Crim Law

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  1. What are the six theories of punishment?
    • 1) Incapacitation
    • 2) Special Deterrence
    • 3) General Deterence
    • 4) Retribution
    • 5) Rehabilitation
    • 6) Education
  2. Incapacitation is/works by:
    While imprisoned, a criminal has fewer opportunities to commit acts causing harm to others
  3. Special Deterrence is/works by:
    Punishment that may deter THE criminal from committing future crimes
  4. General Deterrence is/works by:
    punishment that may deter persons other than the criminal from committing similar crimes for fear of incurring the same punishment
  5. Retribution is/ works by:
    Punishment imposed to assuade societies sense of outrage and need for revenge
  6. Rehabilitation is/works by:
    Imprisonment provides the opportunity to mold or reform the criminal into a person who, upon release, will conform their behavior to societal norms
  7. Education is/works by:
    The publicity attending the trial, conviction, and punishment of some criminals serves to educate the public to distinguish good from bad conduct and to develop respect for the law.
  8. Felonies defined:
    Most states- crimes punishable by death or imprisonment exceeding one year
  9. Misdemeanors defined:
    crimes punishable by imprisonment for less than one year or by a fine only
  10. Malum In Se (wrong in itself):
    A crime that is inherently evil, either because of criminal intent or "moral turpitude".
  11. Actus Reus defined:
    Guilty Act: A physical act (or unlawful ommission) by the defendant
  12. Mens Rea defined:
    Guilty Mind. The state of min of intent of the defendant at the time of his act
  13. Concurrence defined:
    The physical act and mental state required by a crime both existed at the same time
  14. Harmful Result and Causation defined:
    A harmful result caused by (both factually and proximately) by the defendant
  15. 4 Elements to a Crime
    • 1) Actus Reus
    • 2) Mens Rea
    • 3) Concurrence of Actus Reus and Mens Rea'
    • 4) Harmful result and causation
  16. Voluntary act defined:
    a conscious exercise of the will (involuntary acts will not be detered by punishment
  17. Acts that are not voluntary
    • - Conduct that is not the product of the actor's determination (a pushes b, who bumps c. b is not criminally liable for c's injuries)
    • - Reflexive or convulsive acts
    • - Acts performed while unconscious or asleep, unless the def knew they might enter that state of mind
  18. Omission as an "Act"- 3 requirements
    • 1) Legal Duty to Act
    • 2) Knowledge of facts giving rise to duty
    • 3) Reasonably Possible to Perform
  19. Legal duty to act can arrise from:
    • A statute (paying taxes)
    • A Contract (lifeguard or nurse)
    • A relationship (parent-child)
    • Voluntary Assumption of Care- good samaritan gone negligent
    • Creation of Peril by defendant
  20. Voluntary Assumption of Care- criminal liability
    When a good samaritan is held criminally liable for not satisfying reasonable care during the rescue/providing assistance
  21. Possession as an "Act"
    • Requires the defendant have control of an item for long enough to dispose of the item
    • - Usually (MPC) must know the nature of the item posessed.
  22. Specific Intent
    • Doing an action with a specific intent or objective- required by specific intent crimes
    • Requires proof showing intent
    • Certain Defenses can apply only to specific intent cases- voluntary intox., unreasonable mistake of fact, etc.
  23. major Specific Intent Crimes list
    • Solicitation
    • Attempt
    • Conspiracry
    • First Degree premeditated murder
    • Assault
    • Larceny and robbery
    • Burglary
    • Forgery
    • False pretenses
    • Embezzlement
  24. Strict Liability Offenses defined
    • One that does not require awareness of all the factors constituting the crime
    • Certain defenses, like mistake of fact, are not available
  25. Purposely, Knowingly, or Recklessly test
    • Subjective- what was going on in def's mind
    • Purposely- Acts show conscious engagement in conduct
    • Knowingly- actions show understanding or high probability of risk or outocome yet avoids learning the truth
    • Recklessly-  Consnciously disregards a substantial or unjustifiable risk, results in a gross deviation from the standard of care
  26. Violation of Statute or Ordinance a Evidence of Negligence
    Violation of a statute or ordinance can be evidence of negligence (speeding prior to hitting and killing a pedestrian may be admissible as evidence)
  27. Negligence test
    • Objective Standard- what would a reasonable person understand from the situation
    • Acts negligently when fails to be aware of substantial and
    • Unjustified risk and failure constitutes a substantial deviation from the standard of care
  28. General State of Mind Requirement
    • Default is reckless, unless otherwise noted
    • Def must have acted with at least recklessness regarding each material element of the offense
  29. 4 Parties to a felony
    • 1) Principals in the first degree
    • 2) Principals in the second degree
    • 3) accessories efore the fact
    • 4) accessories after the fact
  30. Principal in the first degree defined
    person who engages in the act/omission
  31. Principle in the second degree defined
    persons who aid, command, or encourage the principal and are present at the crime
  32. Accessories before the fact
    persons who aid, abet, or encourage the principal but are not present at the crime
  33. Accessories after the fact
    persons who assist the principal after the crime
  34. Accomplice
    One who, with the intent that the crime be committed, aids, counsels, or encourages the principal before or during the commission of the crime
  35. Inchoate Offenses
    • Solicitation, Attempt, Consipracy
    • Committed prior to and in preparation for what may be a more serious crim
  36. Solicitation defined
    • Inciting, counseling, advising, inducing another to
    • Commit a felony
    • With the specific intent that the solicited person commit the serious crime
    • (General approval or agreement is insufficient)
  37. Conspiracy elements (Common Law)
    • An agreement between 2 or more persons;
    • An intent to enter into an agreement and an intent to achieve the onjective or the agreement
  38. Deadly Force defense
    • A law of necessity
    • Used proportionally- must protect from deadly force
    • Harm or death must be imminent
    • Deadly force does not need to kill- just be able to kill
    • Goetz Case (NY Subway)
  39. Goetz Case
    • NYC Metro case- vs 4 black boys with screwdrivers
    • NY statute was different from MPC- included the word "Reasonable"-
    • Objective standard used to judge use of deadly force defense
  40. State v Wanrow
    • Reasonable Standard test- objective test
    • Wanrow was helping a friend to confront the intoxicated man she suspected of molesting the friend's children. She was startled by his standing close behind her and shot him
    • Court could use evidence prior to the immediate circumstances surrounding the evidence
    • Reasonable person would find her belief in her danger as reasonable
  41. Reasonable test of Deadly Force defense
    • A jury may take into account all info about
    • alleged perpetrator
    • incident itself
    • to decide if it reasonably creates an impression of defendant's belief they are at risk
  42. State v Norman
    • Self defense
    • Husband serially beat and terrorized his wife. She shoots him while he slept and was convicted of voluntary manslaughter.
    • Appeals Court overturned saying she could subjectively have believed she was in imminent danger
    • Supreme Court overruled because there was no imminent danger, no instantaneous choice between killing and being killed
  43. People v Kurr
    • Defense of Others
    • Defendant and boyfriend argued on the day of killing about his cocaine use. he punched her in the stomach twice, though she was carrying his children. He came at her and she stabbed him in the chest to protect her unborn children.
    • Convicted of manslaughter, overturned because of a fetal protection act in MI
  44. Two Rule of Defense of Others
    • Reasonable Belief (majority)- Whether the person using the force reasonably believed the other person was in danger (mistakes ok)
    • Alter-ego- if the protected individual had the right, the protector had the right (no allowance for mistakes)
  45. Defense of Property
    • People v Cevallos (man rigs gun to shoot robbers when he wasn't home- Deadly force was unjustified)
    • Cannot use deadly force to protect property
  46. Defense of Habitation
    • Sometimes deadly force is ok for a home
    • Proportionality may not be a requirement for home
    • Three types of deadly force-habitation rules: person is trying to enter your home;intruder is going to commit a felony therein;you believe intruder is going to harm someone
  47. Tennessee v Garner
    • Police Officer and Deadly force
    • Shot an unarmed fleeing suspect
    • SC- Overturned saying cannot use deadly force unless officer through suspect posed threat of death or grave bodily harm
  48. Deadly Force
    • Force that could kill someone
    • Does not have to kill, just could be enough to kill
  49. Necessity Elements
    • No Adequate alternatives
    • Must have been done to prevent a great evil
    • The harm caused must not be greater/disproportionate to the harm avoided
Card Set:
Crim Law
2013-04-18 22:39:18
criminal law dc cfontanesi

Criminal Law flashcards (as procedure-less as possible)
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