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-To preserve societal order
- make sure our democracy continues to exist
----- influenced by customs and religion |
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Laws that regulate conduct
--do's and don'ts (don't steal, kidnap, etc.) |
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| Laws are and were influenced by 3 things |
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judeo/christian
-laws were founded from ideals
Roman laws-
Common Law
-unwritten law
-"english law brought fro britain) |
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| always against society (peace and order) |
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Latin for wrong in itself
Conduct everyone thinks is evil (murder rape) |
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A crime because legislature says it is
(gambling prostitution) |
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| treason, espionage, sedition, etc |
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| arson, trespassing, damage to property, shoplifting, etc |
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| assault, robbery, rape, murder, etc |
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crimes aganist the peace
(rioting, noise ordinances, etc) |
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| prostitution, obscenity, crimes against nature etc |
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| Crimes against administration |
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| prejury, witness tampering, obstruction of justice, etc |
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Doctrine of "stare decisis"
(already decided) |
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| The encouraging, requesting, or commanding of another person to commit a crime |
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| Principal in the 1st degree |
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| individual who actually committed the crime |
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| Principal in the second degree |
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| anyone who was present at the crime scene and who aided, abetted, counseled, or encouraged the principal in the commission of the crime |
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| Accessory before the fact |
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| anyone who aided and abetted in the preparation for the crime, but was not present at the crime scene |
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anyone who didn't participate in the crime but knew the crime was committed and furnished post crime assistance to keep the criminal from being detected or from being arrested
-Dr. Mudd assisted with john wilkes booth in killing the president by providing medical care |
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| one who knowingly gives assistance to a person who has committed a felony for the purpose of helping that individual avoid apprehension or detection |
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the criminal liability of one party for criminal acts of another party
-red light camera |
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| a person who, with intent to promote or facilitate the commission of a crime, gives assistance or encouragement to the principal |
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| "supreme law of the land" |
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| eye for and eye (punishment) |
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| the goal would be to prevent others from committing crimes similar to ones for which an offender is being sentenced |
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Specific- goal of criminal sentencing that seeks to prevent a particular offender
General- Goal of criminal sentencing that seeks to prevent others from committing similar crimes, by making an example out of a person sentenced |
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| the attempt to reform a criminal offender |
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| a sentencing goal that seeks to make victims and the community "whole again" (pay back) |
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| the use of imprisonment or other means to reduce the likelihood that an offender will be capable of committing future offenses |
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| unspecific term of incarceration (min and max) |
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| sentences are served in sequence with other sentences |
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| sentences are to be served simultaneously |
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| fixed term of incarceration |
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| circumstances relating to the commission of a crime that causes its gravity to be greater and that of average instance of the given type of offense |
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| circumstance dont justify or excuse the crime but facts that can be considered as reducing the blame of the offender |
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argued the death penalty violated the 8th amendment
said states have the discretion |
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| said that you couldn't have a mandatory death penalty for certain crimes |
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aggravating factors(ex.victim raped your wife)
- all 12 jurors have to find that at least on aggravated factor for it to be present
Litigating factors (ex. defendant raped victim prior to murdering them)
-only one juror has to fine litigated factors
Do aggravated outweigh the litigated factors?
- sufficiently substantial to call for the imposition of the death penalty |
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| Literally, "you have the body". A writ challenging the legality of incarcerating, or a writ ordering a prisoner to be brought before a court to determine the legality of the prisoner's detention |
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imprisonment
probation
fines
death |
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1) the basic components of crime
2) In specific crime, the essential feature of that crime as specified by law or statute |
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| an act in violation of the law |
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| examples- wearing a seatbelt, paying taxes, or child neglect |
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general intent
specific intent- committing an act in order for harm to be committed (assault with deadly weeping with intent to kill, or even possession of a drug with intent to sell)
Transferred intent - if intending to impose injury on someone, and you hurt someone else
recklessness- acting in a way that could cause deadly harm(dwi-
Negligence- knowing there is a risk and ignoring it |
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violation of the law for which one may incur criminal liability without fault or intention
(speeding, statutory rape) |
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the simultaneous coexistence of
1) an act in violation of the law
2) culpable mental state |
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| action is voluntary and someone made you commit the crime |
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| illegal is the law says that you can posses it |
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| iners that the substance is yours |
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| when the substance is not on a person for is in something that is under a persons control(car) |
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| Persons actions must produce or cause harm- can't charge someone with murder if no one died |
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| government must show this- an actual link between an actor's conduct and a result |
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| the primary or moving cause that plays a substantial part in bringing about injury or damage. |
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| You need this to proceed with trial- Facts that show that a crime has occurred (literally the "body of the victim" |
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| if you rob a bank and someone dies during the robbery its murder |
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| can't punish for a crime that was not a crime when it was committed |
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5th and 14th amendment- due process.
average intelligent has to know that it was wrong or against the law |
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| 14th amendment- laws can't change for different people |
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| Facts surrounding the event(time and place) |
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| Unfinished crime that generally leads to another crime |
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| attempt (inchoate offenses) |
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the intention to commit a crime but falls short of the crime intended to commit (requires Mens Rea' - specific interest)
- also requires "acts reuse" substantial step(mere preparation, thinking is not an attempt) |
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| this test require that the accused has it within his or her power to complete the crime almost immediately |
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agreement for two or more to carry out an unlawful to accomplish a lawful outcome
-used when there is not another crime to rely on
-doesnt end until the crime is completed or no one else is left under the agreement except one person |
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| conspiracy- says you must have at least two people for conspiracy if the charges are for murder, they needed two people to conspire with |
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| conspirator follows in sequence and deals only with the person who came before them |
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| Principal in the second degree |
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| Now known as "aid and abet" |
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| a private or civil wrong or injury |
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| an individual, business, or other legally recognized entity that commits a tort |
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| A model code of criminal laws intended to standardize general provisions or criminal liability, sentencing, defenses and definition of specific crimes. |
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| Preponderance of evidence |
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| a standard for determining legal liability, which requires probability of just over 50% that he defendant did what is claimed |
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| Clear and convincing evidence |
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| level of factual proof used in civil cases for personal liberty, standard requires greater certainty than"more probable than not, but is not as demanding as "no reasonable doubt" |
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| possession with awareness of what one possesses |
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| possession in which one may or may not be aware of what he or she possesses |
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| a rule that guides courts in interpreting constitution, statutes, and other laws |
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| a legislative pronouncement that an individual is guilty of a crime (this is not legal) |
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| test to see if the last step or action was taken to commit the crime (ex. if you pull a gun but didn't fire it) |
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| the voluntary and complete abandonment of the intent and purpose to commit the crime (used as a defense) |
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| the failure to report a known crime; the concealment of a crime |
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| National Crime Victimization Survey |
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| (NCVS) Survy by bureau of justice statistics |
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| right permitting the crime victim to speak at sentencing of convicted offender |
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| will not allow convicted offender to sell their story and make profit from it |
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| Uniform Crime Reporting (UCR) |
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| FBI data collection program |
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| a court requirement that a convicted offender pay money or provide service to the victim or the crime or provide services to the community |
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| a model of criminal sentencing that holds that criminal offenders deserve the punishment they receive at the hand of the state and that suggest that punishment should be appropriated to the type and severity of the crime committed |
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| sentencing principle that objectively counts an offenders criminal history in sentencing decisions |
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| severity of sanction should bear a direct relationship to the seriousness of the crime |
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| sentencing based on concerns with social equality that holds the similar crimes should be punished with the same degree of severity regardless of social or personal characteristics of the offender |
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| the use of split sentencing, shock probation, and parole, home confinement, shock incarceration and community service in lieu of other more traditional sanction like imprisonment and fines . |
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| practice of sending an offender to jail and allowing them to apply for probation |
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| boot camp type of prisons |
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| weekend jail while on probation |
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| what the government has to prove beyond a reasonable doubt |
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| most criminals have 3 elements |
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1) prohibited act- acts reus
2) mental state- mens tea
3) general intent
(1 and 2 have to occur at the same time) |
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| government doesn't have to prove you where speed, they only have to show you did what the law prohibits |
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