Definitions

Grand Jury

  • The federal grand jury is established to investigate crimes against the United States and to safeguard the Fifth Amendment right to a grand jury indictment.
How Grand Jury Works
  • A grand jury consists of 16-23 members who must vote in favor of a 'true bill' based on probable cause.
  • Proceedings are conducted in secrecy to protect the integrity of the investigation; anyone disclosing information can be prosecuted.
  • The following individuals are typically present during the sessions:
    • Jurors
    • Attorney for the government
    • Witnesses
    • Court reporter

Probable Cause

  • A legal standard set forth in the Fourth Amendment.
  • It requires a reasonable belief, based on specific facts and circumstances, that a crime has been committed or that evidence of a crime exists in a specific location.
  • Probable cause is more substantial than a mere hunch but does not reach the standard of 'proof beyond a reasonable doubt.'

Vindictive Prosecution

  • This occurs when a prosecutor retaliates against a defendant for exercising their legal rights.
  • It violates the Due Process Clause of the Fifth Amendment, which protects individuals from being deprived of life, liberty, or property without due process of law.

Judicial Review

  • Established by the landmark case Marbury v. Madison (1803).
  • Judicial review is the power of courts to analyze actions by the legislative and executive branches to ensure compliance with the Constitution.
    • It serves to uphold fundamental laws, protect rights, and maintain constitutional principles.

Summary Judgment

  • A court order that resolves a civil case without a full trial.
  • It is granted when there are no genuine disputes over material facts between the parties involved.

Procedural Due Process

  • This requires that government actors follow specific procedures before depriving an individual of a protected interest in life, liberty, or property.

Substantive Due Process

  • Refers to the idea that there are certain fundamental rights that the government cannot infringe upon, even if procedural protections are in place.

Model Penal Code (MPC) Purpose

  • The MPC serves several key functions:
    A) To forbid and prevent conduct that unjustifiably or inexcusably inflicts or threatens substantial harm to individuals or public interests.
    B) To protect conduct that is without fault from being condemned as criminal.
    C) To provide fair warning regarding the nature of conduct defined as an offense.

Legal Concepts and Cases

Manslaughter Under Common Law

  • Defined as the killing of another person without malice while committing a wrongful act.
Insanity Defense Reform Act (IDRA)
  • Impliedly placed significant restrictions on the use of mental disease or defect evidence.
  • Under IDRA, the defendant bears the burden to prove their affirmative defense.
Daniel M'Naghten Case (1814-1865)
  • Facts: M'Naghten shot and killed a private secretary of the Prime Minister in 1842.
  • Defense: M'Naghten claimed delusions impaired his ability to understand his actions. Three doctors testified about his lack of restraint.
  • Outcome: Found not guilty by reason of insanity; confined to mental hospitals for 21 years.

M'Naghten Rule

  • States that an individual suffers from a 'defect of reason' caused by a 'disease of the mind' which results in:
    A. Not knowing the 'nature and quality' of the act.
    B. Not knowing that the act was wrong.

Actus Reus

  • The voluntary physical act element of a crime.
  • This includes performing an action or failing to act, such as failing to file taxes.

Mens Rea

  • The 'guilty mind' or mental state element of a crime.
  • Refers to the defendant's knowledge of what they were doing and its moral blameworthiness, often phrased as acting 'willfully' or 'intentionally.'

Dobbs v. Jackson Women's Health

  • A case involving a Mississippi statute that bans abortion.
  • The decision stated that there is no right to abortion since it is not rooted in the nation’s history and tradition (2022).

Writ of Habeas Corpus

  • A legal instrument used to bring a prisoner before the court to assess whether the imprisonment is lawful.
  • It often constitutes a collateral attack and is civil in nature.

Federal Habeas Statutes

  • A state prisoner may file a petition for a writ of habeas corpus.
  • A federal prisoner typically files a motion to 'vacate, set aside, or correct a sentence.’ Both enable the prisoner to challenge their conviction on constitutional bases.

Collateral Attack

  • A civil challenge to the validity of a prior judgment through a new case instead of a direct appeal.

Contract Law

Legality (e.g., Unconscionability)

  • Courts will not enforce the performance of an unconscionable (unreasonable) contract.
Williams v. Walker-Thomas Furniture Co. (350 F.2d 445 (D.C. Cir. 1965))
  • This case dealt with the enforceability of contracts that left consumers unprotected.
  • It established that courts can refuse to enforce deals that are grossly unfair and show one party had limited choices and bargaining power.

Model Penal Code (MPC) Origins

  • The MPC was published in 1962 by the American Law Institute to systematize criminal law in the United States.

Insanity vs. Diminished Capacity

  • Distinction:
    • Insanity defense: Seeks to excuse the defendant from criminal responsibility.
    • Diminished capacity: Only argues that the mental condition prevents the individual from reaching the culpable mindset required for the crime.

Affirmative Defense

  • A defense in which the defendant introduces evidence that, if credible, will negate criminal liability even if the prosecution proves the defendant committed the alleged acts.
  • Examples include entrapment, duress, self-defense, and insanity.

Competency

  • Refers to whether the defendant can consult with their lawyer and understand the legal proceedings against them.
US v. John Hinckley Jr.
  • In 1981, Hinckley shot and wounded President Reagan along with three others, facing charges of 13 crimes.
  • After a seven-week trial including expert testimony on his mental state, he was found not guilty by reason of insanity and spent 34 years in a mental hospital.

Important Legal Precedents

Marbury v. Madison

  • An 1803 case that established the Constitution as the supreme law of the land.
  • This case was the first significant establishment of the principle of judicial review.

Diversity Jurisdiction

  • Federal courts may hear state law questions if:
    1. The parties are citizens of different states.
    2. The amount in controversy exceeds $75,000.
    3. There is complete diversity between the parties involved.
  • The purpose of diversity jurisdiction is to avoid bias in processing cases within a single state.

14th Amendment and Deterrence

Processes of 14th Amendment Due Process

  1. Procedural Due Process
  2. Substantive Due Process

Specific Deterrence

  • A form of utilitarian punishment tailored to specific individuals, aimed at preventing them from committing further crimes, such as serving time in jail to avoid repeat offenses.

Capacity of a Contract

  • Refers to a person's ability to fulfill the elements required to enter into a contract.

Mutual Assent of a Contract

  • Mutual assent is established through the processes of offer and acceptance, one of the four key components of a contract.

Examples of Intentional Torts in Virginia

  1. Trespassing
  2. Conversion
  3. Intentional infliction of emotional distress
  4. Fraud

Comparison: Thinking Like a Lawyer vs. Thinking Like a Psychologist

  • Cases of Daniel M'Naghten and John Hinckley can illustrate the difference in perspectives:
    • Both individuals suffered from severe delusions preventing them from understanding the nature of their actions.
    • M'Naghten believed he was protecting himself from political persecution; he lacked the understanding of the wrongfulness of his act as confirmed by experts.
    • Hinckley shot President Reagan to gain attention from actress Jodie Foster; he understood the act was wrong but his actions stemmed from mental illness impacting his judgment.
Lawyers' Perspective
  • A lawyer might focus on the presence of actus reus and mens rea to pursue prosecution despite mental illness.
Psychologists' Perspective
  • Psychologists would argue that Hinckley's mental defect requires a negation of criminal responsibility.

Protecting Citizens: The Case of Williams v. Walker-Thomas Furniture Co.

  • This landmark case demonstrated how procedural law can be utilized to assess and amend unfair terms in contracts, protecting consumers from harsh contractual obligations leading to severe consequences such as deprivation of property for a minor default.