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CRIM > Crim in General > Flashcards

Crim in General Flashcards

1
Q

ELEMENTS of every crime

A

Actus Reus + Mens Rea + Causation = Crime

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2
Q

SOURCES OF CRIMINAL LAW

A

A. State Governments

B. Federal Government

C. Model Penal Code

D. Common Law

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3
Q

Two Theories of Justifications for Punishment

A

Consequentialists & Non-Consequentialists

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4
Q

Consequentialists main beliefs

& Primary consequestialist theory of punishment

A

Actions are morally right only if they result in desirable consequences

o Utilitarianism: primary consequentialist theory of punishment

  • Look forward at the predictable effects of punishment on the offender and/or society
  • Focus on Deterrence – punishment is justifiable if, but only if, it is expected to result in a reduction of crime
  • Focus on Rehabilitation – Another form of utilitarianism is rehabilitation (or reform).

• Examples of rehabilitative “punishment” include: psychiatric care, therapy for drug addiction, or academic or vocational training.

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5
Q

Non-consequentialists beliefs

and primary theory

A

Acts are morally right or wrong within themselves, regardless of consequence

Retributivism: primary NC theory of punishment

  • Look backwards at the harm caused by the crime and attempt to calibrate the punishment to the crime
  • A criminal is punished because he deserves it.
  • There is no exterior motive like deterring others or protecting society
  • The goal is to make the defendant suffer in order to pay for his crime
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6
Q

• Denunciation (Expressive Theory)

Punishment is justiied_ _

Has_ _ and_ _ components

A

Holds that punishment is justified as a means of expressing society’s condemnation of a crime –

Has both Utilitarian and Retributive components

  • Under a utilitarian theory, denunciation is desirable because it educates individuals that the community considers specific conduct improper, channels community anger away from personal vengeance, and serves to maintain social cohesion.
  • Under a retributive theory, denunciation serves to punish the defendant by stigmatizing him.
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7
Q

Utilitarianism

Justified because…

Three reasons

A
  • Benefits society
  • Deter future evils
  • Balancing benefit to society the harm to the individual
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8
Q

Retributivism

Justified because…

A
  • B/c they committed a crime, they deserve it, debt to society
  • Prevents private vengeance
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9
Q

Utilitarianism

Human Beings…

A
  • Are rational calculators b/c
  • Weigh cost of punishment v. benefit of the crime
  • Pleasure seekers, pain avoiders
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10
Q

Retributivism
Human Beings…

A

• Have Free Will to commit wrongs, violate social contracts

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11
Q

Utilitarianism

Deterrence

A
  • General: punishment serves as a lesson to the rest of the community
  • Individual/Specific: incapacitates or rehabilitates
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12
Q

Retributivism

Deterrence

A
  • Non issue
  • It doesn’t matter if punishment reduces crime
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13
Q

Utilitarianism

PROS

A
  • Deterrence
  • Rehabilitation
  • Forward-looking
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14
Q

Retributivism

PROS

A
  • Prevents private vengeance
  • Respects the personhood of the criminal
  • Restores societal balance
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15
Q

Utilitarianism

Criticisms

A
  • Could punish an innocent person
  • Could punish more severely in order to deter
  • Rehab doesn’t work
  • Treatment avoids justice- just think a/b how to cure criminal from “sickness”, not a/b what they deserve
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16
Q

Retributivism

Criticisms

A

• Vengeful
• Glorifies anger
• Based on emotion vs. logic/reason
Does not take into account extenuating circumstances (for example: mental incapacity, societal benefit)

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17
Q

Utilitarianism

Proportionality-
8th Amendment- not explicitly stated

A

• Benefit to society vs. Cost of punishment (society’s perspective)

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18
Q

Proportionality-

8th Amendment- not explicitly stated
Retributivism

A
  • Offense vs. Sanction
  • Punishment should fit the crime
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19
Q

Utilitarianism

Mens Rea

A
  • Pros: grounds for deterrence
  • Cons: High burden on the prosecution, leave many would-be wrongdoer w/out conviction
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20
Q

Retributivism

Mens Rea

A
  • Morally unjust to punish if accidentally cause the social harm
  • Should not attach stigma to one who ahs acted w/out a culpable mind
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21
Q

Utilitarianism

Actus Reas

A

• No purpose/can’t deter if there wasn’t a voluntary act or omission

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22
Q

Retributivism

Actus Reas

A

• If didn’t freely violate the social contract/commit the crime, then you shouldn’t be punished (don’t deserve the moral stigma)

23
Q

Utilitarianism

Strict Liability

A

• Promote acting with greater caution when engaged in dangerous activities OR deter people from engaging in such activities at all

24
Q

Retributivism

Strict Liability

A

• If don’t choose to commit the wrong and who is not otherwise morally blameworthy, does not deserve to be punished

25
Q

US Goals of Punishment

Utilitarianism

A
  • Deterrence
  • Denunciation/Condemnation (moral stigma)
  • Protection to the public/ Incapacitation
  • Rehabilitation
26
Q

Retributivism

US Goals of Punishment

A

• Retribution

27
Q

Theory of Punishment:

General Deterrence

A

Punishment to deter others from committing a crime
Problems: can cause a more disciplined criminal to take greater precautions or switch to safer crimes

Cases:

People v. Suitte: D charged with possession of a deadly weapon under NY’s strict gun laws.

• Judge said strict gun law’s purpose was to deter. Cannot reduce sentencing, would send a bad message. “short definite period of confinement has been seen as the most effective method of deterrence”

28
Q

Thoery of Punishment:

Specific Deterrence

A

Punishment to deter the D from committing the crime again
• Jail time can change D’s behavior, scarring him from coming back
• The aging process while in jail itself can make work as a specific deterrent

Problems:
• Memory is a decaying sense, ex-prisoners can forget the experience and return to their old ways
• Jail can make a criminal a better, more cautious criminal once released
• Jail can be a safer, better environment than the streets for some people

29
Q

Theory of Punishment:

Retribution

A

Reforming the D through counseling, hopes to enlighten the criminal

Proportional: punishment needs to be proportionate to the crime

30
Q

Theory of Punishment:

Incapacitation

A

Incarceration to keep D away from society

Problems: Incarceration does not mean incapacitation.
• Even while incarcerated prisoners can find weapons, drugs, kill other prisoners, join gangs

31
Q

Thoery of Punishment:

Rehabilitation

A

Convert D from a criminal into a law abiding citizen

32
Q

Rule of Leity

A
  • All doubts when reading a criminal statute should be resolved in favor of the D
  • Recognizes of the important liberty interests at stake and the presumption of innocence
  • Reflect basic principles of fairness
  • Doctrine of last resort

United States v. Dauray:

  • Court applies Rule of Lenity: “other matter,” being a picture, does not in itself “contain” a visual image.
  • Court cannot guess the congressional intent of the ambiguity
33
Q

Textual rules:

• Noscitur a Sociis

A

“In reference”

• Meaning of terms or phrases can be determined on the basis of its context with the words/phrases around it

34
Q

Textual rules

Ejusdem generis

A

“Of the same kind”

  • Where a law lists specific classes of persons or things and then refers to them in general, the general statements only apply to the same kind of persons or things specifically listed
  • Example: if a law refers to automobiles, trucks, tractors, motorcycles and other motor-powered vehicles, “vehicles” would not include airplanes, since the list was of land-based transportation.
35
Q

FOURTEENTH AMENDMENT DUE PROCESS

Void For Vagueness Doctrine

A

Statute violate due process clause when it to give a person of ordinary intelligence fair notice that:

o His conduct is forbidden by the statute and
o It encourages erratic arrests and convictions

36
Q

Due Process Clause of the Fifth and Fourteenth Amendments:

Imposes liability on….

A

Legislatures!!! to draft statutes that are clear and understandable

Serves Two Purposes:

    1. Providing fair notice to citizens of what conduct is prohibited
    1. Limiting police discretion to arrest and jury discretion to imprison people they don’t like

• “Would be dangerous if the legislature could set a net large enough to catch all possible offenders, and leave it to the courts to say who could be rightfully detained, and who should be free”

37
Q

• Eighth Amendment protects from …..

A

Cruel and unusual punishment bitches!!!!

Narrow Proportionality Principal: applies to noncapital cases

  • Outside the context of capital punishment, successful challenges to the proportionality of particular sentences have been exceedingly rare
  • Scalia says principle is an aspect of death penalty jurisprudence, not a generalizable aspect of Eighth Amendment law, only applies to capital punishment cases
  • Kennedy says it applies to noncapital cases as well
38
Q

• Equal Protection Clause of the Fourteenth Amendment applies to the federal government through….

A

the Fifth Amendment Due Process Clause!!!

Prohibits each state government from denying to any person within its jurisdiction the equal protection of the laws

39
Q

• ELEMENTS OF A CRIME

A
  1. Actus Reus
  2. Mens Rea
  3. Causation
  4. Concurrence between 1 and 2
40
Q

PRINCIPLES OF ACTUS REAS

A person cannot be convicted solely…

A

On his thoughts

Must have committed a social harm

41
Q

PRINCIPLES OF ACTUS REAS

Act must not have been

A

Compelled or committed by the government

42
Q

PRINCIPLES OF ACTUS REAS

Act must be

A

Voluntary

43
Q

• PRINCIPLES OF ACTUS REAS

Cannot be criminal liable for an omission unless

A

the person who failed to act had a legal duty to act

44
Q

• PRINCIPLES OF ACTUS REAS

. are unconstitutional

A

Status Crimes Mother Fucker!!!

45
Q

Common Law:

Three Ingredients of Actus Reas

A

1) Voluntary or Involuntary Act
2) That Causes
3) Social Harm

46
Q

Fourteenth Amendment Due Process:

Void For Vagueness Doctrine

A

• Void for Vagueness: Statute violates due process clause when it fails to give, to a person of ordinary intelligence, fair notice that:

  1. His conduct is forbidden by the statute and
  2. It encourages erratic arrests and convictions
47
Q

MPC:

Three Types of Actus Reas Elements of a Statute

A
  1. Conduct
  2. Result
  3. Circumstances
48
Q
A
49
Q

Acting Voluntarily v. Involuntarily:

The Unconsciousness Defense

A

A person cannot be convicted of a crime unless he commits a voluntary (volitional) act that causes social harm.

50
Q

Volitional v. Non-volitional Acts

A
  • Non-volitional Acts: result of mere physiological bran activity, examples: spasms, seizures, sleep movements
  • Volitional Acts: have an extra more sophisticated thought process that goes into the “decision” to act. The actor causes the bodily motion

• Habitual acts can be considered volitional even if the actor is unaware of what he is doing as he does it, consciousness as a matter of degree
Some times people don’t notice the fact that they are aware of everything except for themselves.

51
Q

• Five situations where a legal duty to act is imposed by law:

A

1) When there is a special relationship between D and victim
• Parent child, husband wife…

2) When D enters into a contract requiring him to act
• Employment contract of a lifeguard

3) When there’s a statutory duty to act
• Nightclub owner has a duty to provide safety exits

4) When D creates the risk of harm to the victim
• Dog owner lets dog run free in the park, knows it is dangerous

5) When D voluntarily assumes care of a person needing help
• A person may voluntarily assume the care of a helpless human being and will be held to be under an implied legal duty to care for and protect the person
• Person doing CPR cant stop half way through and walk away

52
Q

Good Samaritan Laws

In General

A

Our laws are “do not” laws. Seldom require anyone to do anything

• Ex. David Cash could have stopped the brutal sexual assault and strangulation of a 7 year old girl in a Nevada casino, was not legally forced to do so

Arguments for Good Samaritan Laws:

• They encourage people to do the right thing

Arguments against Good Samaritan Laws:

  • They turn us into “informants on each other”
  • Long established American legal precedent that you don’t have a duty to help your neighbor
53
Q

Status Crimes, Acting v. Having a Status

  1. Robinson v. California
  2. Powell v. Texas
  3. Jones v. Los Angeles
A
  1. Robinson: Robinson was convicted under a California statute that made it an offense for a person to “be addicted to the use of narcotics.” The Supreme Court struck down the statute on Eighth and Fourteenth Amendment grounds.
    The Court held that, although a legislature may use criminal sanctions against specific acts associated with narcotics addiction (the unauthorized manufacture, sale, purchase, or possession of narcotics) it could not criminalize the status of being an addict, which the Court analogized to other illnesses.
  2. Powell: Powell was charged with violating a Texas statute that prohibited drunkenness in a public place.
    • Powell argued that he was a chronic alcoholic and was unable to prevent appearing drunk in public and sought relief under the reasoning of Robinson.
    • The Court upheld his conviction, distinguishing the case from Robinson on the ground that Powell was being punished for the act of public drunkenness and not for his status as a chronic alcoholic.
  3. Jones: statute made it illegal for homeless people to sleep in or on the streets
    • Law is unconstitutional as it applies to the homeless, not to everyone though
    • Not making a facial challenge, just unconstitutional to apply to the homeless because they have no other choice
    • Statute criminalizes involuntary conduct based on status
    • Court rules unconstitutional because there are no other options
54
Q
A

CRIM (8 decks)

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