Criminal Law Final Exam

certiorari

a discretionary writ issued by the Court to review the decision of a lower court

habeas corpus

Limited post-conviction review is possible under state post-conviction review laws

public law

criminal law in England and the United States is part of each nation's…

tort

the same action can be a violation of the criminal law and a civil wrong known as a

criminology

the sociological and psychological study of the causes of crime, the control of crime, and the conditions under which criminal law developed.

forensic science (criminalistics)

is the professional and scientific discipline directed to the recognition, identification, individualization, and evaluation of physical evidence by application of the natural sciences.

police power

refers to the broad legislative power of a state to pass laws that promote the public health, safety, and welfare.

nulla poema sine lege

"no punishment without law"

felony

the most serious type of crime and generally is punished by one year or more in prison or a penitentiary.

misdemeanor

less serious offense and usually carries a sentence of imprisonment for no more than a year, though some states may provide for longer sentences

ex post facto

after the fact laws (are forbidden in Constitution)

bill of attainder

legislative act that inflicts punishment without the person (defendant) already having had a trial in a court before a judge

due process

following established legal procedures

"void for vagueness" doctrine

test asks whether a statute or ordinance on its face or as applied to a particular defendant "is so vague that men of common intelligence must guess at its meaning and differ as to its application."

"overbreadth" doctrine

"offends [when the words of a statute or ordinance] … sweep unnecessarily broadly and thereby invade the area of protected freedoms."

status crime

criminal laws that punish a status, such as drug addiction, with no act requirement

common law

the first and earliest source of criminal law

common law crimes

crimes developed by the common law judges in England and supplemented by acts of parliament and decrees issued by the king

Magna Carta

A document signed by King John in 1215 giving certain rights to his nobles. Successive kings affirmed this charter before Parliament

administrative crime

Crime created by government administrative agencies under specific authority and guidelines granted to the regulatory or administrative agency by law of that state or the federal government

homicide

The killing of one human being by another. There are three types of ___: justifiable, excusable, and felonious.

“born alive” requirement

To be able to charge homicide of a newborn baby, the prosecution must be able to prove that the child was living at the time it was killed

Feticide

Murder of an unborn child

Murder

Unlawful homicide with malice aforethought.

transferred intent

A doctrine used when the intention to harm one individual inadvertently causes a second person to be hurt instead. The individual causing harm will be seen as having “intended” the act by means of the “__ __” doctrine

premeditation

Mental determination to unlawfully kill another person after planning or reflecting on actions causing death.

felony murder

Most states and the federal government have felony murder statutes that punish as murder the causing of death of others while the defendant is committing a felony of violence. A felony murder conviction does not require a showing of malice or deliberate intent to kill.

manslaughter

Criminal homicides other than murder. Most states provide for two degrees of ____: voluntary and involuntary

perfect self-defense

A homicide in which the killer subjectively believes that his or her conduct was necessary and reasonable and that, by objective standards, a reasonable person would believe it was lawful and complied with the requirements of the law. The homicide is either justifiable or excusable, and it carries no criminal liability.

Imperfect self-defense

A homicide in which the killer subjectively, but unreasonably, believes that his or her conduct was necessary. It may be unlawful if the killing was done with excessive or unnecessary force. An unnecessary killing in self-defense, in defense of another, or to prevent or terminate a felony of violence could be __________.

euthanasia

A killing of a terminally sick or injured individual with only a short time to live. Also called mercy killing.

assisting suicide

The act of furnishing the means of a suicide, pursuant to a statute that permits such assistance.

“clear and present danger” test

One of the tests used to judge government restrictions on speech

disorderly conduct

Loud, obnoxious, or other offensive conduct in a public place

fighting words

Speech which, because it will likely incite immediate violence, is not protected by the First Amendment

obscenity

Communication that the average person, using contemporary community standards, would find appeals to the prurient interests or depicts sexual conduct in a patently offensive manner and, taken as a whole, lacks serious artistic, literary, political, or scientific value

inciting

The offense of urging another to commit an unlawful act

defamation

The offense of injuring the character or reputation of another by oral or written communication of false statements. ___ consists of libel (written offense) or slander (oral offense)

symbolic speech

Nonverbal expressions that convey a belief or idea

threats of violence

Statements or actions that unequivocally convey the message that violent actions will be taken

true threat

A serious expression of an intent to inflict bodily harm

unlawful assembly

Under common law, a gathering of three or more people for any unlawful purpose or under such circumstances as to endanger the public peace or cause alarm or apprehension

riot

Under the common law, a tumultuous disturbance of the peace by three or more people assembled with a common purpose to do an unlawful act

stalking

A crime involving activities such as spying on the victim, following the victim, or attempting to communicate with the victim through the telephone or mail.

self-defense

The elements to evaluate whether an act of force for _ _ is justified include the unlawfulness of the other’s action, the necessity to defend oneself immediately, and the reasonableness of the act of self-defense under the circumstances

defense of another

the elements to evaluate whether an act of force for ___ is justified include the unlawfulness of the action toward the other, the necessity to defend the other immediately, and the reasonableness of the act of defense under the circumstances.

Good Samaritan laws

Laws that encourage people to come to the aid of another or to defend another against unlawful force or interference.

deadly force

Force that is likely to cause or is capable of causing death or serious bodily injury.

“stand your ground” laws

Recent laws passed in many states that permit using deadly force in response to an unlawful attack in contrast to the traditional “duty to retreat” policy

“castle” doctrine

The doctrine permitting people who have been assaulted in their homes by a trespasser to stand their ground and use such force as is necessary and reasonable to defend themselves

“make my day” rules

Rules adopted by some states that put no limits on the use of deadly force by the occupant of a dwelling in response to a trespasser

battered woman defense

Evidence of past abuse offered by women charged with violence against their abusers to show its psychological effects as part of their claim of self-defense

unreasonable seizure

A seizure made by a government officer that is unreasonable under the circumstances and thus violates the Fourth Amendment

in loco parentis (Latin; '“in place of the parents”)

Any person taking the place of the parents has the duties and responsibilities of the parents and may reasonably discipline a child in his or her care. This category includes legal guardians, foster parents, and public schoolteachers.

preliminary, anticipator, inchoate crimes

Criminal acts that lead to or are attempts to commit other crimes

solicitation or incitement crimes

Attempting to get another to commit a crime

conspiracy

An agreement between two or more persons to engage in unlawful acts

Wharton rule

The requirement that crimes needing more than one person for commission, such as bigamy, require three or more people for a conspiracy conviction

attempt crimes

Acts that are a substantial step toward the commission of a crime that is not yet completed

parties to the principal crime

Under common law, persons who either committed the crime, or aided or abetted the commission of the crime or the persons who committed the crime

accomplice

One who aids another in the commission of a crime. An accomplice is generally treated the same as a principal

aider and abettor

One who provides help to the person who commits a crime, either before or after the crime is committed

conspirator

A person who is a party to an agreement to commit an unlawful act

common design or plan

Scope of liability of persons who are party to a conspiracy or other agreement to do an unlawful act

“What one did, they all did”

The rule that all parties to a conspiracy or other agreement to perform an unlawful act are liable for every action taken by any party in furtherance of the conspiracy or agreement

Pinkerton rule

The rule followed in federal courts that one conspirator is liable for crimes committed by another conspirator, if foreseeable and done in furtherance of the conspiracy

post-crime offenses

Actions taken after a crime has been committed, with knowledge that the crime was committed, which provide aid to the person who committed the crime

reasonable doubt

Proof beyond a _ means that it is not enough to prove it was more likely than not an element of the crime was true. The proof must be such that a reasonable person could not conclude the element was not true.

actus reus

The criminal act.

mens rea

The criminal intent or state of mind.

Model Penal Code (MPC)

Proposed criminal law developed by the American Law Institute, a group of lawyers, judges, and teachers. Many states have modeled their criminal codes on this

concurrence

The requirement in crimes requiring proof of mental intent that the forbidden act and guilty mind must occur at the same time or otherwise be linked. For example, trustees, guardians, or lawyers might have possession of another person’s money (physical act), However, for the crime of embezzlement to occur they must intentionally and wrongfully misappropriate this money (forbidden act and guilty mind).

specific intent

The intent necessary for one or more elements of an offense. Murder, for example, requires the specific intent that the act be done intentionally or purposely.

scienter

A form of specific intent requiring a showing that the actor knew of the existence of certain facts. For example, one cannot be guilty of possession of stolen property if one does not know property is stolen.

intent

The mental purpose or design to commit a specific act (or omission).

motive

The cause, inducement, or reason why an act is committed.

strict liability crime

Crime that does not require proof of the mental element essential to true crimes.

proximate cause

The ordinary and probable cause of a result.

presumption

A rule of law that the trier of fact shall assume the existence of a state of facts without evidence being produced. __ are either rebuttable or irrebuttable.

inference

A conclusion or deduction that a jury or judge may draw from a fact or a group of facts presented to them.