Exam 1 Review

Retribution

eye for an eye, tooth for a tooth - punishment as a form or revenge

Actus Reus

guilty act (can also be a failure to act-- e.g. neglect, tax evasion)

Mens Rea

guilty mind - the volitional intent to commit a crime

Under the common law, a defendant may be held responsible for ___________

harm that results, is greater than the harm intended

Affirmative liability

haven't done a crime yet, but we are going to catch you doing one (INCHOATE)

Proximate Cause Theory of Felony Murder

holds felons responsible for foreseeable deaths that are caused by the commission of a dangerous felony

When does a person act knowingly?

if she knows it is practically certain that her conduct will cause the result - observed fact; belief in fact; or willful ignorance

What is the "year and a day" rule?

if you injure someone, they have to die within a year and a day for you to be charged with their murder

Malum Prohibitum

illegal because prohibited

Excusable Homicide (common law)

killer is not necessarily without fault but where the circumstances do not lead to the criminal charges for homicide... no mens rea e.g. accidental killing, self defense, sudden kerfuffle

in par materia

statutes on the same subject must be interpreted in a way in which they both make sense

What can break the chain of causation?

superseding factors

Expressio unius est exclusio alterius

the expression of one thing is the exclusion of another (e.g. specifically saying trucks excludes SUVs and sedans)

malice aforethought

the intention to kill (can be implied) without excuse or justification - no reason to mitigate the offense to manslaughter

How can the act of a murder DURING a felony be determined?

the killing has to be temporally and geographically related to the felony in question - so "temporary safety" if def. leaves the country it was committed - so can't be charged with felony murder if killing happens after reaching "temporary safety"

Homicide

the killing of one human being by another human being

Involuntary Manslaughter

unintended killing that: - Is caused during the commission of an unlawful act; (e.g. drunk driving) OR - Is the result of criminal negligence (e.g. child neglect)

What is considered ADEQUATE provocation for voluntary manslaughter?

- Reasonable Provocation - Actual Provocation - Absence of reasonable cooling period - No actual cooling off (during interval between provocation and killing)

What different aspects of a killing would classify it as first degree murder?

- killing was premeditated - killing

What are the 3 requirements of recklessness?

1. Aware of risk 2. Unjustifiable 3. Gross deviation from what a reasonable person would do (MPC)

What 3 things does actus reus consist of?

1. a voluntary act (bodily activity) 2. that causes (circumstances) 3. a social harm (certain consequences)

Generally, what 2 things are necessary to convict someone of a crime?

1. actus reus 2. mens rea

Requirements for a superseding factor

1. intervening factor 2. unforeseeable factor 3. sole direct cause of result

Common law classifications of homicide

1. justifiable 2. excusable 3. criminal

What 2 components are needed to find someone liable by omission?

1. legal duty to act 2. possibility to act

4 purposes of punishment

1. retribution 2. deterrence 3. rehabilitation 4. incapacitation / segregation

Justifiable Homicide (common law)

Commanded or authorized by law E.g. war, executioners (with death penalty)

What is the difference between substantive criminal law vs criminal procedure?

Criminal procedure- towards the constitution (rights) substantive criminal law- liabilities over rights

What does the 8th amendment limit?

Cruel and unusual punishment -prohibits the punishment of status (e.g. can't convict someone because they're an alcoholic, can convict someone for public drunkenness)

When is a person act.ing with negligence?

Def. acts w/out conscious awareness of a substantial risk, but may be liable if she should have been aware of risk.

When is a person acting with recklessness?

Def. acts with an awareness of a substantial and unjustified risk that a certain result will occur b/c of his conduct or that a certain circumstance exists

Unforeseeable factors

Factor must be unforeseeable (subjective) to the def. and actually unforeseen (objective) by the def. at the time of their action

Proximate causation vs transferred intent

In transferred intent you do not anticipate the victim. but you do anticipate the action

Ejusdem Generis

Legal rule meaning 'of the same kind', used to help interpret the words in a statute (general words within a statute)

Segregation / Incapacitation

Keeping criminals away from society - by separating, they're no longer a danger to the public

Voluntary Manslaughter

Killing in response to adequate provocation - Committed without malice aforethought

Criminal Homicide (common law)

Killings without justification or excuse (usually manslaughter or homicide) MURDER

What are the 2 modern classifications of homicide?

Lawful and unlawful

When determining if there is reasonable provocation, can personal characteristics of the defendant be considered?

MPC says yes

Can factual causation alone render legal liability?

NO

What are the degrees of murder under common law

So silly... there are none!

What is the "but for rule" of factual causation?

Prosecution must establish that the defendants actions were the factual cause of the event (defendant's act must have been the cause of the harm)

Willful ignorance

Purposely avoiding learning about a law to excuse not following that law.

Rehabilitation

Reforming the offender to prevent later offenses (e.g. therapy, psychological institutions)

If you discover that you posses something illegal, in what circumstance would you be liable (MPC)?

The defendant knows about possession and failed to terminate the possession within a reasonable time

independent felony

The rule can apply if the felony is independent of the killing, so the means can't be the same as what caused the killing e.g. so death as a result of assault cannot be felony murder

When can it be presumed that a def. acted with reckless disregard for human life according to MPC?

When a death occurs during the commission of certain felonies

What is mistake of fact?

Unconscious ignorance of a significant fact

What is necessary for a transferred intent crime?

a concurrence of mens rea and actus reus ( E.g. Intent to kill this guy, but killed different guy)

Agency Theory of Felony Murder

a felon is liable for a murder committed by a co-felon

when must intervening factors take place?

after the defendant's act, preexisting condition does not count

Specific Intent

an intention to act and to cause a specific result

General Intent

an intention to act without regard to the results of the actW

What is considered a lawful killing?

any killing that is excusable and would not be punished by law

Strict Liability

can be committed without mens rea, you can be guilty with solely the guilty act; doesn't require intent

What happens when def. intends to kill someone due to provocation, but accidentally kills the wrong person?

charge reduced to voluntary manslaughter

What is a mistake of law?

collateral law mistake - lacks mens rea, unaware that violation is a law (e.g. believed car was theirs and drove off with it, but it was actually stolen)

What happens when def. intends to kill non provoking party?

considered homicide

Criminal law vs. tort law

criminal - against the state (i.e. gov vs criminal)... victimless crime tort- regards money and the property or possessions of another, at the end of the case money is paid or returned to someone

Mistake as to criminal statute

def. acted relying on statute that permitted their conduct, but this statute later found unconstitutional

How did common law define a "crime against nature" until commonwealth v poindexter?

defined as buggery and sodomy, but inconsistent definition of what is included within sodomy - was a capital offense

Proximate Causation (legal)

difference between anticipated result and actual sequence of events would break the chain of causation - applies if natural and probable consequence of act and no intervening factor of something - Did the defendant set in motion the series of events leading to the death - e.g. A strikes B, anticipating that this might harm B, did not anticipate B aspirating and dying, but A striking B is the proximate cause of B death

Scienter

intent or knowledge of wrongdoing

Ex post facto law

it is not fair to have a law that is imposed afterwards (retroactive)

_____________ is needed to be convicted of murder

malice aforethought

Criminal law definition

offense to the state that requires punishable action

How many voluntary acts are needed to someone liable for an involuntary act according to the MPC?

only one voluntary act needed e.g. epileptic seizures are involuntary, but driving a car knowing that you get epileptic seizures makes you liable if a car accident occurs during a seizure

Under the model penal code, the defendant may be held responsible for __________

only the harm he intended, not any greater

Due process clause of 5th and 14th amendment

prohibits convictions for an offense that is too vague

General Deterrence

punishing offender to deter the public from committing similar future crimes

Individual Deterrence

punishment to discourage offender from committing another crime in the future

Deterrence

punishment used to discourage crime

The criminal justice process is __________

reactive (i.e. chain of events after a crime is committed)

How does recklessness differ from negligence?

recklessness = subjective - not aware of certainty, only risk negligence = objective - risks that a reasonable person should be aware of

When would someone be considered grossly negligent?

requires greater degree of deviation from what a reasonably prudent person should be aware of - the negligence must show a greater degree of harm than is necessary for civil liability negligence (MPC and common law)

What is the exception to the "but for" rule?

result brought about by multiple factors operating concurrently either of which would have been sufficient to cause the result

What is required in order to convict of felony murder?

the murder must occur DURING the felony

Misdemeanor Manslaughter

the unintentional killing of another during the commission of a criminal act that does not amount to a felony

What does the MPC consider a "gross deviation" to constitute criminal negligence?

when someone behaves "recklessly" - so aware of the risk that comes with their action or lack of action

When is someone criminally negligent?

when they are negligent in a way that is a "gross deviation" of what a reasonable person would do - this will have a proximate cause that is foreseeable

Concurrent Sufficient Causes

when two acts, either one of which is sufficient to cause the resulting harm when it did, occur concurrently

Malum Inse

wrong in and of itself

When does a defense to liability apply?

you have clearly committed the crime, but you will not be held criminally accountable (e.g. self defense, mental illness, and coercion)