Criminal Law EXAM 1 Chap 1-6

Common law

law created and developed by judicial opinion; Harm prevented was to the king

Statutory law

law created and developed by legislatures; Harm to society is prevented

Civil Law

legislate harm between individuals; remedy is usually monetary and based on injury and loss 

Criminal Law 

legislate harms to society; remedy is some sort of punishment 

What are the four functions of law enforcement?

prevention (patrolling), investigation (evidence first), detection (special groups), and court preparation (write reports/testify)

What is the standard proof in a criminal case?

Beyond a reasonable doubt 

What does beyond reasonable doubt mean?

To find someone guilty, all evidence must be reasonable beyond doubt

Burden of proof

duty to prove a disputed charge

What is the structure of the court system in NJ?

Municipal (speeding ticket), Superior (divorce), Appellate (appeal), NJ Supreme (2nd appeal) 

The model penal code defines the standard proof for an arrest is…

probable cause

Probable Cause

evidence that there is a “fair probability” the suspect committed the crime

What is the purpose of bail?

incentive to insure the presence of the Defendant at future proceedings. If one fails to appear, their bail can be forfeited to the state

Bill of Rights

the first ten amendments to the constitution which define the powers of the government and the rights of the people 

4th amendment

unreasonable search and seizures

5th amendment

protects against double jeopardy and self-incrimination

2nd amendment

protects the right to keep and bear arms

1st amendment

protects free speech, religion, and assembly

exceptions to the 1st amendment

speech which presents a “clear and present danger” and “fighting words”

8th amendment

prevents “cruel and unusual” punishments

14th amendment

makes BOR applicable to the states and mandates that laws provide due process and equal protection 

due process 

ensures basic procedural safeguards in place before the government deprives a person of life, liberty, or property 

equal protection

all people should be treated equally with respect to the practice dealt with by the law

crime

an act or omission forbidden by law as a violation of the public interest

Civil wrongs (torts)

involve harm to an individual; remedy is to sue to recover for damages (preponderance of evidence) 

Can an act violate both civil and criminal law?

True

Felony

serious crimes punishable by imprisonment of greater than a year

example of a felony

homicide, robbery, burglary

Misdemeanors

less serious crimes punishable by less than a year

example of misdemeanor

harassment, simple assault, minor theft 

Basic elements of criminal culpability

actus reus, mens rea, unity of actus reus and mens rea, causation, a resulting social/societal harm

Actus reus

a willful and unlawful physical action

Mens rea

a guilty mind or intent

Strict liability

being responsible of a crime even without any requisite mental state or intent to commit the crime 

What are the four mental states if every crime?

purposefully, knowingly, recklessly, and negligently 

purposefully 

voluntary wish to act a certain way to produce a certain result 

knowingly

practically certain conduct will cause result

Recklessly

voluntarily ignores a substantial risk

negligently

should be aware that the substantial risk exists and will result

“But for” test

If it weren’t for the act, would the harm have been done?

proximate cause 

no intervening factor occurred after the defendant’s act which removes the culpability from the defendant

What are the intervening factors of causation?

foreseeable and independent causes

foreseeable cause

events that occur which can be seen as a possible result of the defendant’s action; still liable 

independent cause

event that occurs after original act that removes the liability of original act

Unity/Concurrence of Elements

state must prove that the voluntary act, mental stae, and causation all occurred BRD

accomplice

someone who knowingly and willingly associates and assists with another in the commission of a criminal offense (takes same accountability)

Actus reus of an accomplice

any physical or psychological purpose to contribute to crime

Mens rea of an accomplice

shows a purpose or specific intent that their act was to facilitate the crimes commission

How does an accomplice liability attach?

aid or assist primary actor, possess the purpose to support crime, and intend the primary party to commit crime 

Entrapment 

a defense used by a person saying they were tricked by someone into committing a crime 

Entrapment defense

Did the police encourage a predisposed person or lured an innocent mind to commit?

Inchoate crime

detected and punished before the ultimate or intended crime is committed

attempts

intent to commit an act that if carried out would result in complete substantive crime (failure to commit counts) 

actus reus of attempt

act must take some sory of action to further their plan

Substantial Step Test

Did you take a substantial step towards committing a crime?

Conspiracy

agreement between two or more people to commit an unlawful act

mens rea of conspiracy

parties must have intent to enter into agreement and that the object of the agreement be reached

actus reus of conspiracy 

agreement to advance the intent

Overt Act Test

Did the parties take some sort of open/actual act which shows the conspiracy is alive and well?

Defense of crime

a set of identifiable conditions or circumstances which may prevent a conviction for an offense 

a true or affirmative defense

looking at the person and the circumstance

justification defense

renders lawful conduct that would otherwise be criminal (defense of self, others, property, and crime prevention/ law enforcement 

Self-defense

justified use of reasonable force by one who is not the aggressor when they believe it was necessary and perceived to be an unlawful imminent attack

deadly force

justified if reasonable belief such force is necessary to protect from deadly force (aggressor can become victim)

Excuse defenses

defendant violated the criminal law but there is some reason not to hold them personally liable (insanity, age and intoxication)

insanity 

person is suffering from some sort of mental defect which makes them not culpable 

The M’Naughten Test

All people are sane, however, was the defendant suffering a mental defect that they did not know the nature and quality of the act they are doing and if they did know, they did not know what they were doing was wrong

age excuse 

party is too young to be held responsible (dependent on state)

intoxication excuse

voluntary intoxication is not an excuse, however can be if defendant was for to consume or had unanticipated reaction