criminal law exam 1

actus reus

(evil act) -how it is effected by voluntariness -action defendant took in People v. Decina the defendant voluntarily got into his car unaccompanied and drove with the knowledge of his epileptic disorder

goals of criminal law

-means by which community protection is achieved: incapacitation, specific/general deterrence, rehabilitation, restoration, denunciation -offender protection: 8th amendment, speedy and public trial, counsel, right to confrontation of witnesses, compulsory process

mistake of law vs. mistake of fact

-mistake of law: defendant claims to misunderstand or misinterpret the law as it applies to the specific circumstances (Laura taking her car from the shop) -mistake of fact: misunderstanding or misinterpretation by the defendant about a relevant act. Potentially used as defense or to negate the mens rea requirement of a crime (leaving grocery store with an accidentally unpaid item) more likely to be acquitted bc lack of mens rea

"equal protection" clause: where in constitution, and effect on criminal law

14th amendment prohibits states from denying equal protection under the law, and has been used to combat discrimination

how can an omission satisfy actus res element of criminal liability

5 of 7 specific circumstances (1) relationship: relationship between 2 parties (2) statute: certain officials required to report i.e. child abuse (good and bad samaritan laws) (3) contract: contract sets relationship, and contract breached (4) voluntary assumption of care: voluntarily assuming care for another person (w/out contract) (5) creation of peril: i.e. pushing someone into a lake that cannot swim and failing to help (6) duty to control the conduct of another: knowing of a dangerous driver and not preventing them from driving (7) landowner duty: fire exits, safety precautions, etc.

where in the constitution state get authority to enact criminal statutes

Article 1 Section 8 federalism- government and states can make laws (no central government)

where in the constitution federal law making power resides

Article 1, Section 8

separation of powers

Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law in order to protect against tyranny

contribution of Bill of Rights to development to criminal law

Due Process clause of 5th and 14th amendments

strict liability

crimes that do not require mens rea or criminal intent

direct evidence vs. circumstantial evidence

direct evidence proves a fact without insight from the jury circumstantial evidence indirectly proves a fact

factual causation vs. legal causation

factual: the requirement that the defendant's conduct was the cause in fact of the resulting harm; ID's who or what caused the harm ("but for" test) legal: aka "proximate cause" is the person who should be held accountable

criminal classifications of felonies vs. misdemeanors

felony: a crime punishable by death or confinement in prison for more than 12 months misdemeanor: a crime punishable by a fine or a period of incarceration less than 12 months

general deterrence vs. specific deterrence

general deterrence works to prevent would-be-offenders from offending by showing punishments of offenders specific deterrence work to make offenders "think twice" about their actions, and hopefully not offend again

burden of persuasion

in a criminal case, the requirement that the prosecution persuade the jury that the defendant committed the crime

offender protection

innocent until proven guilty direct - right to counsel, right to impartial jury indirect - void for vagueness, 8th amendment

mens rea, and how terms capture essence

intent-a person who intends to commit a crime should be liable for it knowledge-although the defendant may not intend to break the law, they can have knowledge of the circumstances negligence-a person has not foreseen possibility that harm would result recklessness-consciousness decision to ignore risk of which the defendant is aware

jury nullification

jurors' practice of ignoring or misapplying the law in a certain situation

contribution of Model Penal Code to modern criminal law

limits criminal liability to conduct that "includes a voluntary act or the omission to perform an act of which he is physically capable"

motive vs. mens rea and how the prosecutor proves it

motive precedes mens rea (how prosecutor proves it) present enough evidence for the jury to infer defendant acted with mens rea

8th Amendment and how it effects length of criminal sentences

no excessive bail, cruel and unusual punishment-former court decisions make it difficult to decide when sentences violate 8th amendment (1) weight of offense v sentence (2) penalties for other offenders for similar offenses (3) penalties given by other states (4) defendant's recidivism

burden of production

one party's (the prosecutor in a criminal case) obligation to preset sufficient evidence to have the issue decided by a fact finder. the burden of production is a question of law

criminal law vs. criminal procedure

pg. 3 criminal law focuses on substance of law, and what it prohibits criminal procedure fuces on procedure, and how offenders are processed in CJ system

double jeopardy

principle in 5th amendment to the US constitution that prevents an individual from being tried twice for the same crime

how causation relates to result crimes

required in result crimes; must connect action to resulting harm

judges' responsibilities as the trier of law

responsible for resolving any legal matter that comes before the court

jurys' responsibility as trier of fact

someone who listens to the evidence and renders a decision (jury in jury trial, judge in bench trial)

criminal law

specifies what kinds of behavior are illegal, what punishments are available for dealing with offenders, and what defenses can be invoked by individuals on the wrong side of the law

concurrence

the actus rea and mens rea existing simultaneously -temporal: mens rea and actus reus occurs at same time -motivational: motive for act fits intent

voir dire

the process of examining potential jurors for bias

burden of proof

the requirement that a particular party convince the jury with regard to a particular issue. In the the criminal law context, the burden of proof falls on the prosecutor to establish the defendant's guilt

utilitarian perspective

the view that criminal law should maximize the net happiness of society

tort vs. criminal law

tort is a private wrong or injury, often lawsuit between two parties, (civil procedure) criminal law is criminal procedures

6 constitutional limits on criminal law

(1) cruel and unusual punishments (2) privacy (3) ex posto facto (cannot charge someone for a crime that was not illegal when it was committed) (4) equal protection (5) void for vagueness (requiring law be written with sufficient clarity and specificity) (6) void for overbreadth: principle requiring that laws not breach constitutionally protected behavior)

3 main situations in which ignorance or mistake can serve as defense to criminal liability

(1) defendant may rely on interpretation of the law that turns out to be wrong (interpretation of one's own, attorney, other official) (2) where there was little notice that the actions were criminal (3) excuse criminal liability if either manages to negate/cancels out mens rea

conduct crimes vs. result crimes

conduct crimes happen when criminal intent and actions concur, no harm necessary result crimes require actual harm

void for vagueness

a constitutional doctrine based on the 5th and 14th amendments to the US Constitution requiring that laws be written with clarity and specificity

affirmative defense

a criminal law defense that goes beyond simply denying that a crime took place or that the defendant committed it

hung jury

a deadlocked jury, or one that cannot reach a verdict

rebuttable presumption

a fact assumed to be true under the law that could be reasonably disagreed with ex: Bc a letter was mailed, it was received by its intended recipient. (rebuttable bc the PO could've made a mistake and lost the letter)

principle of lenity

a legal principle requiring that any ambiguity in a statute should benefit the defendant, not the government

principle of legality

a 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

dual federalism

a system in which the only powers of the federal government are those explicitly listed with the rest of the being left to the states

intermediate scrutiny

a test used under the Equal Protection Clause of the 14th Amendment for classifications based on gender. The law must be "substantially related" to an "important" government interest

strict scrutiny

a test used under the Equal Protection Clause of the 14th Amendment for classifications based on race. The law must be "narrowly tailored" to serve a "compelling" government interest. What's more there must be no "less restrictive" alternative available

rational basis

a test used under the Equal Protection Clause of the 14th amendment for classifications. the law must be "reasonably related" to a "legitimate" government interest

malum prohibitum

an act that is wrong or evil because it is defined as so

malum in se

an act that is wrong or evil in itself

crime

anything lawmakers/criminal law defines as criminal

Blockberger Rule

applies to double jeopardy; 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