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ICL Midterm

QuestionAnswer
What is meant by the term Police Power? The legislative power of a state to pass laws that promote the public health, safety and welfare.
Nulla Poena Sine Lege No punishment without a law. This is where we get the 5th A (due process).
Ex Post Facto Law Retroactive law: punishes behavior that is not criminal when it was done.
Bill of attainer Law that inflicts punishment without a trial.
Over beadth doctrine So broad that it interfers with other freedoms.
Status Crimes Law that outlaws a status.
Robinson vs. California Status Crime. Made heroin addiction a criminal act.
Powell vs. Texas Status Crime. Arrest for public drunkenness.
The federal government and Police Power The Fed Gov. does not have inherent police power to make criminal law.
Federal Enclaves Federally owned and controlled land.
Extradition Removal of a person from one jurisdiction to another so they can face charges in the requesting jurisdiction.
U.S. Citizen in foreign lands They have jurisdiction over you.
True crimes require what 2 elements? Mens Rea (Guilty Intent)& Actus Rea (the guilty act)
Strict liability Crimes One that does not require intent or knowledge only the act.
What is motive important for? Sentencing and punishment. Rarely an element of a crime.
Presumptions and Inferences Jury must / Jury May
What do presumptions allow jurors to do? Prove knowledge, Use interchangeably, Irrebutable
Mens Rea Guilty Intent
Scienter Guilty Knowledge
What crime is committed if one has formulated an intent to commit an illegal act? Nothing
What are the elements to a conspiracy? An agreement between 2 or more people. It is an Overt Act.
What impossibility defense works for the crimes of attempt? If a defendant who plans to engage in conduct he/she thinks is a crime but it is not a crime then there is no crime.
Conspirator A person who is a party to an agreement to commit an unlawful act
Pinkerton Rule One co-conspirator can be liable for the action of the other co-conspirator even if they didn't know of the act so long as the act in furtherance of the conspiracy.
Which inchoate crime is most frequently charged? Attempt.
M'Naughten Rule Phase 1: Needs to prove the defendant is mentally ill. Phase 2: Due to the mental illness at the time of the crime they didn't know that what they were doing was right from wrong.
Irresistible Impulse Defendant must show insanity or mental illness that prevented him from controlling his conduct even if he know right from wrong.
Substantial capacity Defendant must show capacity to distinguish right from wrong.
Diminished capacity Evidence that because of the mental illness that prevented the defendant to form mens rea.
Guilty but mentally ill Defendant is found guilty by mentally ill then the judge can sentence him to anything that is appropriate for the sentence...then the dept of corrections must furnish a mental health unit.
Competency to Stand Trial Can happen at any stage. Defendant must have the ability to consult with the lawyer and understand the charges filled against them. Ability to understand the proceedings.
Self defense (non deadly force) elements Persons action is unlawful. Force must be immediately necessary. Amount of force must be reasonable.
Florida stand your ground law No duty to retreat. Creates a presumption that as a homeowner you have a reasonable fear of imminent peril or death whenever one unlawfully & forcefully enters your dwelling you can use force for force.
Who can discipline children? Parents, legal guardians, foster parents, neighbors, teachers.
What type of force is allowed to defend property? non deadly force
Can you use booby traps to protect your property? no
Use of deadly force to make an arrest Police can use deadly force if he/she is dealing with a felon and must have reasonable belief a use of deadly force against him or others is in existence (tenn vs gardner)
Insanity defense offers an excuse for the behavior but does not justify it
Mistake of fact is never a defense to what type of crime? strict liability crimes
Duress can never be a defense to what crime? murder
Frame up Defendant alleges a police officer set them up
Set up Defendant alleges a private citizen set him up
Entrapment Two elements. 1st you were induced by law officers or agents to commit the crime. 2nd you were not pre disposed to commit the crime.
Right to speedy trial Defense centered to protect them from relinguishing. 180 (f) 90 (mm) from the time of arrest or of being charged you have to be tried.
Void for vagueness a statue will fail as unconstitutional if it is so unclear that a man of common intelligence must guess at its meaning.
Gregg vs. Georgia Guided discretion: Bi-furcated trial (guilt & penalty phase) Aggravators (one) Auto Appeal to state supreme court
Roper vs. Simmons Over ruled the supreme court and said that they didn't want to put to death a teenager 17 and younger.
Graham vs. Florida Said it is unconstitutional to give juveniles life in prison without possibility for parole for non capital offense.
Can indigents be incarcerated to pay off fines? no
Who can't be given the death penalty in the united states? Children 17 and younger, mentally ill, insane
What must be found before one gets the death penalty? Jury must find one aggravating circumstance.
What test is used to determine if the government has impinged on a persons first amendment right? Clear and present danger test
Does stalking require an attempt to do physical harm to a victim? no
Assault must convey imminent harm yes
Does on the a 5th amendment right to their identity and refuse to give thier name to a law enforcement officer> no
Created by: chelseyabigail