moral culpability

Mitigating circumstances can make a first degree murder eligible for death penalty. Considered by jury. Aggravating circumstances would lend towards a harsher penalty.

The _______ does not use the common law terms accessory or principal.

Model Penal Code

What are the similarities between cyberstalking and stalking?

Most victims are women, more stalkers are men Stalkers are generally motivated by the desire to control the victim

What case addressed the issue of whether a corporation could be held criminal liable for the issuance of illegal rebates by its agents and officers.

NY Central vs Hudson River Railroad vs US. The court held that they see no valid objection in law, and every reason in public policy, why the corp which profits by the transaction, and can only act through its agents and officers, shall be held punishable.

what does the 14th Amendment Protect?

No state shall deny to any person within its jurisdiction the equal protection laws. Equal Protection clause requires that the gov justify any differential treatment on race, gender, age, sex orientation, or other char.

What are the differences between cyberstalking and stalking?

Offline stalking generally requires the perpetrator and the victim to be located in the same geographic area, cyber stalkers may be located across the street or country Electronic comm technologies make it easier for cyberstalkers to encourage third parties to harass and or threaten a victim (impersonating the victim and posting inflammatory messages to bulletin boards and in chat rooms, causing viewers of that message to send threatening messages back to the victim "author" Electron comm technologies also lower the barriers to harassment and threats; a cyber stalker does not need to physically confront the victim

The court ruled that factual impossibility is not a defense to the charge of attempted murder in what case?

People vs Dlugash 1977-Duglash may be convicted of attempted murder even though the victim may have already been dead by the hands of another when dlugash fired the shots Impossibility: either factual or legal. Factual arises if the defendant would prevent the defendant from completing the target offense. Legal impossibility arises if the defendants completed act would not have been a crime even if the circumstances were as the defendant believed them to be. Not always an acceptable defense.

Someone who intentionally assists the principal in the first degree with the commission of a crime and who is actually or constructively present at the time of the crime?

Principal in the 2nd degree

What is the Principle of Lenity?

Principle requiring that any ambiguity in a statute should benefit the defendant, not the gov.

What is Legal Causation?

Proximate causation, the primary act that sets a chain of events in motion. Focuses on whether it is fair to hold the defendant accountable for the resulting harm. Who should be held criminally responsible? Would it be fair to hold the defendant responsible for the crime? If yes, then the defendant is the legal cause. Proximate cause is always the actual cause, but an actual cause is not necessarily the proximate cause. Defendant could set in motion a chain of events that results in victims death ten years later. Would it be fair to hold defendant responsible?

What is the punishment for a Misdemeanor crime?

Punishment for misdemeanor crime is be eviction, suspension of license, limited employment opportunities

what are examples of conduct offenses?

Reckless driving- prohibits out of concern that dangerous driver could cause harm to others, but theres no requirement that harm occur for one to be convicted of it. Burglary- the unlawful entry into a dwelling with intent to commit felony inside. The crime is complete once the unlawful entry occurs. But there is no requirement that a felony is actually committed.

What is Causation?

Requirement that the defendant is responsible for the harm in result crimes. This requirement does not exist in the case of conduct crimes because they do not require harmful result. Requiring it serves a protection function for if someone was near a homicide but did not do it.

Murder involving the intention to inflict grievous bodily injury to another which results in death?

Second degree murder

What type of intent would go with Attempt?

Specific intent offense

What court decided that transporting and helping dispose of a victim's body under no threat from the perpetrator gives rise to accessory liability?

State vs Chism. Tony duke gave Brian Chism a ride. Chism was impersonating a female, and Duke was unaware of the disguise. Chism's uncle joined and they began drinking while duke drove. Duke and chism began kissing while the uncle and his ex wife were fighting. He stabbed her, and demanded duke drive him to the woods where he dumped her body. Duke drove chism back to his house, and later that night, chism went to the police. So, chism was convicted of accessory liability.

what is the disappearing corroboration requirement?

States began adding corroboration requirements out of fear that false charges could be raised. Victims needed to have evidence such as bruising, ripped clothing, or physical struggle like blood. However, these corroborations are beginning to disappear as far as rape goes because some women are frozen with fear or pinned down so this does not lead to physical evidence.

______ are crimes that do not require mens rea or criminal intent (selling alcohol to minors, statutory rape.

Strict liability

What are tests used to determine if a statute violates the Equal Protection Clause of the Fourteenth Amendment.

Strict scrutiny: classifications based on race. The law must be narrowly tailored to serve a compelling gov interest. Whats more, there must be no less restrictive alternative available. Intermediate scrutiny: classifications based on gender. The law must be substantially related to an important gov interest. Rational basis: the law must be reasonably related to a legitimate gov interest.

What is Federalism?

System of gov where power is constitutionally divided between a central governing body and various constituent units (federal gov, state gov). fed gov makes laws, but federalism also gives states power to make their own laws. Both have different legal codes.

Earliest known set of formal written codes?

The Code of Hammurabi is the earliest known example of a formal written legal code. It expressed a strong "eye for an eye" phil on punishment. The Twelve Tables are the first secular written code by Romans.

__________ test looks at the likelihood of the offender stopping once the wheels have been set in motion.

The Probable Desistance Test

What did the U.S. Supreme Court decide in Furman v. Georgia?

The death penalty, as it was being carried out in 1972, was unconstitutional - discriminatory and freakishly imposed. Brought executions to a halt, and invalidated death penalty statutes in 39 states. Established guided discretion laws.

The U.S. Supreme Court decided what in Jeffers v. U.S.?

The defendant was convicted in two separate trials for essentially the same offense. In the first, he was convicted of conspiring with others to distribute cocaine. In the second, he was convicted of violating drug laws. The state wanted to combine the charges, but the defendant moved to have them tried separately. The supreme court sanctioned this because the defendant was opposed to trying both in the same trial.

What does the Presumption of a guilty mind following possession of the fruits of the crime mean to a jury?

The jury can usually infer guilt if a person is caught red handed with the fruits of a crime

Ignorance is not a defense to criminal liability under what presumption?

The presumption of knowledge of the law states that ignorance is not a defense to crim liability

U.S. Supreme Court case declared what in Strauder v. Virginia?

The supreme court declared unconstitutional a statute that explicitly barred blacks from jury service. Statute cannot discriminate or treat a person differently based on a specific characteristic without legit reason.

Supreme Court case of Faragher v. City of Boca Roaton addressed what?

Title VII is the civil rights act, which prohibits employer discrim on the basis of race, color, religion, sex, or national origin. Supreme court dealt with title VII question of whether a city was responsible for sexual harassment by its supervisory lifeguards. The city argued that it had an antisexual harassment policy in place, so could not be held civilly liable for the actions of the employees. Supreme court sided with the city because the female subordinate lifeguard who alleged sexual harassment did not arge that any adverse action was taken against her (quid pro quo harassment). Cities are shielded to some extent from vicarious civil liability for employee sexual harassment if they have policies. Corporations can be held criminally liable for the action of subordinates even if they have policies in place intended to prevent such misconduct.

________________ are the distinctive words, phrases, and symbols used to identify products.

Trademarks- protected intellectual property

What are the four elements to the actus reus of larceny?

Trespass, taking, carrying away, personal property

___________ statutes offer prosecutors an alternative to criminal mischief or burglary statutes.

Trespassing

Why is it important to define a crime as a felony or misdemeanor?

Trial procedures differ for felonies and misdemeanors. Jury trials are not required for misdemeanor cases where the punishment does not exceed six months confinement. Felony trials tend to be more drawn-out and elaborate due to the stakes involved, which could include capital punishment for the offender in serious cases. it is important to classify crimes in this way because certain offenses require it. Some statutes define burglary in terms of unlawful entry with intent to commit a felony inside. If a misdemeanor is committed inside, then the crime is not burglary. Also useful to distinguish in terms of the consequences associated with each. Felonies bar individuals from employment, cancel the right to vote, prohibits from being able to own firearm.

What case did the court rule that a corporation is not relieved of its responsibility because an agent's act was illegal, contrary to its instructions, or against its general policies.

US vs Ionia Management—Ionia was convicted on violating the act to prevent pollution from ships and other related regulations, falsifying records in connection with fed investigation, obstruction to justice, and conspiracy. Ionia felt like the actions of the workers couldn't be transferred to the company because what they were doing was illegal and there was no gain for the company. However, the company was charged with corporate vicarious liability

Which court case decided that posting an advertisement in a newspaper does not amount to an effective withdrawal for the crime of conspiracy.

US vs Schiro. Calabrese and Marcello charged with violating RICO by conspiring to conduct an enterprises affairs through a pattern of racketeering act. Evidence of withdrawal (Lombardo said he did) was an announcement that he placed in the Chicago tribune and two other chicago newspapers in which he said hed just been released from prison on parole and if anyone hears his name used in connection, to contact police. But this was just a stunt!

Criminal liability for the acts of another person is refer to as what Liability?

Vicarious Liability: the imposition of liability on one person for the actionable conduct of another, based solely on the relationship between the two persons. It takes only one partys actions to trigger liability and liability transfers from one of them to other. Ex: employee may do something that is prohibited by law, but the employer is held responsible.

What is it referred to when there is no requirement to seek to defeat the conspiracy.

Withdrawal

Whartons Rule

a conspiracy cannot occur when two persons are required for the commission of a crime. Certain crimes cannot be completed without 2 people. Adultery is common law crime that cant be completed without 2 people.

__________ is a judge's order that one side or the other wins without the need to move on to fact-finding.

a directed verdict

_______ is a minority opinion that is at odds with the majority opinion.

a dissent

define: Model Penal Code US Constitution US Code

a model set of crim laws adopted by the American Law Institute for states to emulate as they see fit. It promotes consistency across states and makes the study of crim law more manageable. The fed system has not adopted it. U.S. Constitution- Most significant source of law. Do not prohibit actions on the part of private citizens, but place limits on gov authority. They define gov structure and org, and spell out various rights that people enjoy, how officials are selected, and what roles various gov branches will take on. Fed constitutions and states constitutions. Fed is supreme law status. passed by the US Congress that contains fed laws and violations of its provisions that can lead to federal prosecution. States have own crim codes passed and can have more than one. (statutes are state and local ordinances)

define: physician-assisted suicide suicide euthanasia

a patient seeks the assistance of a physician to end his or her life the choice and will and act to end ones life purposeful termination of life by someone other than the patient

Define: cyberterrorism spamming cybercrime hacking

a politically motivated attack using computers or other technology, and with the intent to cause grave harm such as loss of life or economic damage internet fraud refers to any crime committed with the assistance of an electronic device, primarily a computer, but also smart phones and other devices. breaking into comp systems with the intent to alter or modify settings

explain: chain conspiracy spoke and wheel conspiracy

a type of large scale conspiracy in which the individuals at one end of the conspiracy are not aware of the individuals at the other end. It is a linear connection in time, which is typically seen in large scale illegal drug cases. Crim A's conduct precedes B, which precedes C. these are the easiest for prosecutors to prove. a type of large-scale conspiracy in which one central actor (the hub) has control of all of the aspects of the conspiracy, while the other members of the conspiracy (the spokes) have control of only one aspect, rim was the connection between the spokes. Ex: 32 defendants convicted of participating in a single conspiracy to obtain loans wrongly. They argues for separate conspiracies so that they didn't get extra charges.

________ occurs when an individual has an item in their physical control (possess items in your home while youre away, even if not physically touching them like actual possession)

actual possession

Everything from total destruction to visible damage satisfies the ______________ of arson.

actus reus

The crime involving the unlawful touching of another without consent?

aggravated battery

In regards to conspiracy, under common law, nothing other than ________ was necessary.

agreement

define: hearsay bootstrapping

an out of court statement offered as evidence for the truth of the matter asserted. This is an advantage given to prosecution through the conspiracy laws, which was typically not be allowed. The declarant is not on the stand, but is conveyed via someone else who is testifying. It is heard, then said. circular self-sustaining process. What if hearsay is the only type of evidence available to prove the existence of a conspiracy? Should evidence that is admissible only if a conspiracy exists be used to prove that a conspiracy exists?

Define: Real Evidence Direct Evidence Circumstantial evidence testimonial evidence

any tangible item that can be perceived with the 5 senses-clothing, footprints, weapons, drugs, docs, contracts, letters, scientific evidence evidence that proves a fact without the need for the juror to infer anything from it. An example is eyewitness testimony evidence that indirectly proves a fact. Needs to be combined with other evidence to allow a fact finder to infer a conclusion. An example is the defendants ability to commit crime, possible motives, fingerprints consists of verbal statements given by someone under oath.

which serious crime requires it be committed, "while armed with a dangerous weapon"?

armed robbery

The taking and carrying away of another person?

asportation (in regards to kidnapping, it is the actus reus)

What crime has the threat or an attempt of bodily harm to another person without physical contact?

assault

In general, solicitation is a(n) _______ conspiracy.

attempted

Under a ________, it is unconstitutional to for Congress to perform the judicial function of holding "trial by legislature."

bill of attainder

burglary

breaking and entering into dwellings or structure of another with intent to commit felony inside

Nebraska's statute for burglary argues that __________________________ does not constitute as forcible entry for burglary.

climbing over a fence

As a practical matter, one cannot be guilty of both attempt and the ______

completed crime.

_______ is the state of being an accomplice.

complicity

________ is a type of law that involves multiple offenders.

complicity law

The crime of battery is regarded as a _______________________.

consummated assault. Yet there is no requirement that a battery be preceded by an assault. Assault and battery are not necessarily tied together, nor are they one in the same offense.

If a contract sets up a special relationship between two parties and that contract is breached, criminal liability is possible what?

contract

The U.S. Supreme Court decided what in Fugate v. New Mexico?

court held that a defendants conviction on drunk-driving charges in municipal court did not bar prosecution in a higher court for vehicular manslaughter tied to the same incident. The court noted that the municipal court did not have jurisdiction to try a homicide case, so no double jeopardy.

When there is a status relationship between two parties, the omission can lead to criminal liability called what?

creation of peril- if george pushes gary who cant swim and he cries out. George fails to assist - can be convicted of crime

Define: result crimes conduct crimes resulting harm inchoate crimes

crimes that require actual harm (murder, arson) crimes that are complete when the crim act and crim intent concur. There is no requirement for resulting harm, offense for which engaging in prohibited act constitutes the full offense. an essential element of a result crime. The resulting harm in homicide is the killing of a human. Without the killing, it is not homicide incomplete crime, crime of preparing for or seeking to commit another crime

Without ______, there would be no crimes, no criminals, and perhaps no means of controlling undesirable behavior.

criminal law

The intentional damaging of property or destroying property?

criminal mischief- usually marked by behaviors of damaging, tampering, setting fire to personal prop outside, impair function of computers

Computer crime, or _________________, refers to any crime committed with the assistance of an electronic device, primarily a computer, but also smart phones or other devices.

cyber crime

What crime does not have a clear jurisdictional boundary?

cybercrime

In regards to homicide, the _____ rather than the killing satisfies the actus reus requirement.

death

At common law, grand theft was punishable by ______________________.

death (today, grand theft is a felony)

What term refers to written or spoken words that damage the reputation?

defamation

Pinkerton rule

defendant can be charged both with the crime of conspiracy and the completed offense. (different than complicity)

Assault, battery, or other abusive conduct committed against a family member or intimate partner?

domestic violence

____ and _____ may be considered domestic offenses as they both occur at home

domestic violence and child abuse

Our court system, one that separates federal and state courts, is known as a __________

dual court system

The crime that consists of lawful possession of property for an individual's own use with the intent to steal or defraud the rightful owner?

embezzlement

The ban on _________ makes perfect sense, as it would be unfair to punish someone for an action that wasn't illegal when it was committed.

ex post facto

The crime that consists of taking property from another with threats of future harm?

extortion- property is taken from another by force or fear with the victims consent. It requires specific intent of inducing the victim to consent to part with his/her property

In order to determine _________, courts typically apply a "but-for," or "sine qua non" test.- no crim liability for resulting harm unless it can be shown that the defendants conduct was the cause-in-fact of the results. But for the defendants action, would the resulting harm have occurred?

factual causation (defendants conduct was cause in fact of the harm)

omission

failure to act. In certain circumstances, an omission can satisfy actus reus element of crime.

The unlawful detention or restraint of another person?

false imprisonment

The crime that obtains the property of another through fraud or deception? how is this different from embezzlement?

false pretenses embezzlement obtains property lawfully at first, only to fraudulently convert it to their use later. In false pretenses, the victim willingly gives the property to the criminal (core is deception)

In regards to accomplice liability, it is common for accessories to _____ to be only convicted of _______

felonies a misdemeanor.

The ____ murder states that a person is guilty of murder when the death results during that person's commission of a felony.

felony

what bars a person from employment in certain fields, may deny that individual the right to vote, usually prohibits the individual from legally owning a firearm, and can carry with it a number of other harsh consequences.

felony conviction

In most jurisdictions, rape is categorized as a ________

general intent offense.

The systematic conduct that intentionally annoys, threatens, and/or intimidates another person?

harrassment

The common law definition of ______ is the killing of a human being by another human being.

homicide

When a defendant does not know there is a law applying to their activity, they are demonstrating _______

ignorance of the law.

Although ______ rarely comes up in a conspiracy context, it can be used as a defense.

impossibility

Solicitation does not occur if one person uses another as a(n) _________

innocent instrumentality in the commission of a crime.

define the following intents: oblique general specific direct

intent in which the consequences of a persons actions are not desired, but should have reasonably been foreseen. Ex: Intent to just really hurt fred led to his death intent to commit the actus reus or crim act of the crime only without a mens rea component. Ex- crime of battery intent to commit an act to achieve a specific crim result, common law burglary is an example because in order to be guilty of burglary, the defendant must break and enter into dwelling of another, with intent to commit felony. The additional mens rea component requiring the intent to commit a felony inside distinguishes burglary as specific intent intent in which the consequences of a persons actions are desired. Ex- Bob shoots fred. But maybe bob did not know he was going to kill fred.. maybe he thought it was empty.

In the __________ test, if a law is categorized based on gender, it is unconstitutional unless it is "substantially related" to an "important" government interest.

intermediate scrutiny

The unlawful taking and carrying away of another person with the intent to deprive that person of their liberty?

kidnapping

To prove receiving stolen property, the prosecution typically needs to show that the defendant _______________________ received the property.

knowingly

Define: stare decisis actus reus mens rea concurrence

legal principle determining criminal litigation evil act or crim act, one of core requirements of crime. guilty mind, the mental state or crim intent of the defendant actus reus and mens rea existing simultanously

The advantage of the _______ is that a criminal code provides prior notice to the people of what behavior is illegal.

legality principle

Manslaughter is an unlawful homicide committed without ______

malice aforethought.

Criminal mischief, once called _______________________, consists of intentionally damaging or destroying property.

malicious mischief

examples of ___________ offenses include robbery, larceny, and rape

malum in se offenses

An act that is wrong or evil because it is defined as such is known as ______

malum prohibitum

Domestic violence is an important offense not just because of its gravity, but because many states have enacted ________________________ laws to hold perpetrators accountable.

mandatory arrest

What is Forgery?

materially altering a doc with the intent to defraud, false making up

Traditional _______ is concerned with culpability, or an offender's level of blameworthiness for a crime.

mens rea

temporal & motivational concurrence

mens rea must accompany the actus reus in time. Ex: intentionally wants to kill bob, changes mind, and then actually accidently kills him a couples days later- cant be convicted of 1st degree. mens rea must be linked to the actus reus it in intended to accompany. Ex: assume bob and fred went hunting with hank. Bob still intended to kill fred that day, but accidently shot and killed hank. Bob cant be guilty of murder because he did not intend to kill hank

In _______, the defendant misunderstood or misinterpreted a relevant fact.

mistake of fact

When a defendant knows there is a relevant law, but is not sure whether it applies in the exact circumstances in question, they are demonstrating ______

mistake of law.

The _________ does not even recognize the principle of lenity.

model penal code

Criminal homicides fall into two general categories:

murder and manslaughter.

A defendant unconsciously creates a risk of harm and does not act like a reasonable person under the circumstances, they are known to act how?

negligent

A _________ is a crime that can only be committed by a specific person or class of persons.

non-proxyable offense

According to Dressler, a _______ is a crime that can only be committed by a specific person or a class of individuals.

non-proxyable offense

To succeed in abandonment, an individual must _________.

notify the principal and neutralize the effects of any assistance offered.

Accomplice liability is not possible when __________

one of the parties to a crime is supposed to be protected by the applicable statute. Example is statutory rape.

With individual vicarious liability, _______ is held liable for another's behavior. Like parents can be held liable for their kids illegal activities.

one person (instead of a corporation)

Define: trier of law lawyer trier of fact judge

one who is tasked with resolving any legal matter that comes before a court, most often a judge. It is the opposite of the trier of fact. They are the finders of the law. Judges will make rulings based on actions in court. prosecutor represents the government, the defense attorney represents the defendant. They both lay out cases to the jury in order to persuade them. The have opening statements, they present their cases, and present evidence which can be cross examined. Das usually challenge what the prosecutor presents. someone who listens to the evidence and renders a decision, a judge in a bench trial, or a jury member in jury trial. They are fact finders. presides over the proceedings, from before trial all the way through to the reading of the verdict. They are required to remain neutral and detached throughout the proceedings. Prior to reading verdict, judge will give instructions to the jury.

define Uttering

passing a forged doc to another with intent to defraud

Define: Defendant appellee prosecutor appellant

person charged with crime in question party appealed against, seeks affirmance of the lower courts decision official who charges the defendant and is tasked with repping the gov in court party of appeals, filed appeal

The crime of robbery is limited to _________________ property.

personal

_________ generally refers to some prior action that guides current action.

precedent

_________ occur when the offender enters the private prop of another individual

property invasion crimes (trespassing and burglary)

Once opening statements have concluded the ______ has the opportunity to present its case.

prosecution

Legal causation, also known as _______, is concerned with who should be held criminally responsible

proximate causation

At common law, ____________________ was not a crime because a man could use any method of trickery to lure a women into have intercourse.

rape by deception

A defendant decides to consciously ignore risk, of which a defendant is aware, they are known to act how?

reckless

states can be more restrictive than the U.S. Constitution, but no state can _________________ spelled out in the US Constitution.

relax protections

corrupt motives rule

requirement In some states that defendants have a corrupt motive in order to commit the crime of conspiracy. Ex: county officials bought supplies for the poor without putting a request out for bid, in violation of law. They took this approach knowingly and did so with the intent of saving the county money. They were charged with conspiracy to commit official misconduct. It was reversed because they did not have the corrupt motives necessary to sustain the conviction.

. In the appeals context, a ______ is when an appellate court nullifies or sets aside a lower court's verdict.

reverse

Define or explain the following: National Information Infrastructure Act (NIIA) Computer Systems Protection Act (CSPA) Computer Security Act (CSA) Computer Fraud and Abuse Act (CFAA)

revises federal crim code provisions regarding fraud and related activity in connection with computers, it increases penalties provides for the protection of public and private sector computer systems, including comm link to such computer systems, all databases accessible through CJS terminals are protected by CSPA intended to improve security and privacy of sensitive information in federal comp system and to establish minimally acceptable security practices for such systems federal investigation that criminalizes various types of cybercrime

which serious crime is an assaultive offense that involves threats and the potential for physical contact?

robbery

Define: rape assault forcible rape sexual assault

sexual intercourse without the consent of the victim. threat or attempt of bodily harm of another person without physical contact. A rape that occurs when the victim does not consent and the sexual intercourse is secured by force or threat of force. a general term that covers a range of nonconsensual sexual offenses against another person.

Burglary is a(n) ___________________ offense because of the requirement that the prosecution prove the defendant's intent of breaking, entering, or remaining, and the intent to commit a crime once inside.

specific intent

Under common law, solicitation was a(n) _____ crime.

specific intent

conspiracy is regarded as what type of crime?

specific intent

The Model Penal Code considers rape a _______

specific intent offense.

The potential frightening of another person by following, harassing, and/or terrorizing?

stalking

Failure to report can lead to criminal liability by omission under which of the following

statute

What are the types of crime that require mens rea or criminal intent:

strict liability

________ means that mens rea must accompany the actus reus in time.

temporal concurrence

define: mistake of law mistake of fact

the defendant claims to misunderstand or misinterpret law as it applies to specific circumstances. - laura took her car to mechanic but they charged her excessive amount. She refused to pay, so mechanic refused to give her keys. She used spare and drove off with her car even tho she knew what she did was wrong, but did not know it was result in larceny. a misunderstanding or misinterpretation by the defendant about the relevant fact. Potentially used as a defense or to negate the mens rea requirement of crime. Ex: hank went to grocery store, did not see the cashier miss an item, and was convicted of theft. But he made an honest mistake. He knew stealing was not ok, but failed to notice cashier.

The ____________________ theft provision does not require "taking" or "asportation."

the model penal code's

The origin of corporate vicarious liability can be traced to the medieval doctrine of _________

the respondeat superior, which is latin for "let the master answer".

negligence

type of mens rea or crim intent in which the defendant unconsciously creates a risk of harm and does not act like a reasonable person under circumstances

The _______ holds that attempt occurs when it is no longer ambiguous to an ordinary person what the would-be offender intends.

unequivocality test

The willful or malicious acts intended to damage property?

vandalism

_______________________ is frequently defined as such at the county or municipal level, usually in reference to graffiti and similar markings.

vandalism

California's vandalism statute argued what?

vandalism: defaces with graffiti or other inscribed material, damages, destroys. doesnt need to be purposeful

____________ is a constitutional principle that requires that laws do not infringe on constitutionally protected behavior.

void for overbreadth

___________ is a constitutional doctrine requiring that laws be written with sufficient clarity and specificity.

void of vagueness

An act is considered _____ when it is in some way willed by the actor.

voluntary

Explain: remand reverse affirm

what happens when appellant court sends a case back to the lower court for further action consistent with its decision when an appellate court nullifies or sets aside a lower courts verdict agreeing with lower court