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Criminal Law Final

Final Exam

Criminal Law Harm or wrong done to society as a whole.
Civil Law One person causes harm to another person or property.
Model Penal Code Was drafted by a group of individuals that were experts in criminal law, while working for the American Law Institute. Was recommended to the states for adoption.
Name the 2 essential elements of a crime. Mens reas - Evil Intent & Actus reus - Wrongful Act.
General Intent The desire to act. Defendant did not intend the result of the act.
Specific Intent An intent to commit the exact crime charged and a desire to cause the result of the act.
Malum In Se A crime that is inherently evil.
Malum Prohibitum A crime that is not inherently evil, but a legislature has made it a crime.
Out of Malum In Se & Malum Prohibitum, which one had the stiffer prison sentence? Malum In Se.
What are the 4 approaches to Mens Rea under the Model Penal Code? Purposely, Knowingly, Recklessness & Negligence.
Recklessness Indifference to consequences; conduct amounting to more than ordinary negligence.
Negligence Failure to exercise the standard of care that a reasonable person would exercise under the same or similar circumstances.
Inferences One way to show intent. A judge or jury is permitted to make a conclusion after considering the facts of a case.
Presumptions A conclusion that must be made by a judge or jury.
What are the 2 forms of criminal law causation? Cause in fact & Legal Cause.
Cause in Fact The result would not have occurred unless the act occurred. (Sine Qua Non Test)
Legal Cause aka Proximity Cause Deals with the concept of foreseeability. Cause the law deems sufficient.
One Year & a Day Rule At common law, a person could not be charged with murder if the victim did not die within one year and a day after the act took place. A causation rule.
Merger Doctrine (An individual is charged with 2 crimes. If one is a lesser offense of the other the defendant) is found guilty of the more serious crime, then the lesser crime is absorbed by the greater & the defendant is not punished for both. If defendant is acquitted of the greater charge, the defendant could still be convicted of the lesser charge.
What are the 2 categories of common law homicide? Murder & Manslaughter.
Murder The killing of another human being with malice aforethought.
Manslaughter The killing of another human being without malice aforethought.
Provocation An act by one person that triggers an act of rage in a second person.
Corpus Delicti Body of the crime.
Assault A person puts antoher in fear or apprehension of an imminent battery. An attempted battery.
Battery An intentional touching of another that is either hamful or offensive.
Mayhem Crime of intentionally dismembering or disfiguring a person.
Asportation Movement.
Kidnapping Taking away and holding a person illegally against the person's will by force.
False Imprisonment The unlawful restraint by one person of the physical liberty of another.
Arson The malicious and unlawful burning of a building.
Burglary Breaking and entering and illegally taking and carrying away personal property.
Robbery The use of force or the threat of force and illegally taking and carrying away personal property.
List 3 types of individuals involved in a crime. Principal in the 1st degree, Principal in the 2nd degree & Accessory before the fact.
Principal in the 1st Degree Participant who actually committed the crime.
Principal in the 2nd Degree A party who aids, assists, or encourages the principal in the 1st degree during the commission of the crime.
Accessory Before the Fact Aids, counsels, assists in the preparation of the crime but is not physically present during the commission of the crime.
Inchoate Crimes Some uncompleted crimes may be punished.
List 3 types of inchoate crimes. Attempt, Conspiracy & Solicitation.
Wharton's Rule It is not a conspiracy for 2 persons to agree to commit a crime if the definition of the crime itself requires the participation of 2 or more persons.
List 2 criminal law affirmative defenses. Duress & Battered Woman Syndrome.
Duress Force or threat of force upon another to commit a crime.
Castle Doctrine Some states do not require treatment from your home.
List the 4 Insanity Tests. M'Naghten Test (aka Right-Wrong Test), Irresistible Impulse Test, Durham Rule & Model Penal Code Test aka Substantial Capacity Test.
Irresistible Impulse Test The loss of control due to insanity that is so great that a person cannot stop from committing a crime.
Durham Rule A defendant is not guilty because he was suffering from a disease or defective mental condition at the time of the act and there was a causal connetion between the condition and the act.
What defense is the Castle Doctrine connected to? Self-defense.
Battered Woman Syndrome Continuing abuse of a woman by a spouse or lover and the resulting physical and psychological harm.
List 2 Prohibitions from Double Jeopardy. Prevents a second prosecution for the same offense and prevents a second punishment for the same offense.
Bill of Attainder Pronouncing a person guilty without a trial and sentencing the person to death and attainder (all property is taken form the individual). Prohibited by the United States Constitution.
Criime Control Model The repression, detection & efficient prosecution of crime. Individuals often lose individual liberties and live in fear. Prosecution is bureaucratic. Form of assembly line justice.
Due Process Model Focuses on the integrity of individual rights, not the rights of the community to be free from crime. Legal guilt is the issue rather than factual guilt.
List 5 participants in criminal adjudications. Law Enforcement Officers, Prosecutors, Judges, Defense Attorneys & Victims
Law Enforcement Officers Police.
Prosecutors Government attorneys responsible for prosecuting violators.
Judges Part of judiciary; resolve disputes & administer justice.
Defense Attorneys Represent the defendant in criminal cases.
Victims Victim of crime is government; victim in fact-a person who had the crime committed against him or her.
Victim Impact Statement A statement made to the court, at the time of sentencing, concerning the effect the crime had on the victim or the victim's family.
Sovereign Immunity Cannot sue the government.
Exclusionary Rule The rule that illegally gathered evidence that may not be used in a motion to suppress.
What are 2 exceptions to the exclusionary rule? Pretrial matters and Government may illegally seize evidence to rebut statements may by the defendant.
Fruit of the Poisonous Tree Doctrine Evidence gathered as a result of evidence gained in an illegal search or questioning cannot be used against the person searched or questioned even if the later evidence was gathered lawfully.
Knock & Announce Rule Police must knock and announce their purpose before entering the premises.
Created by: Jazdiz