Studied by 210 people
Harm: There must be an external consequence.
Legality: First, the harm must be legally forbidden behavior to be a crime. Second, a criminal law must not be retroactive. [ex post facto: cannot apply to people/events before the law was passed]
Actus Reus: Latin for “guilty act,” or physical acts that make up the elements of a crime.
Mens Rea: Latin for a "guilty mind" or criminal intent in committing the act.
Causation: The mens rea and actus reus legally caused harm.
Concurrence: The actus reus and mens rea must exist simultaneously.
Punishment: For a behavior to be considered a crime, there must be a statutory provision for punishment or at least threat of punishment
you have the right to defend your home, vehicle, workplace (property) with deadly force
lawful occupant of home, vehicle, or workplace is not required to retreat prior to using deadly force
presumes a person who unlawfully and by force enters a home or attempts to enter one of these locations intends to commit an unlawful act involving force or violence
a person is justified to use deadly force and does not have the duty to retreat in any place he or she has the lawful right to be if either of the following apply
he/she reasonably believes that such force is necessary to prevent imminent death
such force is necessary to to prevent great bodily harm to himself, herself, or another
The person has stopped their threat or is fleeing
person is a law enforcement officer of bail bondsman acting in official duty
person is a lawful resident of the home, vehicle, or workplace and DOES NOT have a restraining order against the person asserting deadly force
person in the home, workplace, or motor vehicle is a child or grandchild or otherwise in the lawful custody (under lawful guardianship) of the person against whom the defensive force is used
advantages are you don’t have to retreat with the castle doctrine in NC
regulate force base on the aggressors original act (EX: can’t shoot someone who pushed you)
prosecutor has to press charges so the burden shifts to the property owner (BURDEN OF PROOF)
some believe that stand your ground laws especially encourage and enable more people to use guns and violence to solve minor problems (Treyvon Martin, parking lot dispute case)
In any place, including public areas, you can defend yourself against an aggressor if they show the intent to harm or kill you. The Castle Doctrine does not allow public defense. Furthermore, in some states you have to retreat before you can use deadly force.
Julian/Garcia case outside car
Gerald Gault, a 15 year old boy, was arrested for making an obscene phone call to his elderly neighbor. He was sentenced to 6 years in a training school for boys
His parents were not informed of his arrest
his sentence in real criminal court would only have been maybe 2 months in jail and a $50 fine
Revealed the violation of 14th amendment rights for all juveniles going through the system
14 Amendment requirements: adequate notice of charges, notification of both the parents and the child of the juvenile’s right to counsel, opportunity for confrontation and cross examination at the hearings, and adequate safeguards against self-incrimination
The above requirements were not met by the procedures used in Gault’s case
children now get counsel after the Gault case
SCOTUS ruled that they are people to, so they are entitled to due process rights under the Constitution
both are entitled to constitutional rights/protections
children can be tried under adult sentences for severe crimes
both sides now present witnesses in juvenile and adult court
no jury in juvenile courts
trials are private in juvenile courts + records are sealed
supposed to get reduced sentences
juvenile focuses on rehabilitation while adult focuses on punishment
