Chapter 3: Criminal Law Flashcards
Nature and Purpose of Law
control emotions, curb behavior, and set regulations
Law
mandates/prescribes a certain behavior, product of rule creation
What is statutory law?
“law on the books”, written and codified laws
What is penal code?
written, organized, and compiled form of criminal laws
Case law
act as a guide for future decision making through interpretation, from judicial decisions
Common law
laws that orginate from usage and customs rather than written
Rule of law? Importance?
believes that society must be governed by rules that all citizens and authroties follow equally
- allowed large groups of coordinated people to work together
Elements of the Rule of law (4)
freedom of private lawlessness, due process
high degree of objectivity
legal devices for obtaining objectives
limitations of governmental power
Jurisprudence
philosophy of law, or science and study of law
4 types of laws
Civil, Administrative, Case, Procedural
Civil law (Governs who? Examples)
governs relationship among people, business, and organizations
Ex. contracts, divorces, child support
What is tort?
wrongful act or damage that does not involve a breach of contract
Administrative law (Governs who? Example?)
body of regulations that governments create control within the business
Ex. tax laws, building codes
Precedent
principle of law that ensures previous legal case decisions are considered in future similar cases
Stare decisis meaning
- standing by decided matters
requires subsequent cases of similar issue courts be bound to earlier decisions
Procedural law
specifies methods to be used in enforcing laws
5 General categories of crime
Felonies, Misdemeanors, Offenses (Infractions), Treason/Espionage, Incohate offenses
Define felonies, examples, punishment
serious crime punishable by death or incarceration in prison for at least one year
Ex. murder, rape, aggravated assault
Define misdemeanors, examples, punishment
minor crimes, incarceration of typically one year or less
Ex. petty theft, simple assault, breaking and entering
Infraction, examples, punishment
minor violation of statute/ordinance, punishable by fine
Ex. jaywalking, littering, traffic violation
Define Treason/Espionage
Treason- US citizens actions to help foreign entity overthrow, make war, or harm US (Edward Snowden)
Espionage- gathering, transmitting, or losing info related to national defense
Difference between Treason + Espionage
Treason is conducted by a US citizen, Espionage is anyone worldwide
Inchoate Offense
offense that has not yet been committed, but action or steps have been
Ex. conspiracy, attempts, solicitation
General features of crime
Actus reus, mens rea, concurrence
Actus reus
-criminal act
-person must commit voluntary act for it to be considered a crime
-point gun and threaten
Mens rea
- a guilty mind
- state of mind of the defendant at the time of the crime
- 4 levels
4 levels of mens rea
purposeful,knowing, reckless, neglient
Reckless behavior, examples
partaking in an activity that increases the risk of harm (Ex. reckless driving)
Knowing, examples
undertaking an actions with awareness (Ex. dui arrests)
Purposeful meaning
action undertaken to achieve a goal
Negligent, examples
behavior in which a person fails to perceive substantial risks of dangerous actions (Ex. leaving child in hot car)
Motive
persons reason for committing the crime, not the same as men’s rea
strict liability, examples
offense in which, even if not intentional, person does something that violates (ex. routine traffic stop)
Concurrence
requires that mens rea and actus reus occur together for a crime to take place
Causation, example
concurrence of guilty mind and criminal act may cause harm
-Shooting victim survives, dies 1 year later due to clot…. defense: defendant did not kill
Legality
states that behavior is not criminal if there is not a law defining it as criminal
Ex post facto
prohibits laws created after a crime cannot be used to punish crimes committed prior
Elements of specific criminal offense (4)
- unlawful killing
- of a human being
- intention
- planning, malice aforethought
2 aspects of corpus delicti
- certain result has been produced= crime
- person is criminally responsible for the crime
Alibi
claim that defendant did not commit crime due to them being elsewhere
Ex. photos, plane ticket, phone data
Justification
claim of moral high ground, attempting to avoid greater harm than what could have occured
Self defense
infliction of harm in order to ensure persons own safety is secure
Reasonable force in self-defense
idea that degree of force is proportional to situation
Explain resisting an unlawful arrest
states may have a law that permits civilians to use reasonable amounts of force to resist an unlawful arrest or search, IF an officer uses or attempts to use greater force than necessary
Explain “excuses”
claims that the defendant who enaged in act is not legally responsible for their actions and should not be held accountable
Duress
excuse that claims a threat or cohersion by another convinced someone to act in a way they typically would not
Mistake
excuse that states the defendant did not understand the law or fact
Involuntary intoxication
excuse that claims a person may have been tricked into consuming drugs
-spiked
-difficult to prove
