POLS140 Exam 2: Chapter 5, 6, 8

criminal law

a branch of law dealing with crimes and their punishments (crime is an offense against the public)

mala in se

bad in and of itself, inherently bad crime (murder)

mala prohibita

crime because we don’t want people to not follow the law (running a stop sign)

property crimes

burglary, arson, vandalism

white collar crimes

fraud, pyramid schemes

constitutional limitations on law

a law cannot be over-broad or vague, no ex post facto or bills of attainder, right to privacy, equal protection clause, eighth amendment

proportionality

punishment has to fit the crime

elements of a crime

actus reus and mens reus

actus reus

the guilty act

mens rea

the guilty mind

motive

why someone committed an act

levels of criminal liability (highest to lowest)

intent, knowing, reckless, negligence

acting intentionally

one performed an act on purpose with intent to accomplish a result

acting knowingly

one is consciously aware that a result is practically certain

acting recklessly

one consciously disregards a substantial and unjustified risk

acting negligently

one fails to exercise a reasonable standard of care

strict liability

intent is assumed; it does not matter whether you intended to or not (traffic offenses, selling liquor to minors, sexual contact with minors)

why have strict liability crimes

in order to make sure individuals get justice over situations they should know better on

inchoate crimes

offenses based on crimes not yet completed (solicitation, conspiracy, attempt)

doctrine of complicity

everyone who joins the crime (in any fashion) is as guilty as if they had committed the crime alone

solicitation

to ask, hire, or encourage another to commit a crime

conspiracy

an agreement between two or more conspirators takes significant action in furtherance of the intended criminal objective

attempt

if one intends to commit a criminal offense and does an act that tends to corroborate the intent, but does not complete the criminal offense

criminal defenses

it is the states duty to provide all elements of the offense beyond a reasonable doubt

reasonable doubt

most common strategy; simply cast doubt on any/all aspects of the prosecution’s case (e.g., reliability of witness, chain of evidence, illegally obtained confession)

alibi

it couldn’t have been the defendant because they were somewhere else other than the crime scene

self-defense

one has the right to defend one’s self… amount of force used must be proportional mto the nature of the threat

defense of others

one can use force in defense of others if they cannot defend themselves; same level of force that they could lawfully use

stand your ground rule

if someone is going to use force on you, you are not required to retreat, even if you can

castle doctrine

if you’re in your home, you’re not required to retreat ever

defense of property

this is limited… generally, deadly force is not allowed

necessity (choice-of-evils)

yes, one committed the act, but it was to prevent a greater evil (e.g., breaking into a mountain cabin during a snowstorm to keep from freezing to death)

dures

one committed the act, but one was pressured into it (e.g., threatened)

mistake of fact

if one takes a coat out of a restaurant that looks like theirs but isn’t, they’ve made a reasonable mistake of fact (no mens rea)

entrapment

getting someone to commit crimes they would not otherwise commit; merely providing the opportunity to commit a crime is not entrapment

involuntary intoxication

voluntary intoxication is generally not a defense

syndromes (battered women’s syndrome or PTSD)

the idea behind these is that sometimes people are subjected to conditions that are so traumatic they lose the capacity to control their actions (no mens rea)

insanity

if one is suffering from some type of mental illness or defect, one cannot have the requisite mens rea to commit a crime

infancy

children are generally not assumed to be capable of forming criminal intent; this becomes a rebuttable presumption as they get older

criminal procedure

since the criminal justice system is designed to punish people and potentially deprive them of their liberty, we need to ensure that they receive due process (process must be fair)

arrest

the physical taking into custody of someone believed to have committed a crime; force can be used as long as it is reasonable

probable cause

facts that would lead a reasonably intelligent person to believe that an offense has been committed and that the person accused committed it

custodial interrogation

confessions are great; the fifth amendment places limitations on police

Miranda v. Arizona (1966)

miranda rights; trying to determine when one is in “custody” and when miranda warnings are necessary can be tricky

collusion

a typically secret agreement among rivals to prevent competitions

immunity

preferential protection from lawsuits

case-or-controversy requirement

the parties in a lawsuit filed in federal court must truly be adversaries

justiciable

the requirement that a case be well suited for judicial determinations

ripeness

whether a case has developed sufficiently to be before a court for adjudication

standing

whether the plaintiff who filed the lawsuit is the right person or entity to be bringing the particular claim before the court

moot

outside the judicial power because there is no case or controversy… there must be some direct adverse effect on one party in the suit

political-question doctrine

the judicial branch is not entitled to decide questions that more properly should be decided by the executive and legislative branches of the federal government (ex: peace and war)

act-of-state doctrine

american courts should not determine the validity of public acts committed by a foreign sovereign within its own territory

statute of limitations

the time period, established by the legislature, within which an action must be brought upon claims or rights to be enforced

laches

a doctrine that those who delay too long in asserting and equitable right will not be entitled to bring an action

claim preclusion (res judicata)

doctrine that a final decision by a competent court on a lawsuit’s merits concludes the litigation of the parties and constitutes a bar (a legal barrier) to a new suit

sovereign immunity

basic principle of law that no sovereign can be sued without its express consent

governmental immunity

legal immunity provided to executive, legislative and judicial officers when an act is within the scope of their authority and in the discharge of their official duties

parental immunity

a legal doctrine that makes parents immune from suits by their unemancipated minor children for negligence or intentional torts

charging and pleading

the decisions to charge lies with the prosecutor alone

plea barganing

over 95% of cases get plea bargained (guilty, not guilty, no contest)

the right to an attorny

contained in the sixth amendment

bench/jury trial

chosen by defendant

fifth amendment

grand jury, double jeopardy, self-incrimination, due process

sixth amendment

speedy public trial, jury trial, informed of charges, confront witnesses, present evidence, right to counsel

appeals

either side can appeal if they think there have been errors; one cannot appeal because one didn’t like the verdict

sentencing

eight amendment and proportionality

sentencing goals - incapacitation

removal: jail, probation, monitor/house arrest

sentencing goals - deterrence

example; sway people to not do something

sentencing goals - rehabilitation

rehab; focus on crime being societally originated

sentencing goals - retribution

death row; punishment in the form of revenge

Furman v. Georgia (1972)

SCOTUS strikes down death penalty (5-4)

Gregg v. Georgia (1976)

SCOTUS upholds decision… death penalty allowed (7-2)

extensive aggravating factors (death penalty)

detonation, rape, hiring someone, repeat offender, age

mitigating factors (lessen sentence)

self defense failed, intoxication, age, no prior record, diminished capacity

civil procedure

recall that some actions can be both criminal and civil (e.g., the punch that breaks someones nose)

civil cases vs. criminal

civil cases far outnumber criminal cases in both federal and state courts

civil cases

pretty much anything that is not criminal

federal rules of civil procedure and the federal rules of evidence

each state has its own rules of civil procedure

adjudication

“the process through which as case reaches its final resolution through the system”

Res Judicata

precludes the relitigations of a claim once it has been adjudicated

rules of evidence

govern the admissibility of evidence in a case

preponderance of evidence

this is the standard of proof required to win a civil case

triggering event

the event the causes someone an injury

plaintiff

the person who initiates a civil proceeding

ways attorney paid

hourly, contingency fee (pay per win), per retainer

settlement conference

agreement between parties with attorney to try to avoid court

pleadings

a formal statement of the plaintiff’s claim and the defendant’s response

complaint

a document which alleges jurisdiction, sets forth facts that establish the existence of a legal claim and entitles the plaintiff to relief from the defendant, and demands relief

injunctive relief

an order to the count to do or not to do something

pre-trial

the defendant (or respondent) must be served with the complaint; usually done by a process server or sheriff

motion to dismiss (sometimes called a demumer)

lack of jurisdiction, improper/inadequate service, that the complaint does not state a claim upon which relief can be granted

motion for summary judgement

an argument that one is entitled to a judgement in one’s favor without a trial

discovery

a method by which the opposing parties to a lawsuit may obtain full and exact factual information concerning the entire area of their controversy

formates of discovery

oral questioning, interrogatories, compelling documents, requests for physical/mental exams, requests for admissions/denials

pre-trial conference

designed to simplify the issue(s) to be tried, obtain admissions of undisputed facts, obtain stipulations as to the geniuneness of documentary evidence, agree on witnesses to be presented and exhibits to be introduced at trial, and set the time for presentation of evidence by each side

civil trial

the judge presides over the trial… they make sure due process requirements are followed, rule within respect to evidence, make sure appropriate procedure is followed, make sure a jury is properly seated, make sure judgement is awarded in accordance with law

bench or jury trial

either side can request (or waive) a jury trial

voie dire

the process of selecting a jurty

plaintiff’s case

plaintiff presents evidence to sustain the allegation in the complaint