Intro to Criminal Law - Exam 1

What are the differences between a Tort and a Crime?

1. criminal prosecution by government

2. loss of liberty

3. DA reps victim

4. fines to state

5. if threats of punishment are not carried out, rules lose meaning

What are the similarities between crime and a tort?

1. Rules

2. apply to everyone

3. enforced by law

4. most crimes are torts, can be prosecuted and sued

____________ ____________ is the hardest and most expensive form of social control

Criminal Liability

What is a Hard Punishment?

a sentence of a year or more in prison

What is a Tort?

private wrongs for which you can sue the party who wronged you and recover money

What are the two ways to classify crimes?

1. Mala in se
2. Mala Prohibita

What are Mala in se crimes?

offenses that require some level of criminal intent (ex: murder/rape)

What are mala in prohibita crimes?

offenses that are crimes only because we say they are (ex: parking illegally/ jaywalking )

what conviction is more significant....mala in se or mala in prohibita?

Mala in se
These crimes are considered more serious because they violate fundamental moral principles and are generally recognized as evil by every culture. Examples include murder, rape, and robbery. Mala in se crimes often result in a complete strip of rights and other collateral consequences compared to mala in prohibita crimes.

What are the two forms of classifying crimes according to punishment?

1. Felonies
2. Misdemeanors

What are Felonies

crimes punishable by death or confinement in the state prison for one year to life w/o parole

What are Misdemeanors?

offenses punishable by fine and or confinement in the local jail up to a year in prison

What is Criminal Punishment ?

Criteria that need to meet the following:

1. They have to inflict pain or other unpleasant consequence

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

3. They have to be administered intentionally

4. The STATE has to administer them

What are the 2 theories of punishment?

1. Retribution
2. Prevention

What is Retribution ?

insists that offenders can only pay for crimes by experiencing physical and mental pain to pay for the crime. Looks back to past crimes and punishes individuals because it benefits the criminal and society.

In its prime from 1970 to 1980.

Retribution requires _____________ and __________________

Culpability and Justice- only someone who intends to harm their victim deserves punishment, accidents don't qualify, and... Justice depends on culpability, only those who deserve punishment ought to receive it.

Retribution only works if criminals choose between __________ and ___________.

right and wrong

What are the issues with Retribution?

1. Difficult to translate abstrict justice into penalties (how many years in prison is robbery worth?)

2. Retaliation it not part of human nature.

3. Toms of crimes don't require culpability to qualify for criminal punishment (Ex: statutory rape)

What are Preventionists?

punishment if only a means to a greater good, usually the prevention or at least the reduction of future crime

What are the 3 functions of prevention?

1. Deterrence
2. Incapacitation
3. Rehabilitation

What is deterrence in relation to prevention ?

Aims by specific deterrence (actual punishment to a certain person)

and

general deterrence ( the threat of punishment to the general population - public)


In it's prime from 1980 to Now

What is Incapacitation in relation to prevention?

Prevention convicted criminals from committing future crimes by locking them up or more rarely, altering them surgically or through death.

In it's prime from 1980 to Now

What are the flaws of deterrence in relation to prevention?

1. the "free will" individual surpasses 18th-century expectations.

2. individuals are hard to predict to use this formula

3. punishes for example sake

What are the flaws of incapacitation concerning prevention?

Shifts criminality from outside prisons to inside prisons

What is rehabilitation in relation to prevention?

aims to prevent future crime by changing individual offenders so that they want to follow the rules and support themselves w/o crime

From 1900 to 1970

What are the flaws of rehabilitation in relation to prevention?

1. based on false or unproven assumptions

2. makes no sense to brand everyone who violates law as sick

3. inhumane by the cure justified administering large doses of pain

4. concept of curing goes against ones will

What are the two sources of criminal law?

Common Law and Written Law

Name the main concepts of "Common Law"...

- community customs and traditions
- unwritten
- evolved through early court choices
- brought from England
- codified
- retrains original names for crime
- there are 52 criminal codes (1 for each state) and then Columbia and federal

What is most prevalent source of criminal law found in?

State Criminal Codes

T/F - State codes very from state to state

True!

State criminal codes are created by...?

State criminal codes are created by elected representatives in state legislations.

What are municipal codes ?

codes created by city ad town councils elected by city residents

What is the Model Penal Code (MPC)?

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

T/F - Manicupal ordinance often overlap state criminal code provisions

True, however, state crime codes trump municipal

ex: Chicago power is limited by Illinois legislature in the creation of law

What is the U.S Criminal Code?

cover and conducts more than most state and municipal codes

What are administrative crimes?

violations of federal and state agency rules that make up a controversial but rapidly growing source of crim law

There are too many minor crimes for police to arrest all suspects....so they use _____________

Discretion: using judgment to apply the law

Majority of crime is handled by....?

The states!

Explain the correlation between mass incarceration in the U.S

1. era of mass incarceration took place during 1960's due to steep violence and crime and policy choices by the government

What are the social consequences of Mass incarceration?

1. damage to family structure and neighborhood stability
2. hostility and distrust between residents and police
3. little faith in CJ system

What is Constitutional Democracy?

the majority can't make a crime out of conduct protected by the fundamental rights in the U.S. constitution (limits governments power to create crimes

What is the Principle of Legality?

no one can be convicted of a crime and given punishment BEFORE the person engaged in the behavior now defined as a crime

What is the 1st principle of criminal law

principle of legality

What are the 4 underlying values in the principle of legality?

1. The Ban on Ex Post Facto Laws

2. The void for vagueness doctrine

3. The rule of Lenity

4. Proving criminal conduct

What is the underlying idea of the Ban of Ex Post Facto laws? (think of the principle of legality)

Ex post facto laws are retroactive criminal law-making through:

1. Criminalizing an act that wasn't a crime

2. increasing punishment for a crime after crime was committed

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

What is the underlying idea of the Void-for- Vagueness- Doctrine? (think of the principle of legality)

Void-for- Vagueness- Doctrine forbids conduct and prescribes punishment so uncertain that ordinary people have to guess the meaning.

What are the 3 reasonings behind void-for-vaguness?

1. the 5th and 14th amendment to the U.S constitution ban both federal and state governments from taking a person's life, liberty, or property w/o due process

2. criminal punishments deprive people's lives

3. failure to inform people of legal prohibitions or allow official to define these

What is due process?

Constitutional protection against unfair governmental actions and laws

How do vague laws violate due process?

ague laws violate due process because they fail to provide individuals with clear notice of what behavior is prohibited, making it difficult or impossible for people to understand and conform their conduct to the law. This violates both the Fifth and Fourteenth Amendments to the U.S. Constitution, which guarantee due process rights, ensuring that laws are applied fairly and that individuals are given proper notice before being deprived of life, liberty, or property.

Here are a few key reasons why vague laws are problematic under due process:
Lack of Fair Notice: Due process requires that laws be clear enough for an ordinary person to understand what conduct is illegal. When a law is vague, people cannot reasonably foresee whether their actions will result in legal consequences.
Arbitrary Enforcement: Vague laws give too much discretion to law enforcement, prosecutors, and judges, which can lead to inconsistent or arbitrary application of the law. This opens the door to discriminatory or selective enforcement, which violates the principle of equal treatment under the law.

The constitutional ban assures:

fair warning and prevents arbitrary law enforcement

What is the underlying idea of the Rule of Lenity? (think of the principle of legality)

Rule of Lenity is the requirement of courts to resolve every ambiguity in a criminal statute in favor of the defendant

What is the underlying idea of the Proving Guilt in Criminal Cases? (think of the principle of legality)

In every criminal case, the law requires:

1. Every criminal defendant enjoys the presumption of innocence
2. The prosecution has the burden of proof when it comes to the criminal act and intent. Defendants have no legal responsibility to cooperate with the government

What is the burden of proof?

beyond a reasonable doubt

What is proof beyond a reasonable doubt?

Level of proof required to obtain a conviction in a criminal trial

What are affirmative defenses?

defendants may need to provide evidence in support of the defense

What is the Burden of Production?

-Prosecutor has to produce evidence against defendant
•Defendant has burden of production for affirmative defenses

What is the Burden of persuasion?

-Defendants may have to persuade jury of defense by a "preponderance of evidence" (i.e., >50% likely)

What are the constitutional limits on the power of the government to create crimes?

1. Ban ex post facto (in body of constitution)

2. Due process- 5th, 14th amendments (vague laws)

3. Free speech- 1st amendment (overbreadth, chilling effect)

4. Right to privacy (implied)

5. Right to bear arms- 2nd amendment

6. Ban on cruel and unusual punishment-8th amendment

What are the Bill of Rights?

First 10 amendments to the Constitution

Explain the 1st Amendment

1. protection for freedom of speech.

2. applies to all states as its a fundamental right

3. Expressive conduct (wearing black arm ban and burning the flag) is allowed

What are the 5 categories not protected under the 1st amendement?

1. obscenity
2. profanity
3. libel
4. slander
5. fighting words or present danger

What is Void for Overbreadth?

protects speech guaranteed by the 5th Amendment by invalidating laws written so broadly that the fear of prosecution creased a chilling effect that discourages people from exerting their freedom

What is the 2nd Amendment?

Right to bear arms

What did DC vs. Heller (2008) decide?

The core of the 2nd amendment is the right of law-abiding, responsible citizens to use arms in defense of home and hearth

What is Equal Protection?

no state shall deny to any person within its jurisdiction "the equal protection of the laws" - 14th amendment

What is strict scrutiny?

the highest standard of judicial review used by courts to evaluate laws or government actions that classify people based on certain protected characteristics, particularly in cases involving equal protection under the Fourteenth Amendment.

Is the right to privacy in the Constitution?

No, but it is implied

What is the constitutional right to privacy?

a right that bans "all government invasions of the sanction of a mans home and privacies of life"

What is the fundamental right to privacy?

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

What is cruel and unusual punishment?

barbaric punishments and punishments that are disproportionate to the crime

What are Barbaric Punishments?

punishments considered no longer acceptable to civilized society (ex: burning at the stake, crucifixion)

The majority of the U.S supreme court agreed that proportionality applies to ______ penalty cases

death...no on is sentenced to death for treason, kidnapping, hijacking, drug trafficking

The death penalty for the mentally disabled is ....?

NOT allowed

Must have 3 elements described by American Association on Intellectual And developmental disabilities

The death penalty for juveniles is....?

NOT allowed...however, revolving standards.

Is life w/o parole possible for juveniles?

The U.S. Supreme Court has ruled that sentencing juveniles to life without the possibility of parole (LWOP) is limited under the Constitution. While it is not completely prohibited, the Court has placed significant restrictions on the use of such sentences for juveniles, particularly in cases where mitigating factors are not considered.

The ban on cruel and unusual punishment also includes?

the ban on disproportional prison setences

What are the three strikes law?

intended to make sure that offenders who are convicted of a third felony get locked up for a long time

- 28 states passed the 3 strikes law but some argue it's deterrence

The Three - Strikes - Law can be both _____________ & ______________ deterrence and _________________

The three-strikes law can be general and specific deterrence as well as incapacitation.

What is Determinate Sentecning?

intended to remove sentencing discretions from trial court judges. Requiring certain sentences for certain types of offenders. Help comes from sentencing guidelines

What is Criminal Liability?

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

What is the first principle of criminal liability?

Actus Reus

Criminal liability requires _________, our personal thoughts are free

ACTION

What's the definition of elements of crime?

building blocks prosecution uses to prove beyond a reasonable doubt to convict

Name the 5 elements that must be proven beyond a reasonable doubt.

1. Criminal act (actus reus)
2. Criminal Intent (mens rea)
3. Concurrence
4. Attendant Circumstances
5. Bad Result (causing criminal harm)

All crimes must include a...

must include a voluntary act...aka actus reus

What is Actus Reus?

all crimes have to include a voluntary act, the physical element of a crime and first principle of criminal liability

What is Mens Rea?

criminal intent, the mental element of crime

A vast majority of crimes against order and morals is what criminal element?

Mens Rea

What 2 elements of crime include murder, rape, and robbery?

Actus Reus and Mens Rea

What are Conduct Crimes?

Crimes with no requirement for a resulting harm...must require a criminal act triggered by criminal intent...EX: the crime of burglary is complete whether or not the burglar steals the item in the home....what if it's just trespassing?

What is concurrence?

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

What offenses don't require mens rea?

Attendant Circumstance element - a circumstance connected to an act , an intent, and or a bad result

What are bad result crimes or result crimes?

Serious crimes that many include all 5 elements (actus reus, mens rea, concurrence, attendant circumstance, and bad result

Some crimes are called strict liability...which means?

requires a criminal act only

ex: open container laws, minor penalties

Actus Reus must include what 4 elements?

1. Must be a voluntary act

2. Can be omission with legal duty

3. Possession (not status or mere possession)

What is a voluntary act?

bodily movement + will

As long as there is ONE voluntary act...

other acts surrounding the crime CAN be involuntary

In order for an act to be criminal it need to be ...

VOLUNTARY

What are voluntary induced involuntary acts?

occur when a person voluntarily engages in an action that leads to an involuntary state, during which they perform acts that they did not intend or control.

What's an example of voluntary induced involuntary acts?

People Vs. Decina (1956) - Decina (defendant) was charged with criminal negligence after he crashed his vehicle while having an epileptic seizure, killing four.