Term
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Definition
- maximize net happiness of society
- punishment is needed but don't want to use it unless you have to
- main goal: deterrence (specific & general)
- innocent person being convicted can be justified under greater good/social happiness |
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Term
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Definition
- punishment only when deserved
- regardless of future prevention
- main goal: justice
- 3 types: assaultive, protective, victim vindication |
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Term
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Definition
- it's okay to hurt a criminal because they hurt soemone else
- societal vengeance |
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Term
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Definition
| - punishment to restore a moral balance |
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Term
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Definition
| - offender has false claim of worth by harming another person and thinking that they are worth more than the victim |
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Term
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Definition
- requirement that all criminal laws by previously defined
- criminal statutes should be understandable
- criminal statutes should not be left to subjective ideas
- rule of lenity
- criminal statutes must be strictly interpreted |
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Term
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Definition
- actus reus
- causation
- mens rea
- social harm |
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Term
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Definition
| - a voluntary act or omission where there is a duty to act |
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Term
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Definition
- Duty by law
- Duty by contract
- Duty by contract
- Duty by voluntary assumption
- Duty by risk creation |
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Term
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Definition
- you want the harm to occur so you consciously act, OR
- you act with knowledge that the social harm is virtually certain to occur |
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Term
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Definition
- you are aware of the fact, OR
- you correctly believe the fact exists, OR
- you suspect the fact exists and purposefully avoid learning if your suspicion is correct |
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Term
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Definition
- you consciously disregard a substantial and unjustifiable risk that your conduct will cause social harm
- subjective awareness |
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Term
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Definition
- you act and should be aware that your conduct creates a substantial and unjustifiable risk of causing social harm
- it must be a gross deviation from the standard of care of a reasonable
- this is an objective standard |
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Term
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Definition
- is only applicable when social harm is the same and the victim is different
- does not apply to attempt |
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Term
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Definition
Can negate mens rea
1. in specific intent crimes, even if the mistake is unreasonable
2. in general intent crimes, but only if the mistake is reasonable
3. not in strict liability crimes
4. not when the act is morally wrong, even if the mistake negates fault |
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Term
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Definition
| If the defendant believes his actions to be a misdemeanor but in fact they are a felony, then he will be charged with a felony |
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Term
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Definition
Only used when
1. the mistake negates an element of the crime
2. at the time of the offense, the person reasonably relied upon an official statement of law given by a person that interprets the law, and the statement was later determined to be erroneous |
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Term
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Definition
| "But for" the defendant's conduct, would the social harm have occurred when it did? |
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Term
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Definition
- Only analyzed if there are intervening factors
- If the intervening actions are reasonably foreseeable, defendant 1 is usually liable
- Responsive causes: an act that occurs in reaction to defendant's actions (defendant is usually liable)
- Coincidental causes: defendant placed victim in a situation where intervening cause could independently be acted upon victim (defendant usually not liable) |
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Term
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Definition
| When the defendant's active force has come to rest and the victim is in a place of apparent safety, the court won't look any further |
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Term
| Intended Consequences Doctrine |
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Definition
| When the intended result of a defendant's actions come about, through separate means than by the defendant, defendant can still be held liable |
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Term
| Concurrent Sufficient Causes |
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Definition
2 actors working concurrently to cause the same harm that would have resulted with just 1 actor
- Use the elaborate "but for" test |
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Term
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Definition
| But for the defendant's conduct, would the social harm have occurred when it did and as it did |
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Term
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Definition
| one person is trying to kill someone but a second person intervenes and does the killing |
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Term
| Intervening Causes that Relieve Liability |
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Definition
1. act of God
2. act of an independent 3rd party which accelerates or aggravates social harm caused by defendant
3. Act or omission of the victim that assists in bringing out the outcome |
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Term
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Definition
| The killing of a human being by another human |
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Term
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Definition
| The death of the victim must occur within a year and a day of the infliction of the injury |
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Term
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Definition
| The killing of another human being with malice aforethought |
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Term
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Definition
| Premeditation (no time requirement) |
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Term
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Definition
1. Express
2. Intent to inflict grievous bodily injury
3. Depraved Heart - extreme and reckless disregard for human life
4. Felony murder |
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Term
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Definition
| The unlawful killing of a human being without malice aforethought |
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Term
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Definition
Intentional killing committed in the sudden heat of passion with adequate provocation
Must have:
1. Heat of passion
2. Adequate provocation
3. No reasonable opportunity to cool off
4. Causal link between provocation, passion, and homicide |
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Term
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Definition
| Passion has to be the result of adequate provocation |
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Term
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Definition
1. Aggravated assault or battery
2. Mutual combat
3. Commission of a serious crime against a close relative
4. Illegal arrest
5. Observation of spousal adultery |
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Term
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Definition
| Killing resulting from criminal negligence (gross deviation from the standard of care that a reasonable person would exercise) |
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Term
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Definition
| Accidental killing resulting from misdemeanor conduct |
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Term
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Definition
1. Willful, deliberate, and premeditated killing, OR
2. Felony murder during the commission of enumerated felonies |
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Term
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Definition
| reflect with a view to make a choice (quality of thought) |
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Term
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Definition
| think about a matter before it is executed (quantity of thought) |
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Term
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Definition
1. Attempt to inflict grievous bodily injury on another
2. Acting with a depraved heart (abandoned and malignant heart OR consciously taking a substantial and unjustifiable foreseeable risk of causing a human death)
3. Felony murder not in enumerated felonies |
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Term
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Definition
| A person is guilty of murder if the killing of another person happens during the commission of attempted commission of a felony |
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Term
| Requirements for Felony Murder |
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Definition
- Required for felony murder
- "Inherently dangerous" felony: Can the felony be carried out without creating a substantial risk that someone will die?
- Res Gestae: there must be a connection between the felony and murder (the murder has to occur at the time of or in furtherance of the felony, not way before or way after) |
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Term
| Agency Approach (Felony Murder) |
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Definition
| Felony murder rule does not apply if an adversary to the crime commits the homicidal act |
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Term
| Proximate Cause Approach (Felony Murder) |
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Definition
| A felon is liable for any death that is a proximate result of the felony |
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Term
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Definition
| Sexual intercourse by a male with a female not his wife by force or threat of force against her will and without her consent |
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Term
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Definition
1. General fear of someone is not enough to constitute force
2. Actual physical force is not needed - just threats of serious bodily harm that reasonably places the victim in fear, so long as the threats are used in relation to and at the time of the rape
3. Verbal protests may suffice to show lack of consent, but not force
4. A reasonable mistake of fact regarding the victim's consent is a defense |
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Term
| Merger Limitation (Felony Murder) |
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Definition
| If the purpose of the assaultive behavior is independent of the killing, then the defendant can be charged with felony murder |
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Term
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Definition
1. a trepassory taking
2. carrying away
3. personal property
4. of another
5. with intent to permanently deprive the owner of possession (at the time of taking) |
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Term
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Definition
| Exists when a person has sufficient control over property to use in an unrestricted manner |
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Term
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Definition
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Term
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Definition
| Exists when the property is lost or mislaid and there is a reasonable clue of ownership when it is discovered, OR when someone has allowed another to borrow the property |
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Term
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Definition
| Placing property somewhere with the intent to return to it but failing to do so |
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Term
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Definition
- A person has temporary and extremely limited authorization over the property
- A person receives the property from his employer and can only use the property during the relationship of the employment
- If the person is a bailee of goods in a closed container (there is possession of the whole container and custody of the goods inside) |
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Term
| Continuing Trespass Doctrine |
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Definition
| The initial trespass continues so long as the wrongdoer remains in possession of the property, so a new trespass happens every moment. |
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Term
| "Permanently" with regard to intent to deprive is flexible when: |
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Definition
1. the defendant intents to sell the property back to the owener
2. the defendant intends to claim a reward for finding the property
3. the defendant intends to return the property to its owner for a refund |
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Term
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Definition
1. using deceit to obtain voluntary possession, but not title
2. carrying away
3. personal property
4. of another
5. with the intent to permanently deprive the owner of possession |
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Term
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Definition
1. taking possession
2. of the personal property of another
3. in a lawful manner
4. and subsequently converts property to own use |
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Term
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Definition
1. using deceit to obtain possession and title
2. carrying away
3. personal property
4. of another
5. with intent to permanently deprive the owner of possession |
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Term
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Definition
1. the use of force or intimidation to secure possession
2. carrying away
3. personal property
4. of another
5. with intent to permanently deprive the owner of possession |
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Term
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Definition
1. The use of threats of future harm to secure possession
2. Carrying away
3. Personal property
4. Of another
5. With intent to permanently deprive owner of possession |
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Term
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Definition
1. The breaking and entering
2. Dwelling house of another
3. At night
4. With intent to commit a felony therein (at the time of the entry) |
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Term
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Definition
| A structure that is used with regularity for sleeping purposes |
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Term
| Attempt - Six Step Approach |
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Definition
1. conceive
2. evaluate
3. fully forming an intention to go forward
4. prepare for crime
5. commence commission of the offense
6. completion of action |
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Term
| Complete but imperfect (attempt) |
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Definition
| When the actor preforms all acts set out to do, but fails to accomplish the goal |
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Term
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Definition
| When the actor does some acts necessary to achieve the criminal goal, but either quits or is prevented |
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Term
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Definition
- intentionally commit acts that constitute actus reus of attempt
- must perform acts with specific intention of committing the target offense |
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Term
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Definition
| Must complete the last act necessary |
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Term
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Definition
1. An agreement
2. By two or more parties
3. To commit a criminal act, a series of criminal acts, or a lawful set of acts by unlawful means |
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Term
| Specific Intent of Conspiracy |
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Definition
Each actor must:
1. Intend to agree (can be inferred from the act of agreement)
2. Intent that the object of their agreement be achieved |
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Term
| Once conspiracy has been established for once act, other acts carried out in relation to the initial act can be used to establish conspiracy as well, so long as... |
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Definition
1. the crimes were committed in furtherance of the original objective, AND
2. the crimes were a natural and probable consequence of the conspiracy (aka foreseeable) |
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Term
| Principals in the first degree |
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Definition
| Persons who actually commit the crime themselves or by innocent instrumentality |
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Term
| Principals in the second degree |
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Definition
| Persons who intentionally assist the principal in the first degree and who are actively or constructively present during its commission |
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Term
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Definition
| Close enough to assist (i.e. get away car) |
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Term
| To withdraw from a conspiracy... |
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Definition
| A person must verbalize the withdrawal to each of the other conspirators |
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Term
| Accessory before the fact |
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Definition
| A person who intentionally assists the commission of the offense but who is not present during the commission of the crime |
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Term
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Definition
A person who knowingly assists a felon to avoid detection, arrest, trial, or conviction
- Accessories after the fact are liable for the original offense |
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Term
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Definition
A person who:
1. With the requisite mens rea
a. intentionally engages in the acts of assistance, AND
b. acts with a level of culpability required in the definition of the offense in which he assisted
2. assists the primary party in committing the offense
a. physical conduct, OR
b. psychological influence, OR
c. omission where there is a duty to act |
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Term
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Definition
1. Failure of proof
2. Offense modification
3. Justification
4. Excuses
5. Public policy |
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Term
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Definition
| Although the elements of the crime have been met, the underlying policy of the statute has not been met |
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Term
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Definition
| Conduct that is otherwise criminal, but under the circumstances is socially acceptable and shouldn't be punished |
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Term
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Definition
| Although the conduct was criminal, defendant is not morally culpable |
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Term
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Definition
1. Necessary
2. Proportional
3. Reasonable belief that the force was necessary and proportional |
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Term
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Definition
| Force that is likely to cause or intended to cause death or serious bodily injury |
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Term
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Definition
| One who threatens unlawfully by words or actions calculated to bring about an assault |
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Term
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Definition
1. An aggressor may not use deadly force in self-defense unless he first purges himself of aggressor status
a. a non-deadly aggressor may regain the right of self-defense if the responder responds with deadly force
b. a deadly aggressor may regain the right of self-defense if he abandons his deadly designs and communicates this to the target
2. the threat of force against the non-aggressor must be immediate
3. there is a duty to retreat
a. Castle Doctrine: if you are in your harm, then there is not a duty to retreat (does not apply to yards and cannot be invoked by an aggressor)
4. Deadly force cannot be used in response to a misdemeanor or to protect property
5. Self-defense cannot be used once you have arrived at a place of safety and then return to the aggressor |
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Term
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Definition
| A person is allowed to use deadly force to protect against an aggressor who is using force against a third person, but only if the third person has a right to self-defense |
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Term
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Definition
1. The actor must have been faced with clear and imminent harm
2. There must be no adequate alternative
3. The harm caused must not have been disproportionate to the harm avoided
4. The actor must have clean hands
5. The actor must believe the action would abate the harm
6. Lawmakers must not have previously balanced the choices
7. The emergency must have been caused by natural forces
8. Necessity does not apply to homicides
9. Necessity is limited to protect only persons and property
10. Necessity negates the actus reus |
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Term
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Definition
1. When another person threatens to kill or grievously injure a third party unless he commits the offense
2. The threat must be from a human
3. The actor has to reasonably believe the threat is genuine
4. The treat is imminent
5. There is no reasonable opportunity to escape from threatened harm except to comply with the demands of the person who is forcing him
6. The actor cannot have any fault in exposing himself to the threat
7. Does not apply to homicides |
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