Unit 2- Criminal Law

Law and Justice

What is "Harm" in criminal law?

Harm to a person or property.

What is "Illegality" in criminal law?

The act must be legally forbidden by statutory law.

What is "Ex Post Facto"?

You cannot be charged if the law was created after the act was committed.

What is "Actus Reus"?

The actual criminal conduct or criminal negligence.

What is "Mens Rea"?

The intent: acting intentionally, willfully, or knowingly.

What is a "Strict Liability Crime"?

A crime that does not require intent (example: statutory rape).

What are legal defenses to mens rea?

Duress, underage, insanity, self-defense, defense of others, entrapment, necessity.

What is a felony?

A crime with punishment over 1 year.

What is a misdemeanor?

A crime with punishment of 1 year or less.

Who is the "principal" in a crime?

The person who commits the crime.

Who is an "accomplice"?

A person who helps the principal commit the crime.

What is an accessory before the fact?

Someone who orders or helps with a crime but is not present.

What is an accessory after the fact?

Someone who helps a criminal avoid capture after the crime.

Are most crimes state or federal?

State.

What are examples of state crimes?

Assault, drunk driving, murder, shoplifting.

What are examples of federal crimes?

Not paying federal taxes, fraud, international smuggling.

What are examples of crimes that are both state and federal?

Possession of drugs, bank robbery.

Who has the burden of proof in a criminal case?

The prosecution.

What must the prosecution prove?

Guilt beyond a reasonable doubt.

What is the defendant presumed to be?

Innocent unless proven guilty.

What is a crime of omission?

Failing to perform an act required by law.

What are examples of crimes of omission?

Not filing taxes, not stopping after an accident, neglecting children.

What is solicitation?

Urging, advising, or commanding someone to commit a crime.

What is attempt?

Taking a substantial step toward committing a crime.

What is conspiracy?

An agreement between 2 or more people to commit a crime.

What is homicide?

The killing of one human by another.

What is first-degree murder?

Premeditated, deliberate, with malice.

What is felony murder?

A killing that happens during the commission of certain felonies.

What is second-degree murder?

Malicious killing that is not premeditated or deliberate.

What is voluntary manslaughter?

Killing after provocation that causes a reasonable loss of self-control.

What is involuntary manslaughter?

Unintentional killing caused by reckless behavior.

What is vehicular manslaughter?

Involuntary manslaughter involving a motor vehicle.

What is negligent homicide?

Death caused by extreme criminal negligence.

What is assault?

Attempt or threat to carry out a physical attack.

What is battery?

Unlawful physical contact without consent.

What are examples of degrees of assault/battery?

Deadly weapon, intent to rob, intent to murder, aggravated battery, simple assault.

What is stalking?

Repeated harassment or threats that cause fear of harm.

What is rape?

Sexual intercourse without consent.

What is aggravated rape?

Rape involving a weapon or extreme force.

What is statutory rape?

Sexual intercourse between an adult and a minor under age of consent.

What is sexual assault?

Includes rape, attempted rape, or unwanted sexual contact.

What is arson?

Malicious burning of property, building, or structure.

What is vandalism?

Malicious damage or destruction of property.

What is embezzlement?

Taking property that was entrusted to you.

What is larceny?

Theft of property.

What is grand larceny?

Theft over about $1000 (felony).

What is petty larceny?

Theft under about $1000 (misdemeanor).

What is shoplifting?

Taking items from a store without paying.

What is robbery?

Theft involving force or intimidation.

What is burglary?

Unauthorized entry into a structure.

What is extortion?

Gaining money through threats or intimidation.

What is forgery?

Altering documents to defraud.

What is receiving stolen property?

Having property you know or should know is stolen.

What is unauthorized use of a vehicle?

Taking a vehicle temporarily without permission.

What are examples of computer crimes?

ID fraud, credit card fraud online, spreading viruses, hacking passwords.

What is the defense of self-defense?

Using reasonable force to protect oneself from imminent harm.

What is the Castle Doctrine?

No duty to retreat before using deadly force at home, work, or car.

What is Stand Your Ground?

Right to defend yourself anywhere you are lawfully present.

What is defense of others?

Using force to protect another person who could claim self-defense.

What is defense of property?

Using reasonable non-deadly force to protect property.

What is the infancy defense?

Children under 7 cannot be criminally responsible; ages 7–14 usually tried in juvenile court.

What is involuntary intoxication?

Being drugged without consent.

What is the M’Naghten Rule?

Insanity defense: defendant didn’t know the act’s nature or couldn’t distinguish right from wrong.

What is entrapment?

Being persuaded by police to commit a crime (opportunity alone is not enough).

What is duress?

Committing a crime under immediate threat of danger (not valid for homicide).

What is necessity?

Committing a crime to prevent greater harm (not valid for murder).

What are the goals of criminal sentencing?

Retribution, incapacitation, deterrence, rehabilitation.

What are arguments for the death penalty?

Eye for an eye, closure, deterrence, no chance of escape.

What are arguments against the death penalty?

Mistakes are irreversible, costly, not a deterrent, many wrongful convictions.

What is the difference between jail and prison?

Jail = short-term, local,

What is plea bargaining?

Agreement to plead guilty for reduced charges or sentence.

What are benefits of plea bargaining?

Saves time/money, guarantees guilty verdict, spares victims from testifying.

What are detriments of plea bargaining?

Innocent people may plead guilty, criminals get lighter sentences, victims feel justice not served.