Criminal Law Exam 1 Purdue

Chapters 1-7

Charged

Formally accused

Convicted

End of process; found/pled guilty

Crimes

Conviction is condemnation by whole community, prosecution brought by state v individuals. must be proved beyond reasonable doubt

Torts

Private parties bring tort actions against other parties, ‘guilty’ pay money to plaintiff. Burden on plaintiff to prove responsibility by preponderance of evidence

Mala in se

inherently wrong or evil, i.e. rpe,murder

Mala Prohibita

criminal because of statutes or ordinance

Felonies

Crimes punishable by death or confinement of a year or more and fine

Misdemeanors

crimes punishable by a fine and or confinement in a local jail

MPC

Model Penal Code; help reform law definitions; consistent across state lines

Principle of Legality

No crime without law; no punishment

ban on ex post facto laws

Article I of const.

Constitutional Democracy

majority cannot make a crime out of what the constitution protects

Ex Post Facto Law (banned)

criminalizes an act that wasn’t a crime when committed or

increases the punishment for a crime after the crime was committed or

takes away a defense that was available to a defendant when the crime was committed

ban protects individuals from arbitrary and vindictive laws

Void for Vagueness Doctrine

law forbids confuct and prescribes punishments in terms so uncertain that ordinary  people have to guess at their meaning before they choose a course of action

Violate 5th + 4th ammendments

Rule on lenity

1. Requires courts to resolve every ambiguity in a criminal statute in favor of the defendant 

2. Narrow lenity rule 

   1. Requirement of courts to interpret the ambiguous statutes in favor of defendants only in the core felony cases and other crimes requiring fault