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Definition
Inflicting Pain in order to punish
ex) sentence/fine |
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Preventing criminal from committing other crimes
ex) got a hefty fine for public intox, check myself while drinking in the future |
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Definition
Rehabilitate criminals back into society
ex) prison programs to get diplomas, etc. |
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Definition
Make criminals incapable of creating another crime
ex) physically in jail, can't rob liquor stores |
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Definition
| wrongful act that injures or interferes with another's person or property. these cases are civil proceedings |
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Definition
| wrongful act that the state or federal government has identified as a crime. these cases are criminal proceedings |
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Definition
crimes that are inherently evil
ex)murder, rape, etc. |
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Definition
these are crimes because a statute says so
ex) DUI, traffic violations |
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Term
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Definition
judge-made law, the original source of law, in which one judge's court opinions formed the law, many are outdated.
ex)texas sodomy laws |
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Definition
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Definition
| 40 states that have similar definitions for crimes |
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Definition
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| administrative agency crimes |
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Definition
| regulations to protect citizens from environment (CSMMA) |
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Term
| preponderance of the evidence |
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Definition
| a more likely than not burden of proof on government in crimes to prove (51%) |
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| beyond a reasonable doubt |
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Definition
| 99% burden of proof, used in criminal cases |
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Term
| criminal liability equation |
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Definition
| actus reus (physical action)+ mens rea (mental state)+ absence of a defense |
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Term
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Definition
1.facts
2.procedural history
3.issue
4.holding/rule
5.analysis
6.concurrence
7.dissent |
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Term
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Definition
1. criminalizes an act that was not a crime when it was committed
2. increases punishment for a crime after that crime was committed
3. takes away a defense that was available to a defendant when a crime was committed |
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Term
| void for vagueness doctrine |
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Definition
the principle that statutes violate due process if they don't define a crime and its punishment clearly enough for ordinary people to know what is lawful
ex) new jersey made it illegal to be a gangster |
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Term
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Definition
fail to give warning/"fair notice"
allow arbitrary and discriminatory law enforcement |
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| void for overbreadth doctrine |
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Definition
| protects speech guaranteed by the first amendment by invalidating laws written so broadly that the fear of prosecution creates a "chilling effect" that discourages people from exercising that freedom |
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| equal protection doctrine |
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Definition
1. don't have to treat everyone exactly alike
2. different treatment must be reasonable
3. rational basis: maternity leave men v women |
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Term
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Definition
| Prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances |
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Definition
| Protects the right of individuals to keep and bear arms. The Supreme Court of the United States has ruled that the right vests in individuals, not merely collective militias, while also ruling that the right is not unlimited and does not prohibit all regulation of either firearms or similar devices |
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Definition
| Prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments, including torture. |
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Definition
| Is a legal proceeding in which a jury either makes a decision or makes findings of fact, which then direct the actions of a judge AMENDMENT 6/7 |
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| criminal sentencing rules |
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Definition
| penalty must meet the crime AMENDMENT 8 |
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Term
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Definition
| any fact that increases the penalty beyond maximum sentencing must be proven by a jury |
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Term
| constitutional right to privacy |
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Definition
| bans all governmental invasions of the sanctity of a man's home and the privacies of life |
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Term
| fundamental right to privacy |
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Definition
| a right that requires the government to prove that a compelling interest justifies invading it |
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Term
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Definition
| bans on the quartering of soldiers in private hoomes |
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Definition
| right to be secure in one's person, house, papers, and effects from unreasonable searches |
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Term
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Definition
| the enumeration in the constitution, of certain rights, shall not be construed to deny or disparage others retained by the poeple |
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| fifth and fourteenth amendment |
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Definition
| due process right to liberty |
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| abuse of discretion standard |
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Definition
| can't get an unfavorable ruling if judge doesn't say, like your father |
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Definition
| the requirement that all crimes have to include a voluntary criminal act, which is the physical element and the first principle of criminal liability |
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Definition
| criminal intent, the mental element in crime |
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Term
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Definition
1. a criminal act (all crimes)
2. criminal intent (in some crimes)
3. concurrence (in all crimes)
4. attendant circumstances (in some crimes)
5. causation |
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Term
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Definition
| require a criminal act triggered by criminal intent |
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Term
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Definition
| voluntary bodily movements |
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Term
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Definition
| the principle of criminal liability that requires that a criminal intent has to trigger the criminal act |
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Term
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Definition
| a circumstance connected to an act, an intent, and/or a bad result |
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Term
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Definition
crimes that include:
1. a voluntary act
2. the mental element
3. circumstancial elements
4. causation and
5. criminal harm |
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Term
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Definition
| requirement that mental attitudes have to turn into deeds for a crime to be committed |
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Term
| voluntariness requirement |
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Definition
only voluntary acts qualify as actus reus
1. criminal law punishes people
2. only punish people who we can blame
3. only blame people responsible for acts
4. people only responsible for voluntary acts |
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Term
| one-voluntary-act-is-enough-rule |
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Definition
| if any one part of the crime (raising the gun, etc.) is voluntary, then accidentally pulling the trigger does not become an excuse |
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Term
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Definition
| being a hooker or a gangster is not a crime. prostitution or racketeering are crimes |
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Term
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Definition
not doing something that law requires you do something
ex)doctor sees someone in need and does not help |
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Term
| types of crimes of omission |
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Definition
1. failure to report (sex offender status, etc)
2. failure to intervene (lifeguard, law enforcement, parent, etc) |
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Term
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Definition
| no duty to help someone in need |
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Term
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Definition
| possession qualifies as a criminal act |
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Term
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Definition
| actually have it on person |
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Definition
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Term
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Definition
| ex) on dashboard, both know about it |
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Definition
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Definition
| have it but don't know what it is ex) bath salts |
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Term
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Definition
| mental state of the crime |
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Term
| MPC's list of 4 mental states |
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Definition
| purposely, knowingly, recklessly, and negligently |
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Term
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Definition
| the most blameworthy mental state, "you did it on purpose" |
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Term
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Definition
| aware conduct is criminal or leads to some harm, "awareness" |
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Term
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Definition
| consciously disregarding substantial and unjustifiable risk that an average law abiding citizen wouldn't disregard |
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Term
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Definition
| person should have been aware that substantial risk could result from conduct but was not, also an average law abiding person would have |
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Term
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Definition
| liability without mens rea(ex: traffic violations, stat rape) |
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Term
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Definition
| the intent to commit the criminal act as defined in a statute |
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Term
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Definition
subjective fault, it refers to criminal intent in addition to the criminal act
\ |
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Term
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Definition
| general intent=actus reus of the crime, and the plus= some special mental element in addition to the intent |
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Term
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Definition
mens rea triggers actus reus
important that you can have the mens rea to injure but have the actus reus of murder |
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Term
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Definition
| holding an actor criminally responsible for the results of their conduct |
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Term
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Definition
| if it weren't for an actor's cause, the result wouldn't have occurred |
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Term
| legal cause (proximate cause) |
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Definition
| a cause where an act is directly connected with the resulting injury, with no intervening force |
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Term
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Definition
| an intervening act or force that the law considers sufficient to override the cause for which the original wrongdoer was responsible |
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Term
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Definition
| a defense wherever the mistake prevents the formation of any fault based mental attitude. raises reasonable doubt that the mens rea ever occurred |
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