LA 107 CHAPTER 15 CRIMINAL LAW

What is a crime?

An act (or failure to act) that violates a law and harms society, punishable by the government.

What are the 3 main categories of crime

1. Felony – serious, 1+ year prison

2. Misdemeanor – less serious, < 1 year jail or fine

3. Infraction – minor, fined only

What is an accessory after the fact?

A person who helps someone avoid arrest or punishment after the crime is committed.

Who is a principal in the first degree under common law?

The person who directly commits the crime.

Who is a principal in the second degree?

A person who assists during the crime (e.g., getaway driver

What is an accessory before the fact?

Someone who helps plan the crime but is not present during the act.

How does the Model Penal Code classify parties to a crime?

As principals (actors) and accomplices; all can be charged the same.

What are the four elements of a crime

1. Actus Reus – criminal act

2. Mens Rea – guilty mind

3. Concurrence – act and intent together

4. Causation – act caused the harm

What is the difference between actus reus and mens rea?

• Actus reus is the physical act.

• Mens rea is the mental intent.

What are the Model Penal Code levels of intent?

• Purposely

• Knowingly

• Recklessly

• Negligently

What are inchoate offenses?

Incomplete crimes:

• Attempt

• Solicitation

• Conspiracy

What makes a crime a felony?

It is serious and punishable by 1+ year in prison or death.

Give two examples of miscellaneous offenses.

Drug possession and public intoxicatio

What is cybercrime?

A crime involving computers or the internet, like identity theft or hacking.

What are common types of punishment?

• Jail/prison

• Probation

• Fines

• Community service

• Restitution

What is the purpose of punishment?

To deter crime, protect society, rehabilitate, and provide justice.

What is white-collar crime?

Non-violent, financial crimes done in business settings, like fraud or embezzlement.

What is the difference between theft and robbery?

• Theft – Taking without force.

• Robbery – Taking with force or threat.

Name two common defenses to criminal charges.

• Alibi

• Self-defense

What is the insanity defense?

A legal claim that the defendant was mentally incapable of understanding their actions.

What is the M’Naghten Rule?

test for insanity where the person didn’t understand right from wrong.

What does the Irresistible Impulse Test check?

If the person couldn’t control their behavior due to mental illness.

What does the Model Penal Code test for insanity focus on?

If the person lacked the ability to understand or obey the law at the time of the crime.

What is the purpose of the exclusionary rule in relation to the Fourth Amendment?

To deter or prevent law-enforcement personnel from obtaining evidence by means that violate Fourth Amendment rights

What landmark case led to the adoption of the Miranda rights statement?

Miranda v. Arizona According to Wolf v. Colorado, can evidence obtained by unreasonable search and seizure under state law be used in prosecution?

 According to Wolf v. Colorado, can evidence obtained by unreasonable search and seizure under state law be used in prosecution?

Yes.

What is an arrest warrant?

A court order that authorizes law enforcement to arrest and detain a specific individual.

What is the Constitution?

The supreme law of the United States that establishes the government and guarantees fundamental rights.

What is double jeopardy?

A legal principle that protects individuals from being tried more than once for the same offense.

What is due process?

The legal principle that ensures fair treatment and protects individual rights in legal proceedings.

What is the exclusionary rule?

A principle that prohibits the use of evidence obtained in violation of constitutional rights.

What are human rights?

 Basic rights and freedoms to which all individuals are entitled.

What is interrogation?

The act of questioning a prisoner by the police.

What case established the rights of individuals in police custody?

Miranda v. Arizona

What are Miranda rights?

Rights that must be read to individuals taken into custody before interrogation.

What case reversed Wolf v. Colorado and incorporated the exclusionary rule into the Fourteenth Amendment?

Mapp v. Ohio

What are the three types of pleas a defendant can make during arraignment?

Guilty, not guilty, and nolo contendere

In which stage is the right to counsel not applicable before arrest?

 Lineup or other form of identification procedure

What happens if a defendant violates bail terms?

They may be taken back into custody and required to make full payment.

What is an appeal?

A legal process in which a higher court reviews a lower court’s decision for legal errors

What are the Bill of Rights?

The first ten amendments to the U.S. Constitution.

Who were the Framers?

The individuals who helped draft and create the U.S. Constitution.

What is a plea bargain?

A negotiation where the defendant agrees to plead guilty in exchange for reduced charges or sentence

What is bail?

An amount paid to assure the suspect will not flee or commit additional crimes before trial.