Ch. 2

Question 1

The Rule of Law

Answer 1

• prevents criminal law from becoming a tool for dictators
• ex post facto
• vagueness doctrine
• common law : English legal tradition, opinions and precedents, stare decisis
• federalism and law : 54 distinct legal codes, model penal code to help provide uniformity and order

Question 2

The Elements of Crime

Answer 2

• first requirement is a guilty act: acts reus, harm done with free will, could occur in the future (attempt, solicitation, conspiracy) – inchoate crimes
• second requirement is a culpable mental state : mens rea (intent, recklessness, negligence, other mentes read)
• final requirement is causation: act must have caused actual harm, cause or proximate cause

Question 3

Strict Liability

Answer 3

crimes that don’t require mens rea (i.e. statutory rape laws; selling alcohol to minors)

Question 4

Homicide Law

Answer 4

developed out of common law, murder versus manslaughter, degrees of murder, felony-murder rule

Question 5

Defenses

Answer 5

anything a defendant uses to get acquitted or reduce punishment
three general categories (failure of proof, justifications, excuses)

Question 6

Failure of Proof

Answer 6

prosecutor failed to show defendant committed the crime beyond a reasonable doubt

Question 7

Justifications

Answer 7

given the circumstances, committing a crime was the right thing to do (self defense or necessity)

Question 8

Excuses

Answer 8

insanity (m’naughten rule, durham test, diminished capacity)

duress (can’t be used as a murder defense)