Chapter 3 Flashcards
Types of Law
Criminal Law and Civil Law
Criminal Law
Law of crime defined by statute, and it prescribes what we should do as well as what we should not do. Everyone in society is expected to follow criminal law otherwise any violations are treated as an act against the state and the individual victim.
What is crime?
Act in violation of a criminal law for which a punishment is prescribed the person must have intended to do so and have done so without legally acceptable defense of justification.
Examples: Murder, Rape, Assault, and Theft
Sources of criminal law
State and Federal constitutions, statutes, and common law
Limitations on criminal law
-Forbids the passage of laws that infringe on substantive rights of individuals (speech, assembly)
Void for vagueness
Failed to clearly define both the act prohibited and the appropriate punishment in advance
Ex Post Facto Laws
Laws that are passed after the fact; the event occurs first and then it is criminalized. (Abortion example Page 59)
Elements of criminal liability
Evident only if a criminal act exists and the intent to commit it causing harm to another. Actus reus, Mens rea, concurrence, causation, harm
Actus Reus
(Criminal Act) – There must be an act
Mens Rea
(Criminal Intent) –Guilty mind
The Model Penal Code Laws of Intent
- Purposely
- Knowingly
- Reckless
- Negligent
Concurrence
Simply the act and the intent combined and acted out
Causation
The legal principle that the criminal act is the act that in fact caused the harm
Harm
The result of the act
Strict Liability
imposes accountability without proof of criminal intent in situations where society deems it fair to do so
Vicarious Liability
Imputation of accountability from one person to another, usually the individual’s superior
Inchoate Crimes
Crimes that occur in preparation for the offense
3 Components to Inchoate Crimes
- Attempt
2 .Solication - Conspiracy
Solicitation
Intent to induce another into committing a crime
Conspiracy
Agreement between two or more people for the purpose of committing a crime
Parties to a crime
Principles, Before and after the fact
Principal 1st degree
Those who commit the act
Principals 2nd degree
Those who were present during the crime
Example: lookouts, getaways, etc.
Accessories before the fact
a. Those who were not present but who facilitated it in some way
Accessories after the fact
a. Those who aid the principals in some way after the crime has occurred
Justification Defenses
Self defense, consent, and execution of public duties
Execution of public duties
a. Allows the use of deadly force under the proper circumstances and allows police to engage in activities that are otherwise criminal if they are doing so for the purpose of their CJC efforts.
i. Undercover drug dealer
Excuses Defenses
1.) Duress
2.) Intoxication
Voluntary -You chose to do so
Involuntary-Being drugged, date raped
c. Age- Being too young, etc.
d. Insanity- Mental illness excusing criminal liability
M’Naghten Rule
The right or wrong test, meaning that the standard for insanity is realized if the defendant did not know either what he or she was doing or know that it was wrong
