Criminal Law Study Guide

Flashcards on Criminal Law

Criminal law __

Defines prohibited conduct and prescribes punishments.

Purposes of criminal law include __

Retribution, deterrence, rehabilitation, and incapacitation.

Actus reus __

It requires a voluntary act or a legally significant omission.

Voluntary acts include __

Bodily movements controlled by the actor’s will.

An omission can substitute for an act, such as __

Failing to feed a dependent or neglecting a statutory duty.

Under the MPC, mental states are ranked __

Purposefully, knowingly, recklessly, and negligently.

Strict liability crimes __

Requires no mens rea.

Concurrence means __

The actus reus and mens rea must coincide.

Homicide includes __

All unlawful killings.

At common law, __

Murder involves malice aforethought.

Voluntary manslaughter includes __

Killings committed in the heat of passion upon adequate provocation.

Involuntary manslaughter involves __

Criminal negligence.

Inchoate offenses include __

Attempt, solicitation, and conspiracy.

Attempt requires __

Intent to commit a crime and a substantial step toward its commission.

Conspiracy requires an __

Agreement between two or more parties and sometimes an overt act.

Accomplice liability attaches to one who __

Assists or encourages a crime with the intent to aid.

Justification means __

Making the act lawful.

Excuse means __

Negating culpability.

Self-defense requires __

Reasonable belief in imminent harm.

Necessity involves __

Choosing the lesser evil.

Duress involves __

Threat of death or serious harm.

Insanity involves __

Various tests.

Typical strict liability crimes include __

Traffic violations or selling alcohol to minors.

Strict liability crimes are usually __

Regulatory or public welfare offenses.

Theories of punishment include __

Retributive, utilitarian.

Policy choices __

Impact on prosecutorial discretion, plea bargaining, and legislative drafting.

Tests whether the defendant understood the nature or wrongfulness of their actions

The M’Naghten Rule.

Examines the ability to control conduct

The Irresistible Impulse Test.

The MPC test asks __

Whether the defendant lacked substantial capacity to appreciate criminality or conform conduct.

Voluntary intoxication __

May serve as a defense to specific intent crimes by negating the mental state.

Involuntary intoxication __

May be treated similarly to insanity.

Diminished capacity may be recognized __

As a partial defense or to negate mens rea.

Consent must be __

Voluntarily given, informed, and by someone legally competent.

Understand burdens of proof: __

The prosecution must prove each element beyond a reasonable doubt.

In self-defense __

The duty to retreat applies in some jurisdictions, but not under the 'stand your ground' doctrine.

In necessity __

There must be no legal alternative.

Provocation can reduce murder to voluntary manslaughter if __

The defendant acted in the heat of passion after being reasonably provoked.

Felony murder applies when a death occurs during the commission or attempted commission of a felony; __

The felony must be inherently dangerous and independent of the homicide.

Burden of Proof__

Defendants may have the burden of producing evidence for affirmative defenses, but the prosecution often retains the burden of persuasion.