Pooppy

Retribution

Infliction of punishment on criminal for their wrongful acts

Incapacitation

Removing or restricting the offender from the community for their acts

Detterance

General: preventing people from comming crimes from seeing ou shipment done to others

Specific: may involve restraint or even removal from community

Rehabilitation

Hopes in change of the offenders behavior with proper treatment

Statutory laws

Laws that arte voted on by legislators and passed into law

Constitutions

Set of laws that are protected federally and no state can go below them

Judicial decisions

Case laws

Administrative laws

Laws that comes from agencies

Grade of offense

Punishment on laws broken depend on how serious the crime was

Moral turpitude

Acts that are base vile and immoral

Void for vaguess

Statues must be declared void if it is not specific enough for a person to know what is forbidden

Ex post factor

You cannot be charged for a crime if the statue came out after the crime was commited

Bill of attainder

No statues can be specifically against an individual

Due process

Statues cannot be lower than the federal standard

Acts Reus

Criminal act

Mens reus

Criminal state of mind

Concurrence

Mens reus and acts reus mst coincide

Causation

The cause for the crime

Purposely

Intentionally comming the crime

Knowingly

Aware of conduct and aware that it is practically certain that such conduct will cause result

Recklessly

Consciously disregards a substantial and unjusti

Negligently

Actor should be aware of a substantial and unjustifiable risk

Substantial factor

Criminalact was substantial factor in the h

Vicarious liability

Imputes criminal act of one person to another

Enterprise liability

Imputes acts of agents to their operations

Nixon v Administator of General services

Not a bil of attainder

Kennedy v Louisiana

Louisiana imposes death pentality for rape of a child dear 12 8th amendment prohibits cruel and unusual punishment

Granite constriction v supreriour court

Coporation may be procescuted for manslaughter under existing California law

4th amendment

RIGHT AGAINST unreasonable searches and seizures

1.

Right to approach to request information needs an objective credible reason too

2.

COmmon law right of inquiry needs founded suspicion of possible criminal activity

3.

Stop and frisk required resonable suspicion that criminal activity if afoot

4.

Arrest and fll search incident to arrest requires probable cause

Good faith exception

Police have reasonable good faith to search is ok if later ruled illegal

Plain view doctrine

Evidence found in plain view and open to public inspection may be seized without warrent

Inevitable discovery doctrine

Evidence may be used in court even if illegally obtained if it would have invariably been discovered anyways

Public safety exception

Reasonable belief of a crime in progress imminent harm or other exigency circumstances exsted for warrant less earch

5th ammendment

Ignorance or mistake

Ignorance is not a legally acceptable defense but in some situations a mistake is

Duress

When an indivituial is coerced or induced by the wrongful act of another to commit criminal activity this can be an accepted defense

Necessity

THis is a acceptabke criminal defense depending if what they did was necessity

Infancy

Children under the age of 7 cannot be legally charged with a crime since its presumed they are not capable of doing so

Insanity

This is an acceptable defense depending if the defiant is acutally insane

Malaprohibita

Laws deemed illegal by society

Malaense

Evil in itself

The M’Naghten Rule

Defendant found not guilty if they did not know the act was wrong and proved insanity with the M’Nagthen test

Irresistible impulse test

Defendants can be found not guilty or reasons of insanity if they could not stop themselves

Durham rule

Case definition the person is not criminally responsible if the unlawful act is the product of mental disease or mental defect overruled in 1972

Substancial capacity test

A person is not responsible for criminal conduct f they lack Substancial capacity to stop themself from doign the act

Complete defense

Charges dropped defendant acquitted

Partical defense

Reduction in the mens rea defendant not fully charged

Self defense

Justification mst be in reasonable fear for your life and safety and cannot safely retreat

Affirmative defense

Defendant must do somthing to defend themselves

Custodial interrogation

Designed to enlist incriminating responce Must be given miranda rights

In re winship

Due process clause protects that accused against conviction expect upon proof of beyond reasonable dovute to constitute a crime charge int order to find that a child is a juvenile delinquent

Violation

Not crimes lowest form of dipostition Highest punishment 15 days incarceration

B Misderminer

Incarceration up to 3 months

A Misderminer

Shop lifting assault in the 3rd degree incarceration up to 1 year