Criminal Law/Procedure

Criminal Law

protects us from each other, law that deals with harm to society as a whole

Criminal Procedure

protects us from the government agencies who enforce the criminal law

Model Penal Code and Commentaries

The American Law Institute’s proposal for uniform set of criminal laws, Kind of like what the Restatement is for Torts

Felony

a serious crime, usually carrying a prison sentence of one or more years.

Misdemeanor

a minor crime not amounting to a felony, usually punishable by a fine or a jail sentence of less than a year

Homicide

the killing of one human being by another

Felony Murder

a legal rule that expands the definition of murder. It applies when someone commits a certain kind of serious felony and someone else dies in the course of it. It doesn't matter whether the death was intentional or accidental—the defendant is liable for it.

Lesser Included Offense

A crime whose elements are contained within a more serious crime.

Hate Crime

crime where the selection of the victim is based on that person’s membership in a protected category, such as race, sex, or sexual orientation

United States v. Barrington, 648 F.3d 1178 (11^th Cir. 2011) [p. 489]

Student hacked computer to change grades,

Actus reus

the bad act that gives rise to criminal liability.

Commonwealth v. Robertson, 467 Mass. 371 (2014) [p. 492]

upskirting, law didn’t cover upskirting, guy got off, changed shortly after

Mens rea

the bad intent that gives rise to criminal liability.

General Intent

an intention to act without regard to the results of the act

Specific Intent

an intention to act and to cause a specific result

Commonwealth v. Carter, 474 Mass. 624 (2016) [p. 494]

girl encourage long distance boyfriend to commit suicide, charged with involuntary manslaughter convicted

Principal

the person who actually commits (i.e., carries out) the crime 

Accomplice

a person who assists the principal with the crime or with the preparation of the crime

Complete Defense

a defense that, if proven, relieves the defendant of all criminal responsibility. 

Partial Defense

a defense that reduces a crime to a lesser included offense

Insanity Defense

a defense requiring proof that that the defendant was not mentally responsible for his criminal acts

People v. Wolff, 61 Cal.2d 795 (1964) [p. 502]

15 yo killed his mom, plead insanity, court determined that he was sane

Intoxication

a defense requiring proof that the D was not able to form the requisite mens rea due to intoxication

Duress

a defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act

Entrapment

a defense requiring proof that the defendant would not have committed the crime but for police trickery

Self-Defense

The justified use of force to protect oneself or others

Reasonable suspicion

A suspicion based on specific facts.

Probable cause

A belief based on specific facts that a particular crime has been or is about to be committed.

Mitchell v. Wisconsin, 139 S. Ct. 2525 (2019)

DUI, blood test on unconscious patient is allowed

Carpenter v. U.S., 138 S. Ct. 2206 (2018) (p. 541)

Resulted in warrants being required for cell-site location information (CSLI)

Miranda warnings

The requirement that, prior to being questioned while in custody, defendants be notified of their rights to remain silent and to have an attorney present

Mapp v. Ohio (p. 555)

Case in which the court decided that evidence obtained illegally cannot be used against a defendant in the court of law

Exclusionary Rule

A rule that states that evidence obtained in violation of an individual’s constitutional rights cannot be used against that individual in a criminal trial.

Fruit of the Poisonous Tree Doctrine

Evidence that is derived from an illegal search or interrogation is inadmissible.

Plea bargaining

A process whereby the prosecutor and the defendant’s attorney agree for the defendant to plead guilty in exchange for the prosecutor’s promise to charge him or her with a lesser offense, drop some additional charges, or request a lesser sentence