Term
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Definition
| CANNOT outweigh probative value. Evidence that is likely to affect the result in some improper way. |
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Term
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Definition
| Must outweigh the prejudicial effect. Tends to show likeliness. Tends to establish the proposition for which it is offered. |
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Term
| Proof Beyond a Reasonable Doubt |
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Definition
| Prosecution must prove beyond a reasonable doubt for EVERY ESSENTIAL element of a crime. |
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Term
| Preponderance of Evidence |
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Definition
| Civil standard of proof. Just enough evidence to make it more likely than not. NOT sufficient for any element of criminal crimes. |
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Term
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Definition
1. Seriousness of the crime
2. How bad the stigma is
3. Severeness of punishment
4. Traditional characterization of the crime |
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Term
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Definition
| The BofR do NOT apply to the states. They can be incorporated through the 14th Amendment to protect against state action. |
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Term
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Definition
| 6th Amendment. Incorporated through 14th. Required for all SERIOUS crimes. |
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Term
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Definition
| Juries can deviate from a strict application of the law in order to avoid injustice. Judges do NOT have to instruct of this power. |
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Term
Ineffective Counsel:
Strickland Test |
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Definition
1. Serious error
2. Prejudice |
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Term
| Criminalization of Conduct |
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Definition
| Gov't must have legit reason of protect health/safety/welfare to criminalize conduct. Cannot criminalize based on morals or religion alone. Cannot criminalize private, adult, consensual activity. |
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Term
Grossly Disproportionate Punishment:
Solem Test |
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Definition
1. How bad is the crime and punishment
2. How does the jurisdiction treat other crimes
3. How do other jurisdictions treat similar crimes |
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Term
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Definition
| Guilty hand. Commission of some voluntary act that is prohibited by law. Unconsciousness is a complete defense to a crime because NOT D's conduct (jury must be instructed on this). |
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Term
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Definition
| Liability for omission only when a duty to perform the omitted act is imposed by law. |
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Term
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Definition
Must have a legal duty to be liable for omission. Can arise from:
Imposition from statute;
Status;
Contract; OR
Assumption of the duty. |
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Term
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Definition
| Guilty mind. Mental culpability. Applies to ALL elements. More intentional=more culpable. Worse punishment require more higher level of mens rea. |
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Term
Intentional Mens Rea:
Purposeful |
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Definition
| Meant to do it. Purpose/aim/goal. Ex: meant to kill V and did. |
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Term
Intentional Mens Rea:
Knowing |
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Definition
| Knew what you were doing. NOT a mistake. Aware. 100% sure. Ex: throwing bombs into a building and knew V was in there but did not mean to kill him. |
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Term
Unintentional Mens Rea:
Reckless |
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Definition
| Miserable SOB who was aware of the risk/some possibility/likelihood. |
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Term
Unintentional Mens Rea:
Negligence |
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Definition
| Idiot that did NOT perceive substantial risk. GROSS deviation from conduct of reasonably prudent person. |
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Term
Mens Rea:
Extreme Recklessness |
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Definition
| Risk is very high, or very grave, and taking the risk is very unjustified; jurisdiction may call it depraved indifference. Treated as if done intentionally. Ex: driving 90 down the sidewalk of Central at lunch time. |
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Term
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Definition
| Mens rea must be reckless or higher (purposeful/knowing). |
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Term
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Definition
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Term
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Definition
| Consequence AND act intended. |
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Term
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Definition
| Some aspect of the crime does not require awareness of an element or does not need to intend consequence. Something in the crime does NOT require mens rea. |
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Term
Mens Rea Construction:
None in Statute |
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Definition
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Term
Mens Rea Construction:
Set at Beginning |
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Definition
| Carries through for ALL elements. |
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Term
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Definition
| Look for actus reus, circumstances/conditions, AND mens rea. Mens rea for ALL elements. |
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Term
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Definition
| NO mens rea required. Bonventre does NOT like it. |
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Term
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Definition
| Negates existence of knowing mens rea. However, if NO mens rea required, mistake of fact is irrelevant. |
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Term
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Definition
| Victim defrauded as to the act itself. Does NOT know what is going on, NO consent, IS rape. |
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Term
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Definition
| Victim defrauded as to the circumstances. Knows what is happening, consent, NO force, NOT rape. |
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Term
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Definition
| Relying on official statement or if a reasonably prudent person would NOT know it was a law there must be notice. NO ex post facto crimes. |
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Term
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Definition
| Unlawful killing of a human being. |
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Term
| Murder/Intentional Homicide |
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Definition
| INTENTIONAL killing of a human being. Intentional mens rea, includes purposeful and knowing. Exception: capital cases may require purposeful. |
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Term
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Definition
| Intentional murder committed while actor is engaged in a felony. Ex: rape AND intentionally kills victim. |
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Term
| Manslaughter/Reckless Homicide |
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Definition
| RECKLESS killing of another human being. Reckless mens rea. Aware of the risk that conduct may result in death, but engages in conduct anyway. Ex: driving 100mph-->actor does not mean to kill anyone, does not know he is going to kill someone, but knows there is a risk of killing someone and takes it anyway. |
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Term
| Extremely Reckless Homicide |
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Definition
| Risk SO great and unjustified, law treats it as if intentional homicide. Sometimes called depraved indifference. Ex: driving 100mph down the sidewalk. |
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Term
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Definition
| UNintentional killing of a human being during the commission of a dangerous felony or immediate aftermath. Felonies usually listed in jurisdiction's statute. Treated as if extremely reckless because dangerous felony has risk SO great and unjustified. |
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Term
| Involuntary Manslaughter/Negligent Homicide |
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Definition
| NEGLIGENT kill of a human being. Negligent mens rea. Fails to perceive the risk that conduct may result in death, but a reasonable person would have perceived the risk. GROSS deviation from the conduct of a reasonably prudent person. |
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Term
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Definition
| Makes a killing lawful when reasonably necessary to protect innocent self/3rd party from a REASONABLY perceived, IMMINENT threat to life or limb. |
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Term
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Definition
| Actor incapable of appreciating wrongfulness of conduct as a result of mental disease or defect. NOT drunk or high. Ex: thinks shooting a dinosaur but actually shooting Tony. |
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Term
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Definition
| Induced by the gov't to commit a crime and actor NOT otherwise predisposed to do it. |
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Term
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Definition
| Conduct due to sudden impulse; moral outrage. Lowers level of culpability but actor still guilty, just maybe lesser punishment/degree. Ex: voluntary manslaughter. |
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Term
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Definition
| Physical force, nonconsent, sex, another person. |
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Term
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Definition
| Sex against the will, w/o consent, and w/ use of force. |
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Term
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Definition
| Only requires victim to under a certain age. Minors are incapable of consent. Majority rule: age is strict liability element. |
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Term
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Definition
| Where victim is unconscious or incapable of consenting due to some mental disease or defect. NO actual force required. |
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Term
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Definition
| Need PURPOSEFUL mens rea and an act in furtherance of that intent beyond mere preparation. BUT FOR some unforeseen circumstances crime would have been committed. Exception: if, as a result of your own virtue, do NOT commit crime, NOT guilty of an attempt. |
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Term
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Definition
| Unlawful application of force to another's person. |
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Term
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Definition
| Assault plus aggravating factors, usually listed in a statute. Ex: w/ a deadly weapon. |
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Term
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Definition
| Unlawful taking AND carrying away of another's property w/ intent to deprive permanently. Knowing mens rea for ALL elements. |
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Term
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Definition
| Larceny and aggravating statutory factors. |
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Term
| Larceny by Trick/False Pretenses |
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Definition
| Actor lies about something and as a result, given some sort of property. Obtaining it unlawfully rather than taking it. |
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Term
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Definition
| Lawfully taking, BUT unlawfully keeping. |
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Term
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Definition
| Larceny by force or threat of force. |
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Term
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Definition
| Unlawful entry into a building w/ the intent to commit a felony inside. |
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Term
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Definition
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Term
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Definition
| Serious agreement to engage in some crime AND some overt step toward completion of the crime. Ex: agree to kill w/ lead pipe AND buy lead pipe. Withdrawal, which must be communicated to the other party or cops, is a defense. Guilty even if crime NOT completed. |
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Term
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Definition
| Helps w/ commission of the crime. Aider and abetter. INTENDS to help w/ crime. Just as guilty as primary actor. |
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Term
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Definition
| Helps before or after the crime, BUT NOT w/ the commission. NOT intent to help commit crime, but still needs some mens rea. |
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Term
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Definition
| Some fact prevents the completion of the crime. NOT a defense to attempt. Ex: shooting dead person cannot be guilty of murder. |
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Term
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Definition
| Some law prevents act from being criminalized. |
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Term
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Definition
| Actor tries to do something that is impossible by its very nature. Ex: praying someone gets hit by a car is NOT a crime NOR attempt. |
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