Term
| What is Proof Beyond R doubt? |
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Definition
- All D presumed innocent
- Prosecutor MUST prove proof beyond R doubt |
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Term
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Definition
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Term
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Definition
| Burg, Ass, FM, FP, L, Em, SAC, R, F |
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Term
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Definition
- Art 1, Section 9/10 of the Constitution
- Retro Active Law |
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Term
| What is EIGHTH Amendment? |
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Definition
| - Cruel and Unusual Punishment |
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Term
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Definition
- Deprived life and liberty
- Double Jeopardy |
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Term
| What is FOURTEENTH Amendment? |
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Definition
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Term
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Definition
- Authority of a sovereign to create substantive laws
- Authority of a court to enforce the laws |
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Term
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Definition
| - Place where crime occurred |
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Term
| What are the Sources of Criminal Law? |
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Definition
- Common Law (CL)
- Criminal Statute
- Modern Penal Code (MPC)
- Constitution Crime
- Administrative Crimes |
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Term
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Definition
| - Common Law (CL) = Borrowed from England (Maj) of states retain |
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Term
| What is Criminal Statute? |
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Definition
| - @1900 (ALL Federal Crimes are statute) - (Min) of States @20 |
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Term
| What is Modern Penal Code (MPC)? |
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Definition
- NOT a source of law, @1962
- scholarly endeavor by the American Law Institute |
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Term
| what is Constitution Crime? |
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Definition
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Term
| What is Administrative Crimes? |
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Definition
| - Administrative Crimes = EPA, SEC |
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Term
| What are the Theories of Criminal Sanctions? |
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Definition
- Restraint
- Deterrence
- Retribution
- Rehabilitation |
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Term
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Definition
| - Incapacitation, criminal has fewer opportunities to commit act |
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Term
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Definition
| - Send a message, reduce crime |
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Term
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Definition
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Term
| What are the Punishment Theories? |
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Definition
- Utilitarian
- Retributive
- Denunciation (Expressive Theory) |
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Term
| What is the Utilitarian Theory? |
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Definition
- Educate and reform
- Bentham |
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Term
| What is General Deterrence? |
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Definition
– Punishment to dissuade
- Utilitarian Theory |
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Term
| What is Specific Deterrence? |
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Definition
– Punishing a actor will deter future crime
- Utilitarian Theory |
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Term
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Definition
- aka Restraint
- Prevent future crimes by incarceration |
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Term
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Definition
| – Actor can be “cured” in prison |
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Term
| what is Retributive Theory? |
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Definition
- Punish morally culpable
- No regard for deterrence or reform
- Kantian |
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Term
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Definition
- Expressive Theory
- Punishment justified by means |
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Term
| What are the Classification of Crimes? |
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Definition
- Misdemeanors = not F
- Felony = Forfeiture of land
- Infamous Crimes
- Statutory Felonies |
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Term
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Definition
| - M, Mansl, Rape, Sod, May, Rob, Ars, Burg, Larc |
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Term
| What is an Infamous Crime? |
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Definition
| - CL – Fraud, Dishonesty, Obstruct Justice |
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Term
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Definition
- Immoral
- Wrong in itself
- Inherently Evil |
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Term
| What is Malum Prohibitum? |
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Definition
- Necessary to regulate general welfare
- Wrong because Legislature says so |
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Term
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Definition
| - Prior knowledge or intent |
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Term
| What is the Principle of Legality? |
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Definition
| - There is no crime w/o law, no punishment w/o law |
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Term
| What is the Vagueness Doctrine? |
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Definition
- Statute must define the offense with definiteness
- Nondiscriminatory enforcement |
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Term
| What is the Constitutional Limits on Criminal Law? |
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Definition
- FIRST Amendment
- FOURTH
- FIFTH
- SIXTH
- EIGHTH
– FOURTEENTH |
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Term
| What is a Bills of Attainder? |
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Definition
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Term
| What if the FIRST Amendment? |
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Definition
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Term
| What is the FOURTH Amendment? |
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Definition
| - Unreasonable search and seizure |
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Term
| What is the SIXTH Amendment? |
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Definition
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Term
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Definition
- Charged with 2 crimes on same act
– Blockburger Rule |
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Term
| What is Blockburger Rule? |
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Definition
- Did Legislators intend to allow conviction of both crimes on same act?
- Each crime requires proof of an additional fact that other does not |
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Term
| What is the Plain Meaning Rule? |
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Definition
| – Statute must be clear and concise |
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Term
| What is the Saving Provision? |
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Definition
| – Crimes committed prior to the NEW statute effective date are subject to prosecution. |
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Term
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Definition
- Misdemeanor into Felony
- CL the Mis mergers into the F
- ML NO merger
- VM/IM CANNOT be merged |
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Term
| What is the Burden of Production? |
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Definition
| - Prosecution must produce “some evidence” |
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Term
| What is the Burden of Persuasion? |
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Definition
- Elements of a Crime
- Defenses to Crime
- Winship doctrine |
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Term
| Who has a Right to a jury? |
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Definition
| - if imprisonment is + 6mo |
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Term
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Definition
| - Is where D waives right to a jury |
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Term
| What is Jury Nullification? |
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Definition
| - When jury decides for prosecution but consciously acquits |
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Term
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Definition
- To abide by decided cases
- Stand on Precedent
- Do not disturb a settled point |
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Term
| What are the Burdens of Proof? |
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Definition
- Standard of Proof (Beyond R Doubt)
- Burden of Production
- Burden of Persuasion |
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Term
| What are the types of Evidence? |
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Definition
- Direct Evidence (NO Inference needed)
- Circumstantial Evidence (Req Inferences) |
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Term
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Definition
| - Any ambiguities in statute in favor of D |
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