Criminal Law

3 of 5 main purposes of criminal law

control behavior(deterrence), protect the public, punishment(retribution), restitution, rehabilitation

3 main sources of criminal law

common law, statutory law, and case law

elements of the crime

the individual pieces of a criminal statute that the prosecution must prove

separation of powers

divides authority among three branches of the government

executive, legislative, and judicial

the three branches of government

executive branch

enforces the law

legislative branch

makes the laws

judicial branch

interprets the law

commerce clause

grants wide federal jurisdiction because it grants congress the authority to regulate business with foreign nations and among the states

The Constitution

the supreme law of the land

bill of rights

are the first ten amendments to the constitution

fourth amendment

protects against unreasonable searches and seizures

fifth amendment

protects against compelled self-incrimination

Name 3 key rights protected by the Sixth amendment

public trial, speedy trial, counsel. subpoena witnesses, confront witnesses, and unanimous verdict

originalists

believe the Constitution should be interpreted as understood at the time it was drafted

living constitutionalists

believe the Constitution is a dynamic document that must be interpreted with the flexibility to address the issues and problems of the day

stare decisis

the legal doctrine that encourages a tradition of respecting past legal precedents and decisions

to be convicted, the jury must find the defendant guilty:

beyond a reasonable doubt

probable cause

to indict a defendant, the prosecutor must prove to the grand jury that there is… that a crime was committed

the four main participants in the criminal process

judge, prosecutor, defense counsel, defendant, victim, law enforcement

absolute immunity

judges and prosecutors have… that protects them from being sued for any harm caused by the acts committed and decisions made in the performance of their professional duties

qualified immunity

law enforcement officers have… for their actions if they act reasonably and where the constitutional right was clearly established

2 part test to determine admissibility of an eyewitness ID:

was the ID overly suggestive, and if so, was it still reliable

3 main methods for law enforcement to obtain witness ID

photo arrays, line-ups, and show-ups

False

T/F a defendant has a right to counsel during an ID conducted prior to charges being filed

three main charging documents

criminal complaint, information, and indictment

true bill

if the majority of a grand jury finds probable cause that a crime has been committed, it returns an indictment

True

T/F bail is used to determine if a defendant can be released before trial in most state criminal systems

Danger to the community and risk of non-appearance

a federal magistrate judge will consider these two things when deciding whether to release a defendant prior to trial

3 things a prosecutor must produce to the defendant as a part of pre-trial discovery

exculpatory information(brady), prior statements of witness(jencks), and impeachment materials

presumed innocent

a defendant is….. until the end of trial

unanimous verdict

a jury must reach a… to resolve a criminal trial

voir dire

is the process of questioning prospective jurors to insure that they can be fair and impartial

Daubert

to be admissible expert testimony must be capable of being tested and peer reviewed, must have a known error rate, and must be generally accepted, all of which is measured by the totality of the circumstances

3 types of evidence that might be introduced at a trial

direct evidence, circumstantial evidence, physical evidence, scientific evidence, demonstrative evidence

Allen charge

a judge can give an… to try to get a struggling jury to reach a unanimous verdict

Mens rea

latin for “guilty mind,” is the defendants required state of mind for any particular crime

False

T/F to find that a defendant acted knowingly, a jury must find that he took specific action to achieve a specific purpose

True

T/F the least difficult state of mind to prove is that the defendant acted negligently

False

T/F a general intent crime requires the prosecution to prove that the defendant intended the result of the crime

strict liability

if there is no mens rea requirement for a particular crime it is a….. offense

Transferred intent

if you intend to shoot A, but you accidentally shoot B, you are still guilty under a theory of…

Criminal responsibility results from..

Mens rea plus Actus reus

actual and constructive

the law recognized these two types of possession:

Proximate cause

the legal doctrine under which a defendant can be held responsible for acts that naturally and foreseeably caused the harm

Inchoate crimes

can be charged whether or not the crime was successful

Attempt, solicitation, conspiracy

two examples of inchoate crimes

True

T/F factual impossibility is not a valid defense, whereas legal impossibility is a valid defense

conspiracy

requires an agreement between 2 or more people, plus an overt act in furtherance of the conspiracy

True

T/F under common law, an assault put someone in fear of a hurtful touch, whereas a battery required a harmful touch

aggravated assault

usually involves use of a weapon, an assault, against a specified victim, like a cop or child, or occurs during the commission of another crime

False

T/F a terroristic threat must create an immediate threat

True

T/F kidnapping is a more serious offense than false imprisonment

2 factors that might make something a kidnapping versus false imprisonment

ransom demand, use victim as shield, use victim to facilitate flight, use to facilitate another crime, moving the victim from one place to another

cyberbullying

willfully inflicting on another person using a computer

True

T/F under common law, a rape conviction required a showing that the defendant threatened or used force

rape shield laws

generally, prevent the introduction of a victim’s reputation or promiscuity at trail

strict liability

statutory rape is an example of a … offense

malice aforethought

first degree murder is the unlawful killing of another with…

felony murder

doctrine states that if people are engaged in the commission of a felony and someone dies, everyone involved in the felony is responsible for the death

robbery

stealing plus assault or battery equals…

True

T/F larceny requires an intent to steal from the beginning, whereas conversion does not

material

for most fraud charges, a lie or misleading statement must be… in other words, it had the potential to change the outcome

true

T/F embezzlement is a type of conversion

forgery

altering a written instrument or document to obtain property of another

false

T/F receiving stolen property is a general intent crime

extortion/blackmail

threatening a victim into paying money or something of value to keep you from harming the victim’s business, family, reputation, health, or relationships

3 most common federal white collar criminal charges

wire fraud, mail fraud, and bank fraud

false

T/F a defendant needs to personally use an interstate wire transmission to be liable for wire fraud

money laundering

a defendant can be convicted of… if he engages in financial transactions to conceal the nature, location, source, ownership or control of proceeds of unlawful activity

4 crimes that can qualify as predicate acts for a RICO charge

murder, extortion, bribery, drug dealing, fraud, human trafficking, money laundering

true

T/F burglary requires unlawful breaking and entering into a structure

Mala prohibita

crimes are called… if they are only illegal because lawmakers defined that activity as illegal

3 examples of crimes that are only illegal because lawmakers defined those activities as illegal

gambling, prostitution, drug offenses, alcohol offenses, gun offenses

2 examples of people prohibited from possessing firearms

felons, drug addicts, mentally ill, dishonorable discharges

true

T/F rioting is generally a more serious offense than disorderly conduct

bribery

if a congressman accepts something of value for personal gain he might be at risk of being charged with…

obstruction of justice

can involve interfering with a judicial, administrative or legislative proceeding

perjury

lying under oath

subornation of perjury

convincing someone else to lie under oath is

false statements

if you are interviewed by a federal law enforcement agent and you lie, you can be convicted of this

true

T/F the patriot act makes it easier for various law enforcement agencies to share information

providing material support to a terrorist organization

if you send money to Hamas or Al Queda you could be convicted of…

treason

the only crime specifically mentioned in the constitution

sedition

involves inciting revolt or violence against a lawful authority to destroy or overthrow it

espionage

spying against the federal government on behalf of a foreign country

burden of production

the defense bears… to present enough evidence to convince the judge to allow a defense at trial

false

T/F the prosecution always bears the burden of persuasion for a defense presented by a defendant

5 years

the statute of limitations for most federal crimes

true

T/F a defendant must give the prosecution advance notice of an alibi defense

2 main things to consider when weighing a defendant’s competency

does the defendant understand the nature of the proceedings, and can the defendant assist in her own defense

false

T/F competency focuses on the defendant’s state of mind when the crime was committed

true

T/F consent can be valid defense to rape, but not statutory rape

true

T/F a mistake of fact can be a valid defense, but a mistake of law is generally not accepted as a valid defense

duress defense

a defendant who faced an imminent threat of serious bodily injury by someone with the ability to carry out that threat, and with no opportunity to escape

diminished capacity

defense focuses on the defendant’s ability to form the required mens rea at the time the crime was committed, did the defendant know her actions were wrong

irresistible impulse

if the defendant can show that he would have committed the crime even if standing next to a cop, the… defense might apply

necessity defense

if a defendant faces two evils and chooses the lesser evil, there were no legal alternatives, the defendant might be able to use this defense

reasonable

to claim self-defense, a defendant must prove that his use of force was…

castle doctrine

states that a person has no duty to retreat when confronted by an attacker in her own home