Criminal Courts Quiz 1

Criminal Courts 4200 Quiz 1 over Chapters 1-3

Why study courts? (2 reasons)

1. Crime is news

2. Court decisions affect lives

Gideon vs. Wainright (1963)

Supreme Court’s 1963 decision that all persons charged with felonies in state courts have the right to an attorney

What are 3 functions of the court?

1. settle disputes by providing a forum for obtaining justice

2. make public policy decisions using litigation as a tool for social change

3. courts serve to clarify the law by interpreting the statutes written by the legislature

What is law?

a written body of rules of conduct applicable to all members of a community

what/who creates law?

the legislature

What is the purpose of the legislature?

a means of maintaining order through courts

The court system has a complex set of what?

rules & procedures

How do judges “make” law? (2 ways)

1. apply law

2. interpret law

how do judges apply law?

law is inflexible & must be enforced

how do judges interpret law?

before enforcing, it must be interpreted

• the law is broad & extremely ambiguous

What is the precedent?

it's created by court decisions

• issuing, inferior, & lower courts follow

Supreme Court has final say

• it can overrule previous decisions

What is judicial review?

power to determine constitutionality of law

What did Marbury v. Madison (1803) est?

est. that it's the judiciary, not other branches, that have the authority & duty to interpret US Constitution & to apply it

it's the duty of judiciary to decide when other laws (congress or state legislature) violate the Constitution & if so, to declare them void

The role of courts in the c.j. system…

to process defendants who have been arrested & charges w/ criminal offenses

The most common court function:

there are more trial courts than appellate courts

What is the significance of appellate courts?

• to decide if procedure was followed

• oversee c.j. system in general

  • police, prosecutors, defense attorneys, & corrections officials

What are the 4 sources of Law & what do they do?

1. Judge

2. The Constitution

3. Legislation - includes states & ordinances

   • Supreme Court has the final say as to constitutionality of statutes

4. Administrative Legislation - by executive branch or independent agency, given authority by legislature

   • may have the authority of law

What are individual rights?

Protect citizens from one another & the gov't

Sources of individual rights:

The U.S. & state constitutions, federal, & state statutes

Original rights in the Constitution…

seek a writ of habeas corpus → challenges confinement

Prohibit bill of attainder… what is it?

punishment w/o trial

Prohibit ex post facto law… what is it?

making prior conduct criminal

Bill of Rights… what is it?

• first 10 amendments of Constitution

• protection from federal gov't

• applied to the stats govt's through the 14th Amendment

1st Amendment : key points

freedoms of

• religion → no establishment or interference w/ free exercise

• speech → includes "expressive conduct” & “symbolic speech”

• press

• assembly → gatherings in public places ex: protesting

2nd Amendment : key points

pro gun control

• amendement applies to forming militia not to private citizens

anti gun control

• protection against gov't regulating firearms

3rd Amendment : key points

prevented soldiers from staying in homes w/o permission

a product of the times

• Revolutionary war

• British troops invaded private homes

4th Amendment : key pts the “quotes” have defintion under them

forbids “unreasonable” searches & seizures

• stands directly between citizens & police

establishes requirement of “probable cause”

• fair likelihood a crime occurred

established the “particularity” requirement

• police can't look in a drawer that wasn't included on search warrant b/c a body can't fit in there, if they found something, it would get dismissed

5th Amendment (LONG): key pts (+ definition of double jeopardy)

right to indictment by a grand jury

Prohibition against double jeopardy

• means one person cannot be prosecuted or punished more than once for the same crime after conviction or acquittal

  • think of OJ Simpson case

• mistrial or hung jury?

• dual sovereignty?

• civil case?

privilege against self-incrimination ?

due process?

just compensation?

What is Mistrial or Hung Jury?

Mistrial → Either attorneys greatly messed up or some evidence was overseen before the jury saw it… etc. effects the fairness of a trial

Hung Jury → has to be 12 jurors for a criminal case & need to be ALL unanimous

What is Dual Sovereignty?

Wood County & Lucas County getting charged in two (both) counties

hint* case abt speeding car chase ^ person started in Wood County then got caught in Lucas county

What is privilege against self-incrimination?

• basis of Miranda warnings

• cannot be compelled to testify at trial & under the prosecutor cannot comment on the fact.

• The Jury isn't allowed to consider that fact for any purpose during deliberations either

What is due process?

the right to a fair process w/ procedural safegaurds

What is just compensation?

example from class:

if the gov't is going to take your land for some reason like making a roundabout, the gov't has to pay you for the land they are taking away

6th Amendment : key pts

• speedy trial

• public trial → proceedings are always open to public

• trial by impartial jury

• notice of charges against oneself

• confront witnesses

• right to assistance of counsel

  • includes:

    • right to appointed attorney (no cost_ if indigent)

    • right to have your attorney present at all critical stages of the case

    • right to effective assistance of counsel

7th Amendment : key pts

trial by jury in civil court

8th Amendment : key pts

prohibition against excessive bail

• minimum amt required to ensure the defendant's presence at court

• no right to bail itself

prohibition against cruel & unusual punishment

• ex: can't not feed the prisoner

9th Amendment : key pts

rights not limited to Bill of Rights

• some but not all individual rights to due citizens

• cause of debate in Supreme Court

  • has established right to privacy

10th Amendment : key pts

federal gov't lacks total authority

• can only exercise power on those issues expressly allowed

• otherwise, the individual states hold that power over citizens

14th Amendment : key pts

has been interpreted by SCOTUS as incorporating the various provisions of the bill of rights & making them applicable to the states

equal protection → the gov't cannot create classifications between ppl like: race, gender, those type of large issues

• prevents the gov't from making unequal or arbitrary distinctions between ppl

• ensures equal treatment regardless of race, religion, etc.

• not all classification of ppl violate the EP clause

  • can be done if a valid basis

  • age: under 21 for drinking

What is civil law?

address private wrongs

What is criminal law?

Addresses violation of society's rules

How many differences are there & what is the difference, if any, between criminal & civil law?

a. many differences

b. biggest differences in standard of proof

• proof beyond reasonable doubt (criminal)

• usually preponderance of the evidence, but sometimes clear & convincing evidence (civil)

Law of crimes is….

criminal law defined by statute

criminal law enforced by the “state” is …

violation is violation against state

criminal law protects the public by…

deters or punishes violators

definition of a crime

an act of violation of a

• criminal law for which a

• punishment is prescribed

• committed w/ the requisite mental state

• without defense or justification

Mala in se means

• crimes that are inherently harmful

• universally condemned

  • ex: murder, rape, theft

Mala prohibita means

• criminalized action not inherently harmful

• no consensus

  • exs: speeding, jaywalking, underage drinking

How many elements of criminal liability are there & what are they

5 total

1. Actus Reus (criminal act)

2. Mens Rea

3. Concurrence

4. Causation

5. Harm

What is Actus Reus (criminal act)

• cannot punish thoughts

• 3 forms:

  • voluntary action

  • an omission (when there is a duty to act)

    • exs: failure to pay taxes or parking meter

  • possession

    • ex: having a firearm when you have a disability & cannot operate it

What is mens rea?

• criminal intent

  • guilty mind → using the requisite mental state to commit the offense outlined in the criminal law

• as opposed to:

  • motive

  • cause or reason for act

What is the Model Penal Code levels of intent, also utilized by States? (4 total)

Purposeful → act done consciously w/ desire to cause result

Knowing → fairly certain the result will follow even if the result is not intended

Reckless → acts w/ an awareness of risk, but not that a harmful result will follow

Negligent → unconsciously creates a substantial risk of the result that a reasonable person would be aware of

What is Concurrence?

the union of actus reus & mens rea

What is Causation?

• act is the cause of the harm

• cause must be factual & legal

  • both must exist

• factual cause

  • “but for” action not harm

• legal or proximate cause

  • intervening event caused harm

  • not criminally liable

• usually the same for most crimes

What is Harm?

• act caused injury to another

• includes harm to actor

  • “victimless” crimes

    • exs: drugs, gambling, prositution

Liability w/o fault means…

strict liability

• no mens rea for offense

Inchoate crime means…

anticipated or incomplete crime

• attempt

• solicitation

• conspiracy

Defenses to criminal liability means…

affirmative defenses

• burden or proof on defense (production & persuasion)

• 3 types

  • 1. Alibi

  • 2. Justification Defenses

  • 3. Excuse Defenses

What is alibi?

wasn't me, I was somewhere else

What is Justification Defenses?

self defense

• many exceptions & they vary widely by state

• duty to retreat, (before using lethal force) if possible to do so safely

• castle doctrine

  • no duty to retreat in home

What is Excuse Defenses?

• admits to wrong, but some circumstances makes the defendant not criminally liable

• age

• insanity

  • generally → either too young or mentally ill to understand that acts were wrong

What are criminal acts & how many are there?

2 kinds:

1. crimes against the person

2. crimes against property

Name the 6 kinds of crimes against the person:

murder

manslaughter

felony murder

rape

assault (at common law)

robbery

what is murder as a crime?

• malice aforethought

  • intentional & planned

• varying degrees

  • purposeful, knowing, or reckless

What is manslaughter as a crime?

• voluntary

  • mistaken belief that lethal force is okay in self-defense

  • adequate provocation

    • exs: spouse walks in on partner cheating & murder follows

    • stressful circumstances led to violence

• involuntary

  • due to reckless behavior

what is felony murder as a crime?

• unintended death

• while committing dangerous felony

What is rape as a crime?

• defintions changed w/ time

• other common-sense protections - rape shield

What is assault (at common law) as crime?

• attempt or threat of harm

• battery

  • most states have merged the two into assault (Ohio has)

What is robbery as crime?

• taking property by force

• high risk of harm

What are the crimes against property? (there's 2)

burglary

larceny/theft

What is burglary as crime against property?

Entry + intent

What is larceny/theft as crime against property?

take + intent

What are crimes against public order?

injures peace & order of society

What are crimes against morality?

the moral health of society is injured

include consensual sexual acts

• ex: prostitution

What are the 5 types of Civil law?

1. Tort Law

2. Property Law

3. Contract Law

4. Family Law

5. Administrative Law