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| Where do the earliest ideals embodied in our constitutions come from? |
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Early set of laws
-theft, ownership, sexual relationships, interpersonal violence
-corporal punishments; routinized practice of justice. |
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Justinian Code
1) Institutes
2) Digest
3) Codex
4) Novels |
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Definition
Gathered Roman law into one code.
Foundation of law in most western European countries
1) textbooks in law for students and lawyers
2) casebook covering trials and decisions
3) collection of statues and principles
4) New proposed laws |
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Definition
-King gives up some rights, bound by law.
-Can't prosecute nobles without just cause (expanded into due process of law)
-"Foundation of our present liberties" |
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-Law originating from usage and custom rather than from written statues.
-Unwritten body of judicial opinion, based on customs, traditions, and PRECEDENTS that help guide judicial decision making. |
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-Rules of conduct inherent in human nature.
-Thought to be knowable through intuition.
-murder, theft, etc. |
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| Acts that are regarded as wrong in themselves. |
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| Acts considered wrong only because there is a law against them. |
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The Rule of Law
(Nemo supra leges) |
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Definition
The maxim that an orderly society must be governed by established principles and known codes that are applied uniformly and fairly to all of its members.
(No one is above the law) |
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| Declaration of Independence |
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Definition
-"for depriving us...of the benefits of Trial by Jury."
-"for transporting us beyond seas to be tried for pretended offenses." |
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| The US Constitution, Article 1 (excerpts) |
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Definition
-No suspension of habeas corpus
-No bill of attainder or ex post facto law |
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"produce the body"
A writ that directs the person detaining a prisoner to bring him before a judicial officer to determine the lawfulness of his imprisonment. |
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A bill that has a negative effect on a single person or a group.
This is punishment without trial. |
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The Constitution, Article IV (excerpts)
In relation to Treason, Felony, or other crimes: |
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Definition
| Criminals can be delivered up and returned to the jurisdiction of the state where the crime occurred. |
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| First 10 amendments to the U.S. Constitution. Considered especially important in processing of criminal defendants. |
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| Civil wrongs are called... |
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Definition
Torts.
-wrong against individual
-usually for money, injunction, or other equitable relief. |
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| Criminal wrongs are wrongs against... |
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Definition
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| Difference in burden of proof: criminal vs. civil |
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Definition
Crim: beyond all reasonable doubt
Civil: preponderance of evidence
"more likely than not" your fault! |
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| No punishment without a law for it |
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1) Guide and regulate the conduct of the individual, as well as define socially acceptable conduct
2) Hold conduct within limits that are reasonably acceptable from a social point of view. |
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Definition
1) Derives intent from 3 legal maxims:
a) No crime without a law
b) No punishment without a law
c) No crime without punishment
2) The above means: No ex post facto, bill of attainder, retroactivity, no crime w/o law. |
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Term
| 2 Sources of criminal Law: |
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| While most states have trial, appellate, and supreme courts, the Oklahoma Criminal Law system only has two. This is called a _______ system. |
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Definition
1) Prison/Jail (Probation, parole, etc)
2) Fines
3) Death
4) Removal from office
5) Prevent from holding office again |
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Due Process
procedural vs. substantive |
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Definition
Procedural - arrests and trials are fair
Substantive - laws are constitutional |
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| "An act or omission, forbidden by law, to which government applies monetary and/or penal sanctions." |
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Authority to regulate for the public...
-Health
-Safety
-Morals
-Welfare |
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Definition
| punishable by death, or more than one year in prison. |
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Definition
| punishable by less than one year in prison. |
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| Invalidates criminal laws written in such a manner as to make it unreasonably difficult for a defendant to know whether or not conduct is a crime. |
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Definition
| invalidates laws that regulate conduct so broadly as to interfere with individual freedoms. |
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Names of the law
Federal:
State:
City: |
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Definition
F: Code
S: Statute
C: Ordinance |
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Definition
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Definition
-Must have standards and penalties for violation
-Agency stays within guidelines.
-Rules must be explicit and unambiguous
-Determination of crime is done by court with jurisdiction |
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Term
| 4 Generally recognized goals of the criminal justice system: |
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Definition
1) Ensure safety of community
2) Punish wrongdoers
3) Prevent new crimes
4) Rehabilitate criminals |
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guilty mind
-criminal purpose, knowledge of wrongfulness of act |
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Term
| To commit a crime, what two things must a person have? |
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Definition
A form of specific intent requiring a showing that the actor know of the existence of certain facts.
(A person cannot be guilty of possession of stolen property if one does not know property is stolen) |
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Definition
The intent necessary for one or more elements of an offense.
Murder, for example, requires the specific intent that the act be done intentionally or purposely. |
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Definition
| intent to do the forbidden act |
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Definition
| Specific intent crime to take another's life, formed before the act and present through the act. |
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Definition
-Look at the defendant's actions!
-Statements before or after the act
-Written evidence |
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Definition
Motive:
-The reason a crime is committed
-Must not be proved, but always relevant.
-Helps understand Mens rea
Intent:
-mental purpose to commit a specific act (or omission)
-Must be proved if required |
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Definition
1) Criminal Negligence
2) Recklessness
3) Knowingly (loosely means general intent)
4) Specific intent (AKA purposefully, willfully, intentionally) |
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Definition
Does not require mens rea
-motor vehicle codes
-hunting regulations
-Statutory Rape
-pretty much anything related to minors |
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Term
| Proximate Cause or Causation |
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Definition
| A cause which, in natural and continuous sequence, produces the harm, and without which the harm would not have occurred. |
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Definition
If victim dies within a year and a day of defendant's actions, defendant is the proximate cause of death.
Archaic rule, no longer applies. |
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Definition
-illegal drugs
-instrument of a crime
-concealed weapon
-stolen property |
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Definition
-illegal drugs
-instrument of a crime
-concealed weapon
-stolen property |
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Term
| Actual possession vs. Constructive possession |
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Definition
Actual: carrying, within reach
Constructive: control over property, not in actual possession |
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Term
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Definition
-Permit orderly criminal trials
-Law expressly directs trier of fact to make a finding
-Presumption of Innocence
(rebuttable)
-Tender years
(7-14 years, cannot form mens rea)
(rebuttable)
-Sanity |
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Term
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Definition
A conclusion a judge or jury may draw from a fact or group of facts presented to them.
-Shooting with intent to kill? (How else can you shoot?) |
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Term
| What is the least you can do and still be guilty of a crime? |
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Definition
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Term
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Definition
1) Mental Culpability (Insanity, Biology)
2) Duress
3) Necessity
4) Accident
5) Entrapment
6) Age |
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Term
| Preliminary, Anticipatory, or Inchoate Crimes |
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Definition
-Criminal Acts that lead to or are attempts to commit other crimes.
-Need to prevent serious social harm |
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Definition
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Term
| 2 things must happen for an act to be conspiracy: |
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Definition
1) Planning/Thinking
2) Overt Act |
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Term
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Definition
| urging, requesting, or commanding another to commit a criminal act. |
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Term
If a person refuses solicitation, who is guilty?
If a person is solicited to commit a crime and carries it out, who is guilty? What are they guilty of? |
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Definition
1) The solicitor is guilty.
2) Both parties are guilty, and the solicitor receives the same punishment as the solicited.
Ex: A man hires someone to kill someone. Both the hitman and the solicitor are guilty of murder. |
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Term
| What is the Wharton Rule? |
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Definition
"An agreement by two persons to commit a particular crime cannot be prosecuted as a conspiracy when the crime is of such a nature as to necessarily require the participation of two individuals for its commission."
Ex: illegal gambling, prostitution, etc. |
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Term
Which of these, if any, are an adequate defense against conspiracy?
1) Impossibility
2) Abandonment
3) Withdrawal |
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Definition
None of these! The crime occurs with the agreement. The only exception is
withdrawal and REVERSAL: defendant attempts to reverse the conspiracy. Only valid if defendant gives authorities enough time to act before the crime happens. |
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Term
| Two types of impossibility |
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Definition
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Term
| Explain the difference between factual and legal impossibility. |
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Definition
Factual - crime was not physically possible (The bank was closed)
Legal - The crime was not a crime (It's rob a bank day) |
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Term
| Attempt crimes have three elements. List them. |
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Definition
1) -Intent- to commit the crime
2) -Performance- of some perpetrating act toward the commission of the crime
3) -Failure- to consummate its commission |
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Term
| List and describe the two types of parties to a crime in Oklahoma: |
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Definition
1) Principal - committed act, or participated beforehand (merely standing by does NOT count)
2) Accessory - became involved with principal AFTER the fact. |
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Term
| Does presence at the scene of the crime, with no attempt to stop the principal, make a person guilty as a principal? |
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Definition
| NO. Doing nothing makes you a jerk, but not a criminal. |
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Term
Accessory - Definitions
1) Aid
2) Conceal
3) Knowledge |
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Definition
1) Aid - Render overt personal assistance.
2) Conceal - Hide or secrete to prevent discovery
3) Knowledge - Personal awareness of the facts |
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Term
| Define Post-crime offenses: |
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Definition
Actions taken after a crime has been committed with knowledge that it had been committed that provide aid to the person who committed the crime.
Ex:
-Lying to an officer
-Obstructing justice
-Bribing witnesses
-etc. |
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Term
| A Law Enforcement Officer has probable cause to believe a person is a necessary material witness to a felony, and also has probably cause to believe the person won't show up in court. What happens? |
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Definition
The LEO can detain the person as a material witness with or without an arrest warrant.
-Must be taken before judge within 48 hours
-No victim of a crime can be detained as a witness of said crime. |
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Term
| define common design or plan: |
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Definition
| Whenever a group has a common plan to commit an unlawful act, anything done in furtherance of that act is the act of all parties involved, and they can all be punished for it. |
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Term
Ancient Concepts of criminal responsibility:
Trial by ____?
Trial by ____? |
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Definition
Trial by battle - fight your way to innocence!
Trial by ordeal - hold a hot piece of iron, place a hot iron against the tongue, etc...
And don't forget the witches! |
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Term
People incapable of committing crimes:
1) Children under the age of ____
2) Ages ____ to ____, WITH exceptions! |
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Definition
1) Children under the age of 7
2) Ages 7 - 14
Exceptions in the event of proof showing the child was aware of the wrongfulness of the crime. |
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Term
| Insanity destroys what essential element of a crime? |
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Definition
| the "mens rea", or criminal intent to commit the crime. |
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Term
Defense of insanity - Requirements
1) ________
OR
2) ______ |
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Definition
1) Doesn't know acts are wrong
2) Doesn't understand consequences of actions.
NOTE: This is at the TIME of the crime, not before or after. |
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Term
| Are people presumed to be sane or insane in court? Is the burden of proving insanity on the defense or the prosecution? |
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Definition
They are presumed to be sane.
The defense has the burden of proving a defendant's insanity. |
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Term
| What is the M'Naghten Case? |
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Definition
| A historic case setting a major precedent for later insanity cases: The 'right and wrong' test. |
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Term
| What is the "right and wrong" test? |
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Definition
| An insanity test. Based on the ability of the defendant to know the difference between right and wrong. (If defendant doesn't, they are not guilty) |
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