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Criminal Law Final
Final Exam
| Question | Answer |
|---|---|
| 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. |
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