CRJU Final Review

13th amendment

abolished slavery and involuntary servitude in the United States, except as punishment for a crime, thus granting freedom to all enslaved individuals.

14th amendment

granted citizenship to all persons born or naturalized in the United States and ensured that no state could deprive any person of life, liberty, or property without due process of law.

14th amendment con.

applied the fundamental portions of the bill of rights to the states

• don’t apply to private actors (private security guards)

• only state/fed agents/officers

brown vs board of education

Landmark Supreme Court case that declared racial segregation in public schools unconstitutional, thus overturning Plessy v. Ferguson. (overturned separate but equal)

classifying crimes - felonies vs misdemeanors

felony - a serious crime, typically punishable by more than one year in prison

misdemeanor - a less serious crime, often punishable by a shorter jail sentence, a fine, or both

• amount of money

• type of injury

• weapon used

• age of victim

ex post facto law

criminalizes act that was innocent when committed

1st amendment

free speech; freedom of religion, press assembly, to petition the government

criminal liability

criminal conduct - actions or behaviors that violate laws and are punishable by the government

• w/out justification (ie - self defense)

• w/out excuse (ie - insanity)

5 elements of criminal liability

• actus reus (The intent to commit a particular crime; the law punishes individuals for their actions, not for voluntary or accidental ones, reckless or negligent ones)

• mens rea (an element of crime in which a person must have criminal intent, or a “guilty mind”, for their actions to be criminal)

• concurrence (the fact of two or more events or circumstances happening or existing at the same time.)

• attendant circ (facts or conditions surrounding a criminal act that can affect its legal interpretation and the determination of culpability, often influencing the severity of the crime.)

  • ex: Statutory Rape: The victim's age is an attendant circumstance. 

  • Robbery: The use of a firearm or the presence of multiple perpetrators can be attendant circumstances, potentially leading to a harsher sentence. 

  • Burglary: The time of day (e.g., at night) or the type of building broken into (e.g., a dwelling) can be attendant circumstances. 

• bad result

  • all crimes have criminal acts/not all have criminal intent

  • criminal omissions - failure to act to rpt

  • actual possession/constructive possession

  • confessions only direct evidence of mental state

  everything else is circumstantial

actual possession vs constructive possession

ap - direct physical control (e.g., drugs in your pocket)

cp - awareness and control over an item in an area you have access to (e.g., a firearm in your car, even if you didn't put it there)

confessions only direct evidence of mental state

everything else is circummstantial

strict liability

crimes without criminal intent

-statutory rape & speeding cases

inchoate crimes (Inchoate means “to begin” and sometimes we make it a crime “to begin” illicit behavior.)

crimes that go beyond mere thought but are not completed

• solicitation - asking someone else to commit crime

• conspiracy - agreeing with another to commit crime

  • wheel & chain conspiracy

attempts - proximity test & unequivocality test

• proximity tests - where defendants acts close enough to the intended crime to count as the criminal act in the attempt?

• unequivocality test - stop the film test

legal impossibility

actor intends to commit crime and do everything they can to commit the crime

• law doesn’t criminalize what they actually did

factual impossibility

commits a crime but not the crime

• women stabs sleeping husband who beats her

• does not know he died two hours earlier from heart attack

abandonment

defendants change their mind - decide not commit

• voluntary and complete renunciation of criminal purpose

perfect defense

if defense works, you’re not guilty

• alibi

• entrapment - government agent gets person NOT PREDISPOSED TO COMMIT CRIME to commit a crime

self defense elements:

• attack UNPROVOKED

  imminent danger/present danger

• necessity - 3 factors (necessity great; exists right now; for prevention only)

• reasonable force

• present danger

castle doctrine

consent:

• no serious injury - sports - benefits consenting person

  • must be VOLUNTARY, KNOWING & AUTHORIZED

insanity (legal concept, not medical one)

substantial capacity test - defense must lack substantial capacity, not complete mental capacity

1st degree murder

intentional killing with malice aforethought (a deliberate intention to take away the life of a human being)

premeditation (planned) & deliberation

felony murder

manslaughter - adequate provocation - no cooling off period

rape

actual force not needed - threat of force is sufficient

statutory rape

an act of sexual intercourse with a person under the age of consent

rape shield laws

limits evidence of victims reputation/past sexual conduct

kidnapping

seizing & carrying away, movement of victim, specific intent (to confine)

theft

taking or carrying away property

robbery

theft with force

burglary

breaking and entering, dwelling of another, intent to commit a crime within

knock & announce

police must first knock & announce before entering private dwelling

search incident to lawful arrest

wingspan - the area within a person's immediate control, typically their arms' reach, when they are arrested

plain view

officer in a location where they allowed to be and see contraband in plain view

miranda

CUSTODY & INTERROGATION - voluntary statements OK

• limits on deception - police can lie to suspects

• if custody & interrogation - you must have Miranda or statements inadmissible

to obtain a conviction, the prosecution must prove each element of the offense

beyond a reasonable doubt

beyond a reasonable doubt vs preponderance of the evidence

• is the higher standard used in criminal cases, requiring the prosecution to prove the defendant's guilt to a high degree of certainty, leaving no reasonable doubt about their innocence

• is the lower standard used in civil cases, requiring the party to prove their case is more likely than not true

reasonable suspicion

leads to probable cause —> beyond a reasonable doubt

jurisdiction

where trial is being held based on charges

double jeopardy

can’t be tried for the same charges in same court

• defendants must be informed of the charges against them

indictments and informations

an indictment is a formal accusation of a crime issued by a grand jury, while an information is a formal accusation issued by a prosecutor

competency to stand trial - different from insanity

• insanity - deals with mental make-up at TIME OF CRIME

• competency deals with mental make-up at TIME OF TRIAL

goals of bail

• help assure the return of the defendant to court

• protect the community

• **only excessive bail is prohibited

bail options

cash, secured, unsecured & ROR (released on recognizance)

effective assistance of counsel

reasonableness under prevailing profession norms

• court CANNOT force a defendant to have an attorney

deterrence

prevent criminals from re-offending

incapacitation

prevent criminals from having any opportunity to commit future crimes

retribution

punish criminals because they deserve it

prior to executinng a search warrant at a private residence, the police generally must

have a magistrate review and sign the warrant

rehabilitation

restoring a witness's credibility and helping offenders return to society after a conviction. It involves therapy, training, and education to aid individuals in reforming their behavior and reintegrating into society. 

sentencing

the punishment imposed on a convicted criminal by a court after they have been found guilty of a crime.

aggravating factors at sentencing

injuries to victim, weapon, criminal history, repeated abuse of victim, age of victim

mitigating factors

cooperation with police, lack of history, victim participation

death penalty - 8th amendment (cruel and unusual punishment)

• sup Ct has held that capital punishment is NOT cruel & unusual

• bifurcated trial

  • two step trial procedure - guilt phase & penalty phase

• no one under age 18 can be executed

• mentally ill cannot be executed

probation

• inmate or defendant in the community

• meets with a probation officer once a week, once a month, etc

• urine screens, counseling, all conditions monitored

  • restitution

  • no contact

  • community service

juvenile court

court focused on what was best for the child

status offenders

failing to attend school or running away from home

delinquents

commit act that is criminal for adults as well

why should juveniles be treated differently?

• not fully responsible for their actions

• do not have same mens rea - criminal intent

juvenile trials

• no injuries

• closed hearing

• not a conviction but an adjudication

financing modern terrorism

• it takes money to fund organizations, and resources to support operations

• another method for attacking terrorism was that governments needed to stop the flow of money

homeland security - roles are divided into three functions:

• preventing terrorism

• responding to attacks

• providing technical support to local agencies

which of the following is NOT a permissible restriction on speech (pursuant to the 1st amendment)?

obscenity

the police take an illegal statement from Greg. they didn’t mirandize him and they were supposed to. Greg tells them where the illegal drugs are. in this example, the statement is:

the poisonous tree

the defendant argues that he had an alibi at the time of the crime. he says he was with his friends in another town. this is an example of:

a perfect defense that could result in the defendant being found not guilty

the defendant is charge with attempted murder. the court is likely to use the following test to determine whether this is a legitimate “attempt”:

proximity

for miranda to apply, you must have custody &:

interrogation

an example of a perfect defense would be:

an alibi

in all state and federal courts, a defendant must prove their innocence beyond a reasonable doubt

False