Crim Law Terms

Retribution

Retribution

A person who commits bad acts deserves to be punished

Specific Deterrence

deter the person

General Deterrence

deter the public

Rehabilitation

punishment can treat criminals

Actus Reus

proximate cause

link between the act and the result

Mens rea

culpable mental state

General intent

A blameworthy state of mind" Only need to prove intent for the conduct not the result. (example is battery)

General intent plus

the intent to commit the act with an added subjective reasonability factor

Specific intent

Proof of a particular mental state required. Usually needs intent for both conduct and result. Statute will include words like "with the intent to"

MPC Purposeful

A conscious objective which you know will occur Intent can transfer

MPC Knowledge

Know or practically certain. Aware of a higher probability of the existence of the fact in question

MPC Reckless

Conscious disregard of a substantial risk

1. aware of the risk

2. Disregarded te risk

MPC Negligent

Should have been aware of the substantial risk A "gross deviation" from the expected standard of care

Mistake of fact

if the defendant mistakes a fact which is an element of the offense, he can't be convicted because he either had the requisite mens rea or not

MOF - General Intent

the mistake is honest and reasonable

MOF - Specific Intent

The mistake is honest

Mistake of Fact (MPC)

"the ignorance or mistake negates the purpose, knowledge, belief, recklessness, or negligence required to establish a material element of the offense"

Mistake of Law

the defendant reasonably relied on an "official statement: of the law later to be determined erroneous

Mistake of Law (MPC)

When knowledge of the law is explicit made an element of the offense When there is reasonable reliance on an official, but erroneous statement of the law

Strict Liability

negates a mens rea element, If there is actus reus then the defendant is liable

Strict Liability MPC

Except as provided in Section 2.05, a person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material element of the offense.

Dominion of Control

It does not matter if the drugs were touched by the individual, it does not negate constructive possession

Constructive possession

very low bar, court can read in possession if there is a close nexus of the individual to the drugs

Inchoate Crimes

crimes committed along the way to the commission of a full crime even if it was not fully committed (attempt, solicitation, conspiracy, accomplice liability)

Attempt Type 1

Those who try and failed (missing a bow and arrow shot)

Attempt Type 2

Those who have mens rea and actus reus but can't complete the crime because of a mistake of fact ( pickpocketer reaches into a pocket and there is no wallet)

Attempt Type 3

Those who are in the process of committing a crime but are stopped (police stop you)

MPC Attempt

_______________ requires a "substantial step" towards the culmination of the commission of the targeted offense. With respect to liability/ punishment, MPC says you are guilty of the same offense whether you attempt or execute

Conspiracy

1. a criminal agreement

2. An overt act in furtherance of that agreement - by any of the conspirators

Pinkerton Rule

each conspirator is criminally liable for all crimes committed by co-conspirators, if those crimes were committed in furtherance of the conspiracy

Alvares

A conspirator is guilty of only reasonably foreseeable acts of the conspiracy Legal Impossibility the act, if completed, would not have been a crime so its legally impossible to commit the offense

Factual impossibility

When a crime is impossible to complete because of some physical or factual condition unknown to the defendant

Abandonment

the clear _______________ of a crime can release liability if it is permanent and not a postponement

Common Law Rape

the carnal knowledge (vaginal penetration) of a woman forcibly AND against her will

Homicide elements

Mens Rea Conduct Result Causation

Common Law Homicide

The unlawful killing of a human with malice aforethought

Express malice

an intent to kill

Implied malice

Because defendant intended to cause victim injury OR Circumstances showing defendant acted with depraved heart or depraved indifference

First Degree - CL

deliberate a premeditated killing

Premeditation

the defendant reflected on the idea of a killing, if only for a brief time

Second degree - CL

an intentional killing without premeditation

Voluntary manslaughter - CL

killing done in the heat of passion brought on by adequate provocation

Involuntary manslaughter - CL

no intent to kill but recklessness causes death

Felony murder - CL

often held as first degree. The killing resulting from another felonious act MPC Homicide

MPC Murder

Criminal homicide constitutes murder when their is either express, implied malice

MPC Express malice

it is committed purposely or knowingly

MPC Implied malice

it is committed recklessly under circumstances manifesting extreme indifference to the value of human life

MPC Felony murder

If someone is engages in an intentional felony, if death results from it then the intent transfers

MPC Manslaughter

criminal homicide constitutes ___________ _________when: a) it is committed recklessly OR b) a homicide which otherwise would be murder but it was influenced by extreme mental or emotional disturbance which a reasonably explainable - Viewpoint of a reasonable actor in the same situation

MPC Recklessness

A person acts __________________ with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct The risk must be of such a nature its disregard involves a gross deviation from the standard of conduct that a law-abiding person would observe in the actor's situation

Proportionality

Is the retaliation proportional to the initial violence (gun to a fist fight)

Reasonability

A reasonable person in the person's shoes would use force or feel threatened to use force

Imminence

the threat needs to be imminent

First Aggressor

self-defense not allowed if your the initiator

Retreat

The idea in common law that before you use deadly force you should try and retreat

Stand your ground

If you have a right to be where you are including public place, and doing nothing wrong, you don't need to retreat in face of a threat

MPC self defense

1. justifiable when the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion 2

2. the actor believes that such force is necessary to protect himself against death, serious bodily harm, kidnapping or sexual intercourse compelled by force or threat (reasonability)

3. not justified if the actor , provoked the use of force against himself in the same encounter (first aggressor)

M'Naghten Rule

1. offender does not to know the nature and quality of the act he was doing, OR

2. if he did know, he did not know what he was doing was wrong"

Durham Rule

A person is excused for insanity if her unlawful act was the product of a mental disease or defect. Also known as "product rule"

Irresistible Impulse

An actor is insane if: "as a result of a diseased condition of the mind he is by an insane impulse irresistibly driven to commit" the crime

MPC 4.01 Insanity

1. A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity to appreciate the criminality (wrongfulness) of his conduct or to conform his conduct to the requirements of law

2. as used in this article, the terms "mental disease or defect" do not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct

8th Amendment

Excessive Bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted