Untitled Flashcards Set

Know the differences between misdemeanors and felonies. What is mens rea and actus

Reus?

• Differences Between Misdemeanors and Felonies

  • Definition:

1. Misdemeanors: Less serious criminal offenses typically punishable by fines, probation, community service, or imprisonment for less than one year in a local or county jail.

2. Felonies: More serious criminal offenses punishable by imprisonment for more than one year, typically in state or federal prisons, or by more severe penalties such as life imprisonment or the death penalty.

• Examples:

3. Misdemeanors: Petty theft, simple assault, public intoxication, trespassing.

4. Felonies: Murder, robbery, rape, arson, drug trafficking.

• Legal Consequences:

5. Misdemeanors: These may result in lighter penalties and fewer long-term consequences, but can still impact employment and personal rights.

6. Felonies: These can result in the loss of civil rights (e.g., voting, gun ownership) and carry a lifelong criminal record with more severe social consequences.

• Trial and Process:

7. Misdemeanors: Often resolved through plea bargains and handled in lower courts.

8. Felonies: These may involve grand juries, and longer trials, and are tried in higher courts.

• Mens Rea and Actus Reus

  • Definitions:

    • Mens Rea (Guilty Mind): 

      • Refers to the mental state or intent of a person when committing a crime. It determines whether the defendant acted intentionally, knowingly, recklessly, or negligently.

    • Actus Reus (Guilty Act): 

      • Refers to the physical act or unlawful omission that constitutes the criminal offense.

  • Key Distinction:

    • For a crime to occur, there usually must be a combination of mens rea (the intent) and actus reus (the act).

    • Example: For a theft charge, actus reus is the act of taking someone else's property, while mens rea is the intention to permanently deprive the owner of it.

  • Legal Principles:

    • Crimes generally require both elements to establish culpability.

    • Some offenses are classified as strict liability crimes, which do not require mens rea (e.g., traffic violations).

• Understanding these concepts helps clarify the foundational principles of criminal law.

What are the common definitions of some of the crimes we’ve covered, including

homicide, battery, assault, larceny, robbery, burglary, kidnapping?

• Homicide

  • Definition: 

    • The unlawful killing of another person.

  • Categories:

    • Murder: 

      • Intentional killing with malice aforethought (premeditation or extreme recklessness).

    • Manslaughter: 

      • Killing without malice, often categorized as:

      • Voluntary Manslaughter: 

        • Killing in the "heat of passion" after being provoked.

      • Involuntary Manslaughter: 

        • Unintentional killing due to negligence or reckless conduct.

•  Battery

  • Definition: 

    • The intentional and unlawful physical contact or use of force against another person without their consent.

  • Key Elements:

    • Physical contact must occur.

    • Harm does not need to result, but the act must be offensive or harmful.

• Assault

  • Definition:

    •  The intentional act of causing another person to fear imminent harm or offensive contact.

  • Key Elements:

    • Does not require physical contact (unlike battery).

    • The victim must reasonably perceive the threat.

•  Larceny

  • Definition: 

    • The unlawful taking and carrying away of someone else's property with the intent to permanently deprive them of it.

  • Key Elements:

    • Property must belong to another person.

      • Intent to permanently deprive the owner is required.

•  Robbery

  • Definition: 

    • The unlawful taking of property from another person through the use of force, intimidation, or threats.

  • Key Elements:

    • Involves direct interaction with the victim.

    • Requires the use or threat of force.

• Burglary

  • Definition: 

    • The unlawful entry into a building or structure with the intent to commit a crime (usually theft) inside.

  • Key Elements:

    • Does not require forceful entry; unlawful entry is sufficient.

    • Intent to commit a crime at the time of entry is required.

• Kidnapping

• Definition: 

  • The unlawful taking, confinement, or movement of a person by force, threat, or deception, often to hold them against their will.

• Key Elements:

  • Involves significant restriction of the victim's freedom.

  • Typically involves intent to use the victim for ransom, harm, or other unlawful purposes.

• Each crime has nuances that vary by jurisdiction, and additional elements or defenses may apply depending on the specific legal code in question.

3. What are the common defenses to crimes that we reviewed in class? How does the law

treat children who commit a crime?

• Common Defenses to Crimes

  • Insanity Defense:

    • The defendant claims they were legally insane at the time of the crime and unable to understand the nature or wrongfulness of their actions.

    • Often assessed under tests like the M'Naghten Rule, Model Penal Code test, or the Irresistible Impulse Test.

  • Self-Defense:

    • The defendant argues they used reasonable force to protect themselves from imminent harm.

    • Must demonstrate proportionality (force used matches the threat) and necessity (no reasonable alternative existed).

  • Defense of Others:

    • Similar to self-defense, but the defendant acted to protect another person from imminent harm.

  • Defense of Property:

    • The use of reasonable (often non-lethal) force to protect one’s property from theft or damage.

  • Duress:

    • The defendant committed the crime because they were coerced by the threat of imminent harm to themselves or others.

    • Not applicable to crimes like murder in most jurisdictions.

  • Entrapment:

    • The defendant claims they were induced or persuaded by law enforcement to commit a crime they would not have otherwise committed.

    • Requires proof that the idea originated with the authorities.

  • Mistake of Fact:

    • The defendant argues they made a factual mistake that negated the intent to commit a crime (e.g., accidentally taking someone else’s property believing it was theirs).

  • Intoxication:

    • Voluntary Intoxication: 

      • Rarely a defense but may reduce liability for specific intent crimes.

    • Involuntary Intoxication: 

      • A complete defense if the defendant was unknowingly or forcefully intoxicated and could not form intent.

  • Alibi:

    • The defendant claims they were elsewhere when the crime occurred, making it impossible for them to have committed it.

  • Consent:

    • The defendant argues the victim consented to the conduct, negating criminal liability (applicable in limited cases).

• How the Law Treats Children Who Commit a Crime

  • Age of Criminal Responsibility:

    • Jurisdictions set a minimum age (e.g., 7 or 10 years old) below which children are deemed incapable of forming criminal intent (known as doli incapax).

    • Children above the minimum age but under 18 are generally tried in juvenile courts.

  • Juvenile Justice System:

    • Focuses on rehabilitation rather than punishment.

    • Common measures include counseling, probation, or placement in juvenile facilities.

    • Proceedings are typically less formal and aim to protect the child’s privacy.

  • Transfer to Adult Court:

    • In serious cases (e.g., violent crimes), children may be tried as adults.

    • Factors considered: the severity of the offense, the child’s age, prior criminal history, and the likelihood of rehabilitation.

  • Sentencing:

    • Sentences for juveniles differ from those for adults. Life without parole is often prohibited for minors, especially for non-homicide offenses.

    • Rehabilitation and reintegration into society are emphasized.

  • International Standards:

    • Treaties like the UN Convention on the Rights of the Child encourage countries to establish child-specific legal systems prioritizing the best interests of the child.

• Understanding defenses and the treatment of juveniles helps clarify how legal systems balance accountability with fairness.

4. What constitutes a valid search? What are Miranda warnings and when are they used?

Understand search warrants, stop and frisks, and no-knock warrants.

• What Constitutes a Valid Search?

  • A valid search typically requires adherence to the Fourth Amendment, which protects individuals against unreasonable searches and seizures. A search is valid when:

  • There is a Search Warrant:

    • A search warrant is issued by a neutral magistrate or judge.

    • It is based on probable cause and specifies the location to be searched and the items to be seized.

  • Exceptions to the Warrant Requirement:

    • Consent: 

      • If a person voluntarily consents to the search.

    • Plain View Doctrine: 

      • Evidence in plain sight of law enforcement can be seized without a warrant.

    • Exigent Circumstances: 

      • Situations requiring immediate action (e.g., to prevent harm, destruction of evidence, or a fleeing suspect).

    • Search Incident to Arrest: 

      • A search of a person and the immediate area after an arrest.

    • Automobile Exception:

      •  If probable cause exists, a vehicle can be searched without a warrant due to its mobility.

    • Stop and Frisk: 

      • A limited search for weapons when an officer has reasonable suspicion of criminal activity (see below).

• What Are Miranda Warnings and When Are They Used?

  • Miranda Warnings 

    • are advisements of rights given by law enforcement to individuals in custody before interrogation. They ensure compliance with the Fifth Amendment right against self-incrimination. The warnings include:

      • The right to remain silent.

      • Anything said can and will be used against the individual in court.

      • The right to an attorney.

      • If they cannot afford an attorney, one will be provided.

  • When Are Miranda Warnings Required?

    • Custody: 

      • The individual is not free to leave or is under arrest.

    • Interrogation: 

      • Law enforcement is asking questions or engaging in actions likely to elicit an incriminating response.

  • When Are Miranda Warnings Not Required?

    • During routine questioning or non-custodial encounters.

    • When public safety is at immediate risk (e.g., locating a weapon in a dangerous scenario).

• Search Warrants

  • Definition: 

    • A court order allowing law enforcement to search a specific place for specific items.

  • Requirements:

    • Probable cause.

    • Supported by a sworn affidavit.

    • Detailed description of the location and items.

  • Evidence obtained outside the scope of a warrant is generally inadmissible (exclusionary rule).

• Stop and Frisk

  • Definition:

    •  A brief detention and pat-down of a person based on reasonable suspicion of criminal activity.

  • Legal Standard: 

    • Established by Terry v. Ohio (1968), officers must have:

      • Reasonable suspicion: 

        • Facts and circumstances suggesting a person is involved in criminal activity.

      • Limited scope: 

        • Focuses on detecting weapons or immediate threats.

    • Evidence found during a frisk is admissible if the search is lawful.

• No-Knock Warrants

  • Definition: 

    • A warrant allowing law enforcement to enter a property without announcing their presence.

  • Purpose:

    • Prevent the destruction of evidence.

    • Protect officers from harm in high-risk situations.

  • Controversy:

    • Balances law enforcement safety with the potential for violating privacy rights and escalating conflicts.

  • Understanding these concepts highlights how the law balances individual rights with public safety.

5. Understand the criminal procedure process referenced in your book. In other words,

how does it start, what are the stages, and how can defendant respond to the charges

against them? What is the purpose of a grand jury and preliminary hearing?

Criminal Procedure Process

The criminal procedure process outlines the steps from the investigation of a crime to the resolution of charges in court. Here are the typical stages:

1. Investigation and Arrest

• Investigation: Law enforcement collects evidence, interviews witnesses, and identifies suspects.

• Arrest: Based on probable cause, a suspect is taken into custody. A warrant is required unless the officer witnesses the crime or exigent circumstances exist.

2. Booking

• Suspect's personal information, fingerprints, and photographs are recorded.

• Charges are formally documented.

3. Initial Appearance

• The defendant appears before a judge shortly after arrest.

• The judge informs the defendant of their rights and the charges against them.

• Bail is set or denied depending on the nature of the offense and flight risk.

4. Charging

• The prosecutor reviews the evidence and decides whether to formally charge the defendant.

• Charges can be filed via:

  • Complaint: Typically for misdemeanors.

  • Indictment: From a grand jury (see below).

  • Information: Filed by a prosecutor after a preliminary hearing.

5. Grand Jury or Preliminary Hearing

• Grand Jury:

  • A group of citizens reviews evidence presented by the prosecutor.

  • Determines if there is probable cause to issue an indictment (formal charges).

  • Proceedings are confidential, and the defendant usually does not participate.

  • Purpose: Protect against unfounded prosecutions.

• Preliminary Hearing:

  • A public hearing before a judge where both sides can present evidence and question witnesses.

  • The judge determines if probable cause exists to proceed with the charges.

  • Used instead of a grand jury in many jurisdictions.

6. Arraignment

• The defendant is formally presented with the charges in court.

• Plea options:

  • Guilty: Admitting to the charges.

  • Not Guilty: Denying the charges and proceeding to trial.

  • No Contest (Nolo Contendere): Not admitting guilt but accepting the penalty, often used in civil liability concerns.

7. Pretrial Proceedings

• Discovery: Exchange of evidence between the prosecution and defense.

• Motions: Filed by attorneys to resolve legal issues before trial (e.g., motion to suppress evidence, dismiss charges).

• Plea Bargaining: Negotiation where the defendant agrees to plead guilty to a lesser charge or receive a reduced sentence.

8. Trial

• If no plea agreement is reached, the case proceeds to trial.

• Steps:

  1. Jury selection (if applicable).

  2. Opening statements.

  3. Presentation of evidence and witnesses.

  4. Cross-examination by both sides.

  5. Closing arguments.

  6. Jury deliberation and verdict (or a bench trial decision by the judge).

9. Sentencing

• If found guilty, the court imposes a penalty based on the severity of the offense, statutory guidelines, and mitigating/aggravating factors.

10. Appeals

• The defendant can appeal the verdict or sentence, alleging legal errors or violations of rights during the trial.

Defendant’s Responses to Charges

• File Pretrial Motions:

  • Motion to dismiss charges due to lack of evidence.

  • Motion to suppress evidence obtained illegally.

• Negotiate a Plea Bargain:

  • Accept reduced charges or sentencing in exchange for a guilty plea.

• Go to Trial:

  • Contest the charges and present a defense.

Purpose of Grand Jury and Preliminary Hearing

1. Grand Jury:

   • Protects against arbitrary or unjust prosecutions.

   • Ensures there is enough evidence to justify formal charges.

   • Used in federal cases and some state jurisdictions.

2. Preliminary Hearing:

   • Provides an open and adversarial setting to challenge probable cause.

   • Offers an early opportunity for the defense to examine the prosecution’s case.

Both processes aim to ensure fairness and proper justification before proceeding to trial

6. What are sentencing guidelines?

What Are Sentencing Guidelines?

Sentencing guidelines are structured systems designed to standardize the sentencing process for criminal offenses. These guidelines help judges determine appropriate penalties while promoting consistency and fairness in sentencing across similar cases.

Purpose of Sentencing Guidelines

1. Consistency: Reduce disparities in sentencing for similar offenses committed under similar circumstances.

2. Transparency: Provide clear criteria to justify sentencing decisions.

3. Fairness: Balance the need for punishment, rehabilitation, and deterrence.

4. Proportionality: Ensure that the severity of the sentence corresponds to the seriousness of the crime and the offender's criminal history.

How Sentencing Guidelines Work

1. Sentencing Range:

   • Offenses are assigned levels or categories based on their severity.

   • Sentences are provided as a range (e.g., 10-20 years) rather than a fixed penalty.

2. Factors Considered:

   • Offense Level: The seriousness of the crime (e.g., theft vs. armed robbery).

   • Criminal History: The offender's prior convictions or lack thereof.

   • Aggravating Factors: Circumstances that increase the crime's severity (e.g., use of a weapon, harm to a vulnerable victim).

   • Mitigating Factors: Circumstances that reduce culpability (e.g., cooperation with authorities, mental illness).

3. Mandatory vs. Advisory Guidelines:

   • Mandatory: Judges must impose sentences within the prescribed range unless specific exceptions apply.

   • Advisory: Judges may deviate from the guidelines if justified by the case's unique facts (e.g., federal guidelines in the U.S. after United States v. Booker).

Examples of Sentencing Systems

1. Federal Sentencing Guidelines (U.S.):

   • Governed by the U.S. Sentencing Commission.

   • Use a grid system with offense levels and criminal history categories to determine the sentencing range.

2. State Guidelines:

   • Many states adopt their own systems tailored to local laws.

   • These may be stricter or more lenient than federal standards.

Criticisms of Sentencing Guidelines

1. Rigidity: Critics argue that mandatory guidelines can limit judicial discretion and fail to account for unique circumstances.

2. Potential Disparities: Despite efforts to standardize sentencing, disparities may persist, especially when guidelines are advisory.

3. Overemphasis on Punishment: In some cases, guidelines focus more on punitive measures than on rehabilitation or alternatives to incarceration.

Judicial Discretion and Sentencing Guidelines

While guidelines aim to standardize sentencing, judges may deviate from them if justified. Such deviations require a statement of reasons, particularly when:

• Sentences are outside the prescribed range.

• Exceptional circumstances apply (e.g., extreme remorse or unusual harm).

Sentencing guidelines thus provide a framework but allow flexibility to ensure fairness in individual cases.