Crim law

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Author:
jrok6661
ID:
251758
Filename:
Crim law
Updated:
2013-12-08 20:15:50
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definitions
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names first then definitions
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  1. 1st degree Murder
    • 1.    The murder involved;
    • a.    Premeditation                                                                No length of time to premeditate
    • b. Deliberate                                               One that is undertaken with a cool head
  2. 2nd Degree Murder
    • 1. Intent - not meant to kill
    • 2. Depraved heart - indifference to human life
    •     Knowledge of the possibility of death
    • 3. Felony murder
  3. Voluntary Manslaughter
    • 1. Heat of Passion
    • 2. Adequate Provocation
    •     RPP standard
  4. Involuntary Manslaughter
    • 3 tiered approach
    • 1. Reckless
    • 2. Gross Negligence
    • 3. Simple Negligence
    •    Subjectively aware of grave danger
  5. MPC Murder
    • 1. Purposeful
    • 2. Knowingly
    • 3. Indifference to Human Life
    • 4. Felony Murder
    •     Accomplices too
  6. MPC Manslaughter
    • Reckless; or
    • Extreme Emotional Disturbance; is
    • 1. Provocation
    • 2. Heat of Passion
  7. MPC Negligent Homicide
    • Gross Negligence
    • 1. Should be aware of the risk of death
    • 2. Gross deviation from the standard of care
  8. MPC Culpability
    • 3) Culpability is always required
    • 4) If it says knowingly - MR applies to all elements of the crime
  9. Common law Culpability
    • General Liability
    •    No MR needed except intent for underlying     act
    • Specific Liability
    •    MR for result needed
    • Gray area
    •    MR Circ
    •    MR other then intent in result
  10. Defense of Other Common law
    Person who you defend must be reasonable in using the force you use
  11. Defense of Others MPC
    • Resonable to ask question
    • Justified if;
    • 1. force would be ok to protect self
    • 2. other person must be able to use force
    • 3. belief that intervention is nessasary
  12. Statutory Interpretation
    • 1. Plain meaning
    • 2. Canons of contraction
    • 3. Legislative History
    • 4. Lenity
  13. Canons of Construction
    • 1. Figure out meaning from context of statute
    • 2. Plain purpose - best achieve purpose of statute
    • 3. Plausible meaning - Don't intend absurd results
    • 4. Avoid meanings that wipe out the whole statute
    • If all arguments absurd apply lenity
  14. Direct cause
    You did it for sure
  15. Indirect cause
    You did what made it happen
  16. Indirect - dependent cuase
    • Cause attributed to your actions
    • Guilty
  17. Indirect - independent cause
    • Other actions happened
    • Independent intervening causation
    • a) if foreseeable still guilty
    • b) if there is something else that happened that actually caused the harm then Not guilty
  18. Concurrence
    • 1. Temporal
    • MR and AR happened at the same time
    • Continuing act - kill and dispose of body
    • 2. Motivational
    • MR motivation for AR
  19. excuse v. justification
    • Excuse=partial defense
    • Justification=full defense
  20. Self defense burden
    • Preponderance of evidence
    • Prima faca case - enough to establish likelihood
  21. Duty to retreat
    In public- Reasonable
  22. Castle Doctrine
    • No duty to retreat in your home
    • Must prove RPP would assume imminent threat
    • Stricter then defense of habitation
  23. Stand your ground
    Not duty to retreat anywhere
  24. Defense of habitation
    Presumption of imminent threat
  25. Defense of property
    • not allowed to use force to defend only property
    • Threat of unlawful force is the only time you can use this this kind of force
  26. Nessisty
    • All elements
    • 1. Balance of Harms
    • 2. No legislative determinations
    • 3. Causation - illegal conduct prevents harm
    • 4. No effective legal alternatives
    • 5. Clear and imminent danger
    • 6. Defendant not at fault for creating the situation
  27. Duress
    • 1. Imminent treat
    • 2. Reasonable fear
  28. Voluntariness
    An element of every offense
  29. Intoxication defense
    • Voluntary
    • Involuntary
  30. Voluntary Intoxication
    Negates MR in specific intent crimes
  31. Involuntary Intoxication
    Involuntariness negates MR requirement, but Smith exception for drinking and drug together
  32. Insanity-Common law
    • McNaughton
    • 1. Inability to understand right from wrong
    • 2. Didn't know the difference between right and wrong
  33. Insanity
    Insane at time of offense
  34. Insanity-MPC
    • 1. Lacked capacity to appreciate wrongness
    • 2. Lacked capacity to conform to the law
    • can't control yourself
  35. Diminished capacity Common law
    • partial defense
    • 1. partial insanity 
    • Know right from wrong but still have something wrong with you that impedes you from doing right
    • 2. infancy
    • degrees of culpability depending on age
  36. Entrapment
    Cant create crime and punish people for doing it
  37. Entrapment common law
    • 1. Subjective
    • Defendants predisposition
    • 2. Objective
    • Police conduct - would entice RPP
  38. Entrapment MPC
    • Like objective
    • False representation that crime is OK
    • Police conduct would entice RPP
  39. Accomplice Liability
    • Planning and presence
    • More then just hanging out with criminal
  40. Mistake of fact
    • General rule
    • If it negates MR element that it's a case in chief defense
    • Limitations if general intent
    • Must be reasonable and honest
  41. Legal wrong doctrin
    You still did crime so inert is not allowed as a mistake
  42. General Intent
    MR intent to do act not result
  43. Specific intent
    Intend to do MR act and result
  44. Mistake of Law
    Somebody in an official capacity told you what you were doing was OK
  45. Lambert exception
    • Ignorance of the law not a defense, but omission crimes different
    • If you didn't have notice then it is a DP violation
  46. 3 federal constitutional limitation
    • 1. Void for vagueness
    • 2. Cruel and Unusual Punishment
    • 3. Equal Protection
  47. Void for vagueness
    • No way to tell what is legitimate purpose
    • If some guidance than not voided 
    • DP
  48. Cruel and Unusual Punishment
    • Standards of decency constantly evolving
    • Objective factors
    • example death penalty & 3 strikes law
  49. Equal protection
    • Racial discrimination
    • Facial Neutrality;
    • Equal for all but could be discriminatory 
    • Apply suspect class standards
  50. If suspect class or Fundamental right
    • Strict Scrutiny
    • Race, religion, nationality
    • 1. Compelling state interest, i.e. saving lives
    • 2. Narrow tailoring; like physical requirements for police
  51. If not suspect class nor fundamental right
    • Rational basis
    • 1. Legitimate state interest
    • 2. Rationally related to purpose; good reason
  52. Intermediate class
    • Gender & Sexual orientation
    • Between the two
  53. Mens Rea
    • 1. Culpability generally
    • moral blameworthiness that out to make a person criminally responsible
    • 2. Particular mental state provided in the definition of the offense
  54. Common law MR terms
    • Willfully
    • Maliciously
    • Corruptly
    • Intentionally
    • Knowingly
    • Recklessly
    • Negligently
  55. MPC MR terms
    • Hierarchical - From worst to less worse
    • 1. Purposefully
    • 2. Knowingly
    • 3. Recklessly
    • 4. Negligently
  56. Intent
    • Common Law & MPC the same
    • Conscious purpose or know it will happen
  57. Knowledge
    • Common Law & MPC the same
    • Aware of the fact correctly believe the fact exists or willful blindness or deliberate ignorance
  58. Willful blindness
    If you know something is true but choose to make sure you don't actually know for sure
  59. Transferred intent
    • Intent to kill one person but kill another
    • Only works for the same crime
  60. General Intent
    Intent to do the AR act but not the result
  61. Specific Intent
    Intend to do the MR act and result
  62. Strict Liability
    No MR needed to be guilty
  63. General Liability
    Most crimes - Need MR to be guilty
  64. Rape
    • 1. Intercourse
    • 2. Lack of Consent
    • 3. By force or threat of force
  65. Statutory Rape
    Strict liability - No MR needed
  66. Sodomy
    • Constitutional limits apply to what states can criminalize
    • Fundamental right
  67. Prostitution
    • Passed rational basis but not strict scrutiny 
    • Unsure how to apply this to other laws, cuz not a fundamental right or suspect class

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