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Crim Law > Chapter 1: Sources and Limits of Crim Law > Flashcards

Chapter 1: Sources and Limits of Crim Law Flashcards

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1
Q

what are the 3 elements of a crime

A

Actus reus + mens rea + Causation

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2
Q

conduct which, if duly shown to have taken place, will incur a formal & solemn pronouncement of the moral condemnation of the community

A

crime

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3
Q

what are the 4 sources of criminal law

A

Constitution - state and federal
common law
Legislative - statutes
MPC

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4
Q

what is the standard for many defenses in the. pre-trial process

A

clear & convincing

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5
Q

what is the standard for prosecutors

A

BARD

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6
Q

what is the standard burden of proof

A

probable cause

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7
Q

From highest level to lowest, list the pre-trial standard

A

BARD
clear & convincing
Preponderance of the Evidence
Probably Cause
Reasonable Suspicion

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8
Q

what is reasonable suspicion

A

level of doubt that one can be detained at; stop and frisk happens here

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9
Q

Court doesn’t address PC unless…..

A

law enforcement makes an arrest on the spot

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10
Q

Starting at 1st step, what are the 7 steps of Pre-trial

A

report crime or LE observes crime
arrest - P.C.
Preliminary hearing
Information/Indictment
pretrial motions/discovery
plea bargaining
jury selection

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11
Q

what are the 4 steps after pre-trial

A

prosecutor makes opening statement & presents case in chief
defense makes opening statement
defense asks for directed verdict (again)
both sides give closing arguments

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12
Q

what is a directed verdict

A

ruling by a trial judge taking a case from the jury because the evidence will permit only one reasonable verdict

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13
Q

when should defense move for directed verdict

A
  1. after prosecution gives their opening statement and rests
  2. before defense gives the opening statement
  3. after the defense rests after giving relevant defenses and prosecution cross-examines
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14
Q

when does the trial begin to take place

A

@ jury selection

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15
Q

what is the model penal code (MPC)

A

criminal code drafted and proposed by ALI, adopted in 1962, and used as basis for criminal law reform by many states

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16
Q

(?) for the insanity defense, stating a person is not criminally responsible for an act if, as a result of mental disease or defect, person lacks SUBSTANTIAL capacity either to appreciate the criminality of the conduct or to conform the conduct to the law

A

MPC test

17
Q

what is the 4th Amendment

A

protection from unreasonable search and seizure
can’t be arrested without PC

18
Q

what is 8th Amendment

A

No person shall be subject to “cruel and unusual punishment”

19
Q

federalism

A

each state is a sovereign authority, coexistence of state and federal govt’s with each state having their own constitution

20
Q

separation of powers

A

judges generally believe they should defer to the wishes of the public, not the legislature, when determining constitutionality of criminal statutes. Results in party attacking the constitutionality of the statute to specifically prove the unconstitutionality

21
Q

where can you find the Due Process Clause

A

14th Amendment

22
Q

what is the Due Process Clause

A

prohibits states from denying citizens “equal protection of the laws”

23
Q

what is the 6th Amendment

A

right to a speedy trial and public trial by an impartial jury

24
Q

what is job of grand jury

A

determine charges

25
Q

what is job of petit jury

A

determine guilt or innocence

26
Q

what is voir dire

A

exam done during pre-trial to exclude any jurors that are biased or partial (basically this is jury selection)

27
Q

when does a trial begin

A

after jury selection

28
Q

jury nullification

A

when jury believes prosecution has proven guilt BARD, they can STILL acquit

29
Q

What is the 5th Amendment Double Jeopardy Clause

A

“no person shall be subject for the same offense to be twice put into jeopardy” and prohibits gov’t from re-prosecuting a defendant after jury acquittal

Crim Law (5 decks)

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