criminal law

Card Set Information

criminal law
2010-09-13 10:36:43

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  1. ALI
    American Law Institute
  2. Torts
    Non Criminal Wrongs
  3. Every Crime Can also be a Tort
  4. What the prosecution must prove of a specific crime
  5. Crimes are typically grouped in these 4 catagories
    against a : Person, Property, Public order or morality, State
  6. Common Law was also known as
    Judge made Law, States adopted reception status
  7. First State with Criminal Code
    New York 1881
  8. Modern Penal Code
    ALI wrote it in 1962, more than 40 states changes their laws to conform
  9. 3 administrative agencies
  10. Every Criminal Law must provide a
    defined punishment
  11. Purpose of punishment
    Retribution-eye for an eye, Prevention
  12. 2 benifits of punishment
    society retalition for offense, offender pays debt to society
  13. 4 kinds of prevention
    • 1.general deterence-threat of punishment
    • 2.specific deterence-inflict pain/punishment or threaten offender
    • 3.incapacition-take away ability of offender to commit crime
    • 4.rehablitaion-change individiual so they want to obey the law
  14. reasonable doubt
    not guilty -acquittal
  15. appellant
    party appealing-dependent
  16. appellee
    party defending-state
  17. Majority Opinion
    4 out of 7 supreme court justices
  18. Dissenting Opinion
    Disagrees with results
  19. Concurring Opinion
    Agrees with results but disagrees with reasoning in majority opinion
  20. Affirm
    Conviction Stands
  21. Reverse
    Conviction Overturned
  22. Reverse and Remand
    Conviction Overturned and sent back to lower court to fix mistake
  23. Due Process
    Rule of Law
  24. Ex Post Facto
    Cant Change after the Fact
  25. 1st amendment
    Right to Free Speech
  26. 5 categories not protected as free speech
    • 1.obscenity
    • 2.profanity
    • 3.libel/slander
    • 4.fighting words
    • 5.words which represent a clear danger of causing an evil, government has right to prevent
  27. Is right to privacy in constitution
    No, amendments 1,3,4,9,5,14 are meant to give us the illustration that we have this right-prenobra
  28. 8th amendment
    No Cruel or unusual punishment- originally meant for barbaric torture
  29. Is death penalty cruel or unusual
    is sanctioned by the 14th amendment
  30. Actus Reus
    The Criminal Act
  31. 3 elements of criminal act
    • 1. Actus Reus- The criminal act
    • 2.Mens Reus- The Criminal Intent
    • 3.Concurrence- The intent set the criminal act in motion
  32. Burglary
    Breaking entering into place with the intent to commit a felony
  33. 5 elements of a murder
    • 1.Act-Shot
    • 2.Intent-To kill
    • 3.Concurrence-intent for the triggerd act
    • 4.Causation-bullet
    • 5.The Harm-death
  34. Can failing to act be a crime
    • Only if unreasonably fails to perform legal duty:
    • 1.criminal omission
    • 2.failure to intervene
  35. 3 ways legal duty to act
    • 1.By statute-filing taxes
    • 2.By Contract-Police Officer
    • 3.Special Relationship-Parent,Teacher