The State always brings the case.

If you are guilty you are convicted. Not guilty-acquitted.

One person brings case against another.

No jail time.

Money goes to winning party.

Plaintiff brings case against defendant.

People weigh out pleasure and pain.

Theory was made by Jeremy Bentham.

"Mala Insa"

We dont have to be told its wrong.

Ex:

Murder

Rape

Robbery

"Mala Inprohibita"

We say its wrong

Ex:

Gambling

Prostitution

"Body of the crime"

The facts and/or evidence of a crime

Defendants must present evidence.

Defendant has burden of production and burden of persuasion.

Must prove their defense by a preponderance of evidence.

Preponderance of evidence is anything greater then 50%

Never look at facts, because only questions of law can be appealed.

No jury.

Can make three rulings: affirm, reverse, or remand

If a law is unclear and/or cannot be easily understood by the general public then the law must be revised.

You cannot find someone guilty of committing a crime if the law is vague.

Ammendments that talk about Void for Vagueness-

5th and 14th

No unreasonable searches or seizures.

Must have warrant.

You are not held to answer for a capital or otherwise infamous crime unless on a presentment and indictment by a Grand Jury.

Dont have to be a witness against yourself. Right to remain silent.

Right to a fair and speedy trial.

Right to an attorney.

No excessive bail

No cruel or unusual punishment

Due Process

applies the ammendments to the states.

First case to introduce the exclusionary rule.

Warrantless search.

What case? Griswold v. Connecticut.

Which ammendments give right to privacy? 1st, 3rd, 4th, 9th, 5th and 14th

Privacy is a fundamental right

Mens Rea triggers the Actus Reus

The mental intent happens near the same time as the act.

I run over your dog and you accidently run me over a year later. NO concurrence.

who you are.

Dont get punished for who you are only for what you do.

You fail to do something that you have a legal duty to do.

Ex:

Dont feed your baby.

Come about in three ways:

1. Statutes-teachers must report suspected child abuse.

2. Contracts-fire fighter doesnt put out a fire.

3. Special Relationships- Parent-Child

You have a legal duty to help or call for help if you see someone in life threathening danger.

Only two states use this.

Most states use this.

You do not have a legal duty to help anyone if you see them in trouble or about to die even if you wouldnt be putting yourself at risk.

Actual-you have something on your person.

Constructive-you have something in your car or your house

Knowing-you know you have it on you or in your car.

Most states require.

Mere-you dont know its on you.

only absolute proof of mens rea.

Mens rea is usually proven beyond a reasonable doubt by circumstantial evidence.

1=most guilty 4=least guilty

1. Purposely

2. Knowingly

3. Recklessly

4. Negligently

also known as "but for" cause.

I ran you into the woods and you run into a bear and get eaten. "But for" cause would be that i ran you into the woods.

also known as "Proximate" cause.

I run you into the woods and you run into a bear and get eaten. The bear ate you would be legal "proximate" cause

is a defense of excuse.

sometimes called "failure of proof" defense

Perfect- you prove your defense and you go home.

(Self defense)

Imperfect- you prove your defense and you dont go home. (Insanity)

Claiming self defense you must prove four things.

1. Unprovoked attack

2. Necessity

3. Proportionality

4. Reasonable belief

Most states have this rule.

dont have to retreat, can kill for self defense.

Minority of states have this rule.

Must retreat from danger.

the area around the house. (lawn, porch, garden, etc.)

Cant use deadly force even under Castle exception.

1. Identify the Evils

2. Rank the Evils

3. Reasonable belief that the greater evil is imminent.

Voluntary-free will, not of force.

Knowing-you know what you are consenting to. You arent being tricked and you arent too young to understand.

legal concept, not medical term.

excuses criminal liability ONLY IF they have mental illness that seriously affects their capacity to act of reason right from wrong.

also known as M'Naughten Rule

defendant doesnt know right from wrong.

also known as Irresistible Impulse.

Cant blame defendant because they have no self control.

Juvenile court judge uses his or her discretion to move juvenile to adult criminal court.

16 or 17 year olds.

Three.

1. Mens Rea

2. Actus Reus

3. Concurrence