Crim Law

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Crim Law
2013-12-08 20:38:24
Definitions first then names

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