Chapter 3 Flashcards
defines actions that the gov. can punish
substantive criminal law
governs business deals, contracts, real estate, & civil harm
civil law
defines the rules that govern how the laws will be enforced
procedural criminal law
serious crimes, 1+ yr of prison, death penalty
felonies
less serious crimes, less than 1 yr jail, probation
misdemeanors
minor offenses, punishment small fines
civil infractions
acts of crime fulfilled
attendant circumstances
act of crime not completed; attempted or conspiracy to commit
inchoate/incomplete offenses
7 principles of criminal law
legality, actus reus, causation, harm, concurrence, mens rea, punishment
law that defines the specific action as a crime
legality
human conduct
actus reus
causal relationship between the act & the harm
causation
harm to a legally protected value
harm
intent & act present at the same time
concurrence
guilty state of mind [accident vs crime]
mens rea
provision in the law calling for punishment
punishment
actions socially acceptable
justification defenses
break law to save themselves or prevent greater harm (reasonably)
neccessity
immediate danger or serious injury calls one to defend themselves or others (reasonably)
self-defense
commit crime because they were forced to
duress (coercion)
induced by police to commit crime
entrapment
excuses crimes of children under age 7
infancy
accused made mistake in crucial fact
mistake of fact
involuntarily intoxicated
intoxication
mental illness prevented the accused from forming intent
insanity
defect of reason, disease of mind, “right from wrong test”
m’naghten rule
mental illness controlled them even though conscious of wrongdoings
irresistible impulse test
mental disease or mental defect
durham rule
not able to appreciate the criminality of the act due to mental illness or disease
model penal code’s substantial capacity test
unable to understand wrongdoing due to mental illness [burden of proof is on defense counsel; if found incompetent committed to mental hospital]
comprehensive crime control act (1984)
10 amendments added to the u.s constitution in 1791
bill of rights
case decided that bill of rights protections only applied to actions by the federal gov.
barron v. baltimore (1833)
persons born in the u.s are citizens & not to be deprived of life, liberty, or property without due process of law & afforded equal protection of the law
14th amendment
under the due process clause, added that states will provide lawyers for defendants regardless of their ability to pay
powell v. alabama (1932)
legal concept that states must meet basic standards of fairness
fundamental fairness
u.s supreme court added to due process clause: 4th, 5th, 6th, 8th amendment [due process clause applied to states]
the due process revolution (1953)
unreasonable search & seizure, search warrant, limits the ability of the police to use force to detain persons without proper justification
fourth amendment
self-incrimination, due process, indictment by grand jury, double jeopardy
fifth amendment
the right to a speedy & public trial, the right to an impartial jury, gideon v. wainwright (1963)
sixth amendment
excessive bail, excessive fines, cruel & unusual punishments
eighth amendment
citizens determine if there is sufficient evidence to move forward with a criminal prosecution
grand jury
only applies to one jurisdiction, can be tried in state & federal court for the same offense
double jeopardy
requires states to provide free attorneys to low-income defendants
gideon v. wainwright (1963)
a jury should be a cross section of the community
impartial jury
excessive bail
should be reasonable & proportionate to the alleged crime; can be denied for serious & dangerous offenses [homicide]
excessive fines
should not exceed the severity of the crime; forfeited property has been considered a fine by the courts
cruel & unusual punishments
should not be disproportionately more severe than the crime committed
