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ICL Midterm
| Question | Answer |
|---|---|
| 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
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