Criminal Law

60 cards

Crimn law final not cards


 
  
Created Apr 23, 2010
by
igoodman

 

 
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1
Formalism
 
Extract elements set forth in statute and compare facts to those elements
2
Instrumentalism
 
Discern purpose, intent or function of statute and apply it consistently 
3
Utilitarianism (theory of punishment)
 
Uses punishment as a means to protect the community - greatest happiness to greatest number
4
Deterrence (utilitarianism)

Also - general deterrence v. specific deterrence
 
Justificatin of practice or policy depends on its consequences (moral ramifications unimportant)

-...
5
Incapacitation (utilitarianism)
 
Removing person from society to prevent them from comitting another crime
6
Rehabilitation (utilitarianism)
 
Give criminal the tools that will allow him to make better decisions in the future
7
Retribution (theory of punishment)
 
"just deserts"

- if someone did something wrong, must pay for it
- focus on amount...
8
Denunciation (theories of punishment)

 
- What offender did was wrong, caused pain, society doesn't like it
- Way to channel victim's...
9
Homicide - Pennsylvania Pattern
 
- First degree murder (purposefully): malice aforethought, deliberate, premeditated killing
-...
10
Model Penal Code Homicide
 
- Murder
    * When committed purposely or knowingly
   ...
11
Texas Homicide Pattern (following MPC)
 
Murder (only one degree, 3 ways to commit)
    * intentional or knowing killings
   ...
12
Malice Aforethought (i.e. Penn. Code)
 
- May be express or implied
    * express when there is manifested a deliberate...
13
Manslaughter: voluntary, involuntary and vehicular (i.e. Penn. Code)
 
Voluntary
    * upon a sudden quarrel or heat of passion (passion must be...
14
Depraved Heart Murder
 
Malice may be implied where D acts with depraved heart (depends on indifference to life)
15
Felony Murder 
 
- 1st degree murder that occurs when there is accidental or intentional killing during course...
16
Deciding whether felony qualifes as predicate offense for felony murder
 
2 Tests
- Felony must be "inherently dangerous"
    * Elements of felony...
17
Justifications for felony murder
 
Deterrence
Provides additional retribution
easier for prosecution to prove malice in...
18
Merger doctrine (felony murder)
 
- Excludes felonies that are presupposed by a murder charge
- Must be separate purpose for...
19
Mens rea
 
Mental state - no criminal liability for guilty mind alone (CL rule)
   ...
20
4 Levels of (Mens Rea) Culpability
 
Purposefully - D's goal or purpose is to engage in particular conduct to achieve a particular...
21
Actus Reus
 
Physical act
- MPC says act must be voluntary
- Must have actus reus for every element...
22
Possession as actus reus (MPC)
 
Possession is an act if possessor knowingly received the thing possessed or was aware that...
23
MPC Culpability (substituted for mens rea)
 
Intentionally - intent to cause particular result or engage in specific conduct
Knowingly...
24
Why require proof beyond a reasonable doubt?
 
- Comport with due process
- Worse to convict innocent man than to let guilty man go free
-...
25
Burden of proof standard for proving defenses?
 
Preponderance of the evidence
26
Direct Evidence
 
Any evidence that directly links the defendant to the crime committed (DNA, fingerprints, etc)
27
Circumstantial evidnce
 
indirectly helps to establish guilt or innocence of defendant through logic (requires inference...
28
2 ways to commit assault
 
1. D can attempt to batter the ictim
2. D can put victim in fear of imminent battery
29
Attempt
 
-substantial step towards completino of the crime
- when D crosses line between mere perpetration...
30
MPC Assault (simple)
 
Person is guilty of assault if he:
(a) attempts to cause purposely, knowingly or recklessly...
31
MPC Assault (aggravated)
 
Person is guilty of aggravated assault if he:
(a) attempts to cause serious bodily injury...
32
MPC Recklessly Endangering Another Person
 
if person engages in conduct which places or may place another person in danger of death or...
33
MPC Terroristic threats
 
If he threatens to commit any crime of violence with purpose to terrorize another ot cause...
34
General Intent
 
Objective standard
35
Specific Intent
 
Subjective standard
36
MPC Burglary
 
Guilty if:
(1) D
(2) Entered building or occupied structure
(3) With purpose to commit...
37
Stalking
 
knowing or intentional course of conduct involving repeated harassment of another person that...
38
MPC Rape
 
Guilty of rape if acting purposely, knwoingly, or recklessly regarding each material elements...
39
Modern rape law
 
- Most use gender neutral language
- Most have criminalized spousal rape
- Most have...
40
Failure of Proof (defense)
 
 - not a real "defense" - refers to prosecutor's failure to prove each element of a crime...
41
Justification (defense)
 
- When behaviors are criminalized, can't anticipate all circumstances, and that crime may have...
42
Excuse (defense)
 
- "I committed the eleemtns of the offense, but I wasn't responsible for my actions" - something...
43
MPC Approach to affirmative defenses
 
Prosecution is either required to disprove the defense or defendant must prove it to satisfaction...
44
Alibis
 
- Introduces contradictory theory or rebuttal (places D away from crime scene, attempts to...
45
Self-Defense (Illinois)
 
Person is justified in use of force against another when and to the extent he reasoanbly believes...
46
Self-defense (common law)
 
1. Honest and reasonable fear of death or great bodily harm
2. from an imminent and unlawful...
47
MPC self-defense
 
Use of force upon another preson is justifiable when actor believes such foce is immediately...
48
Battered Spouse Syndrome
 
- not a free standing defense, can be used to boost the defense of something
- Meant to...
49
Duress/Coercion (common law)
 
- Threat of death or serious bodily harm
- Imminently posed
- Against D or close friend...
50
Duress/Coercion MPC
 
- Coereced by use of, or threat to use, unlawful force against his person or person of another
-...
51
Entrapment (excuse)
 
- Full defense to a crime
- Requirements: D must demonstrate she was induced by a government...
52
Insanity (M'Naughten test)
 
"Must be clearly proved at the time of commiting the act, the party accused was laboring under...
53
Attempt (Indiana)
 
A person attempts to commit a crime when, acting with the culpability required for commission...
54
MPC Attempt
 
Guilty of attempt to commit a crime if, acting with the kind of culpability otherwise required...
55
Legal Impossibility
 
Lawful act with a guilty conscience (full defense to attempt under common law)
56
Factual impossibility
 
D misperceives the facts, but if facts were as D believed them to be, D could accompslih the...
57
MPC on impossibility
 
- No defense of impossibility
- Guilty of attempt of he purposely engages in conduct which...
58
MPC "escape hatch"
 
So inherently unlikely that D would've caused harm that it makes no sense to convict him of...
59
MPC abandonment
 
1. Complete renunciation
2. Abandoned efforts before crime is complete
3. Efforts voluntarily...
60
MPC solicitation
 
Guilty of solicitation if with the purpose of promoting or facilitating its commission he commands,...

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