Term
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Definition
Retribution-We punish because wrong-doers deserve punishment.
Deterence-We punish criminals in order to scare other criminals out of committing other crimes in the future.
Moral Influence-We punish criminals in order to instill moral values in the citizenry as a whole.
Rehabilitation-We should "punish" in order to make criminals less dangerous. Those who commit crimes are injured/flawed. The CJ system should heal/repair them so they don't cause future harm.
Incapacitation- We punish in order to protect law-abiding citizens from dangerous people.
(Hybrid) |
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Term
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Definition
MPC ยง 2.01
1) Person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act or the omission to perform an act which he is physically capable.
2) Not voluntary:
-Reflex/Convulsion
-Somnambulism
-Hypnosis/Hypnotic Suggestion LAW SPLIT
Body Mvmt not a product of effort or determination
3.) Duty to Act SPLIT |
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Term
| Exceptions to the NO-LIABILITY rule |
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Definition
Status Relationship: Parents/minor children; married couples; master/servant
Contractual: Caregiver/babysitter
States with "Good Samaritan" laws |
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Term
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Definition
A person intentionally causes the social harm of an offense if:
1) It is his desire (conscious object) to cause harm OR 2) he acts with knowledge that a social harm is virtually certain to occur as a result of the conduct.
-It doesn't matter how likely it is that the result will occur
-Intent requires awareness; it is insufficient that D "should have known" the result would occur. |
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Term
| Willful/Wanton Misconduct/Gross Negligence (Murder) |
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Definition
| Showing the mental state to have been at least reckless (careless to the point of being heedless of the consequences). |
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Term
| Criminal Negligence (InvolMan) |
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Definition
| More than tort negligence, but less than Gross Negligence |
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Term
| Malice (Murder/Arson/Mayhem) |
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Definition
(intention to do injury to another party)
Satisfied by recklessness of D |
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Term
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Definition
| The actor's purpose, desire or conscious objective to cause the result of engage in the specified conduct. |
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Term
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Definition
| D does an act with the conscious object of causing the criminal result |
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Term
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Definition
| Deviates from the standard of care that a reasonable person would have observed. |
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Term
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Definition
| D is consciously aware of the fact that his act creates a substantial and unjustified risk. |
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Term
| Defenses against Specific Intent |
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Definition
Insanity
Intox
Mistake of Fact of Law
Duress |
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Term
| Defenses against General Intent |
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Definition
Insanity
Involuntary Intox
Infancy
Reasonable Mistake of Fact
Duress |
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Term
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Definition
| Crimes that do not contain a mens rea. |
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Term
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Definition
| "But For" Test: There can be no criminal liability unless "it can be shown that the D's conduct was a cause-in-fact of the prohibited result". BUT FOR D's act, would the social harm occur when it did? |
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Term
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Definition
Accelerating a result
Concurrent Sufficient Causes (simultaenous gun shot/stabbing from two independent actors) |
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