Fong crim law chap 1

What type of offense is a criminal or civil crime?

crime is a public offense, a civil offense is called a Tort or a civil or private wrong

for criminal liability, the right of enforcement is with who?

the state

for civil liability, the right of enforcement is with who?

individuals bring action against each other

in criminal liability, who appeals if the accused is acquitted

no one, the government does not appeal

who appeals in a civil case if the accused is acquitted?

both parties may appeal

What is the penality for criminal cases, civil cases?

criminal case penality would be a fine, imprisonment and/or death. Civil cases penalty could be monetary awards

what are the five types of monetary awards in civil liability penalties?

1. Compensatory / actual

2. special

3. general (pain and suffering)

4. nominal

5. punitive / exemplary

what happens to fines in criminal cases?

the fines go to the government

what happens to fines in civil cases?

they go to the individuals who are awarded the monetary

in criminal cases, what must be proven?

intent

in civil cases, what must be proven?

who the blame must be affixed to

what is the standard of guilt in criminal cases?

beyond a reasonable doubt

what is the standard of guilt in civil cases?

preponderance of the evidence

what are punitive damages in civil cases?

meant to punish the respondent for their behavior, NOT the actual financial losses of the plaintiff.

for punitive damages, the plaintiff must prove the egregiousness of the respondent’s behavior with what type of evidence?

clear and convincing evidence

which Us supreme court cases reiterated that disproportionately large punitive damage awards violate the due process clause in the 5th and 14th amendments?

State Farm Mutual Automobile Ins. Co. v. Campbell, 538 U.S. 408 (2003).

which supreme court case originally held that large punitive damage awards violate the due process clause of the 14th amendment?

BMW of North America, Inc. v. Gore (1996)

Based on State Farm v. Campbell, what three criteria were used to evaluate punitive damages?

1. The egregiousness of the defendant’s conduct

2. The difference between the actual or potential harm suffered by the plaintiff and the punitive damage award

3. the difference between the punitive damages and applicable civil penalties applied in similar cases

What are the five factors to evaluate the egregiousness of the defendant’s behavior in State farm v. Campbell?

1. was the harm physical or economic

2. did the behavior indicate indifference or reckless disregard for human

3. was the plaintiff financially vulnerable

4. is the behavior part of a pattern or an isolated incident

5. was the harm caused by intentional ill will or was in an accident

what was the outcome of the state farm supreme court case decision?

the court overturned the punitive damage award of 145 million (compared to 1 million compensatory damages) and established general limits on punitive damages awards.

how many times larger can a punitive award be compared to the compensatory damages unless the defendant’s behavior was exceptionally reckless?

four times

which level of proof requires 100% certainty?

absolute certainty

What is the highest burden of proof?

beyond a reasonable doubt (95%)

which level of legal certainty is right below beyond a reasonable doubt?

Clear and convincing evidence (80%),

which cases involve the requirement of clear and convincing evidence?

denial of bail in capital cases, insanity defense in federal courts, judgement in a tort case, removing restraining orders, parental rights; permanent

which level of proof is directly below clear and convincing evidence?

preponderance of the evidence (one side must show evidence that demonstrates a greater than 50% chance that it is likely to be true than not true)

which types of cases involve preponderance of the evidence?

winning a civil case, restraining orders, domestic

what level is below preponderance of the evidence?

probable cause (needed for issuance of warrants for search, indictments, filing of information, citizen arrests, revocation of probation and parole) (50%+)

what is below probable cause?

Reasonable suspicion (20%), needed for stop and frisk by police,

what is below a reasonable suspicion?

reasonable doubt (5%), needed to acquit an accused

which two standards of proof are not sufficient in any legal proceeding?

hunch, and no information

what type of evidence is required for the beyond a reasonable doubt standard?

moral evidence (evidence not based on intuition or demonstrations. It consists of those convictions of the mind, which are produced by the use of the sense, the testimony of men, and analogy or induction – i.e. a method of logical thinking that combines observations with experiential information to reach a conclusion.)

define moral certainty

 certainty that convinces members of the jury’s understanding and satisfies their reason and judgment as jurors who are sworn to act conscientiously on the evidence

In re Winship, 397 U.S. 358 (1970) did what?

constitutionalized the requirement of “beyond a reasonable doubt” in all juvenile and adult cases. Conviction based on “moral certainty

• Victor v. Nebraska & Sandoval v. California, 511 U.S. 1 (1994) did what?

removed the “moral certainty” standard and replaced it with “firmly convinced” standard.

What did Colorado v. New Mexico (1984) establish?

clear and convincing evidence means “the evidence is highly and substantially more likely to be true than untrue”

what did ILLINOIS v. GATES (1983) establish?

probable cause means “fair probability”  based on “totality of circumstances” - facts gathered by the office based on his/her background, training, & experience.

define totality of the circumstances?

legal method where a court evaluates all available facts and context of a case together rather than relying on a single factor or rigid, isolated rules

what did United States v. Gourde (9th Cir. 2006) establish?

 The requisite “fair probability” is something more than bare suspicion but need not reach the 50% mark.” 

what type of proceedings require beyond a reasonable doubt (95%)

to convict an accused, to prove every element of a criminal act

what type of proceedings require clear and convincing evidence?

1. denial of bail in capital cases

2. insanity defense in federal courts

3. judgement in a tort case

4. removing restraining orders

5. parental rights

6. permanent restraining orders

what type of proceedings require preponderance of the evidence?

1. winning a civil case

2. affirmative criminal defense

3. temporary domestic restraining orders

what type of proceedings require probable cause?

1. issuance of warrants for search and seizure and arrest

2. grand jury indictment

3. filing of information

4. revocation of probation and parole

5. making citizen’s arrests

what type of proceeding requires reasonable suspicion (20%)

stop and frisk by police

what type of proceeding requires a reasonable doubt (5%)

to acquit an accused

what are compensatory / actual damages?

covers real measurable financial losses like medical bills, lost wages, and property repairs, its goal is to aid the injured person in getting back to the position they were in before their accident

what are special damages?

a subcategory of compensatory damages, cover specific easily calculable out-of-pocket expenses (hospital bills, ambulance fees, physical therapy costs, and specific lost income)

what are general damages (pain and suffering)

a subcategory of compensatory damages, covers non-financial subjective harm that does not come with a direct receipt or bill (physical pain, emotional distress, mental anguish, loss of companionship, and reduced quality of life)

what are nominal damages?

to recognize that a legal wrong or technical violation occurred, even though no real financial harm happened, usually in a very small amount such as 1 dollar. used when a plaintiff proves a point or wins a principle without suffering actual damage

what are punitive / exemplary damages?

purpose is to punish the wrongdoer for extreme misconduct and to stop others from doing the same thing, awarded ONLY when the defendant acted with malice, fraud, or extreme recklessness - not for simple mistakes or negligence, goal is punishment and deterrence, NOT paying back victim