crim-general

Card Set Information

Author:
sascha.hammerle
ID:
4146
Filename:
crim-general
Updated:
2010-01-13 14:03:31
Tags:
taft-law
Folders:

Description:
general
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The flashcards below were created by user sascha.hammerle on FreezingBlue Flashcards. What would you like to do?


  1. statute felonies
    • controlled by modern statutes.
    • sentenced to death or imprisionment in state prision.

    • MODEL PENAL CODE
    • CALIFORNIA PENAL CODE
  2. common law felonies
    • punishable forfeiture of land, goods, or both
    • murder
    • manslaughter
    • rape
    • sodomy
    • mayhem
    • robbery
    • arson
    • burglary
    • larceny
  3. malum in Se
    inharently bad in themselves, immoral. all common law felonies
  4. malum prohibitum
    • necessary to regulate the common good and welfare of the people
    • driving regulations.
  5. burden of proof
    • prosecution
    • beyond reasonable doubt
    • can not be a matter of law, only matter of fact- jury
    • effect- treating an element as a matter of law, will remove it from jury consideraton and thus violate the victims 6th ammendment right.
    • with a defense. burden of evidence a matter for defendant, except for traditional defenses.self defense can be placed on fefendant, on insanity can be placed on defendant as well.

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