Criminal Law Midterm

Solicitation

Encouraging someone to commit a crime.

Accessory

Assisting someone in escaping after a crime.

Accomplice

Helping someone before and during a crime.

Attempt

Assessing proximity to completing a crime.

Concurrence

Simultaneous actus reus and mens rea.

Causation

Establishing foreseeability of consequences.

Proximate cause

Legal cause where consequences are foreseeable.

Legal Duties

Obligations to act under specific circumstances.

Contractual Duty

Obligation arising from a contract.

Assumption of Duty

Taking responsibility for another's welfare.

Statutory Law

Laws created by legislative bodies like Congress.

Statutes

Written laws addressing specific societal areas.

Ordinances

Laws created by local governments or councils.

Case Law

Laws derived from court decisions in individual cases.

Legal Precedents

Past court rulings that guide future cases.

Stare Decisis

Doctrine of following past decisions for consistency.

Judicial Decisions

Court interpretations of statutes and constitutional provisions.

Administrative Law

Regulations created by administrative agencies for public policy.

Administrative Agencies

Government bodies like EPA that create regulations.

Executive Orders

Directives issued by the President or governors.

International Law

Laws governing treaties and agreements between countries.

International Treaties

Agreements between nations that influence domestic law.

Ratification

Formal approval of treaties by Congress.

United Nations

International organization creating regulations affecting national law.

Public Policy

Guidelines governing public actions and decisions.

Environmental Protection Agency

Agency regulating environmental laws and policies.

Federal Communications Commission

Agency regulating communications in the U.S.

5th Amendment

Protection against self-incrimination and double jeopardy.

6th Amendment

Right to a speedy and public trial, an impartial jury, and legal counsel.

8th Amendment

Prohibition of cruel and unusual punishment.

Principles of Criminal Liability

A person is criminally liable if they have committed an act that is prohibited by law and have the requisite mental state.

Strict Liability Crimes

Crimes that do not require proof of mens rea (e.g., traffic violations).

Justification Defenses

Arguing that the act was right under the circumstances (e.g., self-defense, necessity).

Excuse Defenses

Arguing that the defendant should not be held accountable (e.g., insanity, duress, age).

Vicarious Liability

Holding one person liable for the actions of another (e.g., employer responsibility).

Definition of Actus Reus

A voluntary physical act or omission that causes harm.

Voluntary vs. Involuntary Acts

A voluntary act is performed with the will to do so, while an involuntary act is not within the individual's control (e.g., reflexes, seizures).

Ex Post Facto Laws

Laws that criminalize actions after the fact.

Bill of Rights

Protects the rights of individuals, including the 4th, 5th, 6th, and 8th Amendments.

4th Amendment

Protection from unreasonable searches and seizures.

5th Amendment

Protection against self-incrimination and double jeopardy.

Felonies vs. Misdemeanors

Felonies are serious crimes (punishable by over a year in prison), while misdemeanors are less serious crimes (punishable by less than a year).

Criminal Law vs. Civil Law

Criminal law involves the prosecution of offenses against society, while civil law deals with disputes between individuals.

Purpose of Criminal Law

To maintain social order, protect individual rights, and punish wrongdoers. Key goals include deterrence, rehabilitation, retribution, and restitution.

Actus Reus (Guilty Act)

The physical act of committing the crime.

Mens Rea (Guilty Mind)

The mental state or intent to commit the crime.

Sources of Criminal Law

Constitutional Law, Statutory Law (Statutes), Case Law (Judicial Decisions), Administrative Regulations.

U.S. Constitution and Criminal Law

The Constitution limits the government's power to make and enforce criminal laws.

Due Process Clause

5th and 14th Amendments.

Equal Protection Clause

14th Amendment.