Criminal Law Exam 1

criminal liability

conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests

tort

criminal law

mala in se

offenses that require some level of criminal intent

mala prohibita

are crimes only because a specific statue or ordinance prohibits them

complicity

crimes that make one person liable for someone else's conduct

common law

judge made law, the original source of law, in which judge's court opinions formed the law

common law crimes

crimes created before legislature existed

codified

written definitions of crimes and punishment enacted by legislatures and published

Model Penal Code

proposed criminal code drafted by the American Law Institute and used to reform criminal codes

MPC analysis of criminal liabliltiy

analysis of statues to determine what behavior deserves criminal punishment

criminal punishment (4)

1.inflict pain or other unpleasant consequences

2.prescribe a punishment in the same law that defines the crime

3.administered intentionally

4.administered by the state

retribution

inflicting an offenders physical and psychological pain so that they can pay for their crimes

prevention

punishment is only a means to prevent future crime

(Prevention) general deterrence

by threat of punishment aims to prevent the public from committing the crime

(Prevention) special deterrence

punishing already convicted felons from committing crimes in the future

(Prevention) Incapacition

prevents criminals from committing future crimes by locking them up

(Prevention) Rehabilitation

prevent future crime by changing individual offenders so they wont want to commit future crimes

culpability

only someone who intends to hurt their victim deserves punishment, accidents don't qualify

justice

only those who deserve punishment can justly receive it

lenity

any ambiguity of the law in favor of the defendant

principle of legality

no crime without law;no punishment without law

ex post facto law

-criminalizes that wasn't a crime when the act was committed

-increases a punishment for crime after the crime was committed

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

void for vagueness

principle that statutes violate due process if they don't define a crime and it's clearly enough for ordinary people to know what is lawful

equal protection of the law

criminal laws can treat people or groups or conduct differently only if treatment is reasonable

expressive conduct

actions that communicate ideas and feelings

fundamental right to privacy

right that requires the government to prove that a compelling interest justifies invading it

can't treat people differently based on

race, ethnicity, religion

cruel and unusual punishments

punishments that are disproportionate to the crime committed

1800-1970 Rehab

Medical Model- punishment fits criminal, indeterminate

1970-1985 Retribution

Just Desserts- mandatory minimum, determinate

1985-> Incapacitation and Detterence

Crime Control- 3 strikes, guidelines

actus reus (criminal acts)

all crimes have to include a voluntary criminal act, physical contraction

mens rea

the mental element in crime

strict liability

only need to demonstrate a voluntary act, dont need to show mens rea

concurrence

the principle of criminal liability that requires that a criminal intent has to trigger the criminal act

attendant circumstances

circumstance connected to an act, an intent, and/or a bad result

criminal omission

the failure to act when there's a legal duty to act

failure to report

not reporting something the law requires you to report

failure to intervene

not actively preventing or interrupting injuries, death etc.

legal duty

a duty created by -statute

-contract

-special relationship

good samaritan doctrine

legal duty to help or call for help for persons

actual possession

items physically controlled on the person

constructive possession

items in my car or apartment

knowing person

items aware that they are on their person or in places they control

cause in fact

defendants act triggered a chain of events that ended as the harmful result, ex. death

legal cause

judgment that it's fair and just to blame the defendant for the bad result

motive

causes a person to react

general intent

intent to commit the criminal act as defined in the statute

specific intent

subjective fault;it refers to criminal intent in addition to the criminal act

T.A.R.P.

Typical Average Reasonable Person

MPC's Levels of Culpability

Purposely

Knowingly

Recklessly

Negligently

Purposely (MPC)

mental attitude of consciously conducting a criminal act

Knowingly (MPC)

persons is aware of the conduct and practically certain actions would result in harm

Recklessly (MPC)

subjectively aware of causing risks but ignored them

Negligently (MPC)

not aware of risk of actions by not exercising standard care of average reasonable person

causation

holding an actor criminal responsible for there conduct

superseding cause

an intervening act or force that the law considers sufficient to override the conduct