CRIMINAL LAW
To prove criminal intent, the prosecutor may use:
A. defendant's statements made before the commission of the crime B. defendant's statements made after the commission of the crime C. the acts of the defendant and the circumstances that existed at the time of the crime D. inferences arising from the natural and probable consequences of the defendant's acts
A major step toward the commission of a crime and it strongly supports your belief that the person at the time did the act had a firm intent to commits that crime Attempt
Substantial step
Insanity(PA) requires defense to give prosecution pretrial notice making the defense have a burden of preponderance of the evidence.
TRUE
Defense must give prosecution pretrial notice so prosecution has a chance to get expert testimonial to disprove defense
True
Defenses are legal excuses
True
Entrapment contains 2 elements which are improper government inducement of the crime, and B) lack of predisposition on the defendant to engage in the criminal conduct
True
In PA--> a child under 10 lacks capacity to commit a crime
True
In Pennsylvania, the legislature set the maximum penalty for a crime.
True
In a criminal case, the defendant need not prove anything.
True
In all inchoate offenses, renunciation is a defense.
True
Insanity (Federal) requires prosecution pretrial notice
True
RETREAT:There is NO duty to retreat before using less than deadly force.
True
Solicitation is that the defendant commanded, encouraged, or requested another person to engage in a specific conduct and they did so with the intent on promoting or facilitating the commission of the crime and the conduct would constitute a crime
True
The Commonwealth must prove each and every element in each and every crime beyond a reasonable doubt.
True
The burden of proof for insanity federal cases is clear and convincing evidence
True
The void for vagueness doctrine is applied to criminal laws that fail to give fair notice to law-abiding citizens as to what behaviors are prohibited.
True
Vicarious Liability is when one person is liable for the conduct of another
True
When creating criminal laws,the state may legislate in the area of public health, public safety, and public morals
True
alcohol or drugs is a form of diminished capacity
True
in self-defense cases the state has the burden of proof
True
Because of mental of emotional conditions, defendant did not possess the required mens rea for conviction of crime charge
diminished capcity
Lay witnesses
eyewitnesses, victim witnesses
Substantial Capacity Test
huh
The highest level of criminal intent required by statute is:
intentionally
1st degree murder
killing that is premeditated, deliberate and done with malice
Who has the burden of proof?
state
How big is the burden?
Beyond a reasonable doubt
an impairment of a physical condition or substantial pain
Bodily injury
Beyond a Reasonable Doubt
Burden of Proof in every criminal case. The state has to prove each and every element in each and every crime and that the defendant committed these crimes beyond a reasonable doubt. Highest burden of proof because we are taking away a person's liberty.
In Pennsylvania, the legislature set the minimum penalty for a crime.
False
In a criminal case, the defendant must disprove his/her guilt.
False
In a criminal case, the defendant must prove his/her guilt.
False
Motive alone is sufficient to convict
False
Pennsylvania law requires that the minimum sentence can be no more than 1/3 of the maximum
False
Proximate cause must be proven by clear and convincing evidence.
False
The Commonwealth must prove each and every element in each and every crime by a preponderance of evidence
False
The act of hitting someone is always a crime.
False
The defendant must disprove each and every element of the crime beyond a reasonable doubt.
False
The defendant must disprove proximate cause beyond a reasonable doubt.
False
The prosecution decides which homicide level has been committed
False
To prove conspiracy in Pennsylvania, the prosecution must prove an overt criminal act.
False
When a strict liability crime is made,defense of mistake will sometimes disprove the prosecution
False
Reasonable Doubt
A doubt that would cause a reasonably careful and seasonable person to hesitate before acting in a matter of his/her own affairs
For a solicitation to be complete, money or reward must be offered.
False
For a solicitation to be complete, someone must agree to commit the crime.
False
If we add a defense, we need not prove anything
False
Agreement there must be a meeting of the minds
True
Expert witnesses
-psychologists and psychiatrists
Principles and accessories to a crime in Pennsylvania are today referred to as:
Accomplices
Status Crime
Cannot punish a person for what they are because it's only their status , may only punish for something they do
Overcharging
Charging someone with multiple charges in order to give the defendant options
Competency is a defense
FALSE
Insanity(Fed) the state has the burden
FALSE
All crimes require proof of the two essential elements.
False
All inchoate offenses are graded the same as the substantive crime.
False
All moral violations are crimes.
False
An individual may use deadly force in the protection of property
False
An inference is a conclusion that must be accepted by the jury
False
An intervening cause is any event that causes a perpetrator of a crime to renunciation the crime.
False
Beyond a reasonable doubt requires that the jury be 100% certain.
False
COMPETENCY :Deals with the mental state at the TIME they committed the offense, not the mental stand when standing trial
False
Criminal laws are first interpreted by the judiciary and then proceed to law enforcement.
False
For a conspiracy to be complete, someone must commit a crime.
False
Outcome: Defendant will be sentenced
Guilty
involuntary manslaughter
Knock out game; negligence and misdemeanor, 2 TYPES: (1) Negligent killing: gross negligence; (2) Killing during misdemeanor OR a felony that does not qualify for felony murder.
Consent of the victim is not a defense except in rape cases.
True
Criminal law can override religious freedom
True
At the time of the crime, and as a result of a mental defect, the defendant lacked the substantial capacity to appreciate criminality or wrongfulness or to conform to conduct required by law
Mentally Ill
Outcome: Defendant is free to go
Not guilty
Outcome: Prosecution submits motion to have defendant committed to state mental hospital fir a period of evaluation pursuant to "State Mental Health Procedures Act" and held there indefinitely
Not guilty by reason of insanity
Outcome: defendant not held criminally responsible
Not guilty by reason of insanity
What are your duties as a citizen?
Obey the law
bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ
Serious bodily injury
The major source of criminal law in society today is:
Statute
Criminal Law #2
The area of study that investigates what is a crime and what need to be proven to show that a crime has taken place.
Criminal law #1
The rules of conduct that forbid specific acts and in some instances require specific acts
Strict liability crimes does away with intent element
True Statutory rape
A homicide in which the intent to kill was present in the mind of the offender, but malice was lacking. Most commonly used to describe homicides in which the offender was provoked or otherwise acted in the heat of passion.
Voluntary manslaughter
2nd degree murder
accomplice, arson, rape, robbery
3rd degree murder
all other crimes of murder; hurt person up to 20 years, intent to hurt someone
To prove a conspiracy in Pennsylvania, the prosecution must prove among other things:
an agreement and that an overt criminal act was committed.
The essential elements of a crime are:
the mental state and the physical act or failure to act.
Duress in a charge of murder is not a defense to murder
true
In attempting to use the defense of duress or coercion, defendants must admit that they committed the offense charged, but assert that they were forced to do so to avoid death or serious bodily injury to themselves or others
true
There is a duty to retreat before using deadly force
true
