Crim Law Midterm Flashcards by Jeremy Duarte

Rule of Law

A system of self-government in which all persons, including the government, are accountable under the law

A system based on fair, publicized, broadly understood and stable laws

A fair, robust, and accessible legal process in which rights and responsibilities based in law are evenly enforced

Diverse, component, and independent lawyers and judges

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The Reasonable Doubt Standard
Definition

The highest standard of proof in the legal system. It requires the prosecution to prove each element of the offense to such a degree that a reasonable person would have no doubt about the defendant’s guilt.

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The Reasonable Doubt Standard
Due Process Clause

protects the accused against conviction except upon proof beyond reasonable doubt of every fact necessary to constitute the crime charged. (In re Winship, US Supreme Court 1970) [Defendant charged with larceny and incorrectly applied “preponderance of evidence” standard]

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The Reasonable Doubt Standard
Scope of Application:

The reasonable doubt standard applies to each element of the crime: actus reus (the criminal act), mens rea (the mental state), and causation.

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The Reasonable Doubt Standard
Burden of Proof:

The prosecution carries the entire burden of proof and must meet the reasonable doubt standard in both jury trials and bench trials.

The defendant is presumed innocent until this burden is met.

The burden of proof can shift to the defendant. (Patterson v. New York, US Supreme Court 1977) [walked in on wife semi-undressed with another, shot and killed the other man, charged with second degree murder and claimed defense of extreme emotional disturbance. The burden of persuading this was shifted to the defendant.]

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Punishment (why particular acts define as crimes, theories of punishment & alternative punishment, policy objective)
Purposes of Punishment:
Retribution

Focuses on punishment as a form of moral desert, where the defendant gets what they deserve for committing a crime.

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Punishment (why particular acts define as crimes, theories of punishment & alternative punishment, policy objective)
Purposes of Punishment:
Deterrence:

General Deterrence: Aims to discourage the public from committing crimes by making an example of the defendant.
Specific Deterrence: Focuses on discouraging the defendant from committing future crimes.

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Punishment (why particular acts define as crimes, theories of punishment & alternative punishment, policy objective)
Purposes of Punishment:
Incapacitation

Prevents the defendant from reoffending by physically removing them from society (e.g., imprisonment).

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Punishment (why particular acts define as crimes, theories of punishment & alternative punishment, policy objective)
Purposes of Punishment:
Rehabilitation

Focuses on reforming the defendant to reintegrate them into society as a law-abiding citizen.

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Punishment (why particular acts define as crimes, theories of punishment & alternative punishment, policy objective)
Types of Punishment:

Incarceration: The most common form of punishment, varying from short-term jail sentences to long-term imprisonment.

Fines: Monetary penalties that vary depending on the severity of the crime.

Probation: Supervised release that comes with conditions such as maintaining employment, not committing new offenses, and attending rehabilitation programs.

Community Service: Court-ordered work meant to benefit the community.

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Punishment (why particular acts define as crimes, theories of punishment & alternative punishment, policy objective)
Proportionality and the Eighth Amendment:

Punishment must be proportional to the crime committed, and excessively harsh penalties may violate the Eighth Amendment’s prohibition on cruel and unusual punishment.

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Structure of Criminal Statutes / Proper Articulation of Elements
MPC §1.13:

Element of Offense: Liability can involve conduct, circumstances, or results that are required by law.

Material Element: An element relates to preventing harm or providing justification/excuse for the conduct.

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Structure of Criminal Statutes / Proper Articulation of Elements
MPC §2.01:

Voluntary Act Requirement: Liability requires a voluntary act or omission (if a duty exists). Actions like reflexes, unconsciousness, or hypnosis are not voluntary acts.

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Martin v. State (Voluntary Act/Intoxication):

A voluntary act is necessary for criminal liability. Martin was taken by police to a public place while intoxicated, and because his appearance wasn’t voluntary, he lacked the mens rea to be convicted.

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People v. Newton (Voluntary Act/Unconsciousness):

A person cannot be liable if they act while unconscious. Newton, who shot a police officer while unconscious, couldn’t be held responsible for his involuntary actions.

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Jones v. U.S. (Omissions/Legal Duty):

A person can be liable for failing to act if they have a legal duty. Jones was found guilty for neglecting the children in her care due to her contractual duty to care for them.

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Pope v. State (Omissions/Legal Duty):

Legal duty is required for criminal liability from an omission. Pope was not held liable for failing to stop a mother from harming her child because no legal duty applied to her.

Barber v. Superior Court (Doctors’ Omissions/Legal Duty):

Withdrawing life support is considered an omission, not an act. Doctors aren’t criminally liable for ceasing treatment if there is no legal duty to continue care.

Regina v. Dudley and Stephens (Necessity Defense):

Necessity is not a defense to murder. Dudley and Stephens were punished for killing a cabin boy to survive, and the court rejected their necessity defense.

Mens Rea — Culpable State of Mind
Definition

The state of mind or mental element required for a criminal offense. Different crimes require different levels of intent.

Mens Rea — Culpable State of Mind
Common Law Mens Rea Categories:

Intent
Knowledge
Recklessness
Negligence

Common Law Mens Rea Categories:
Intent

The desire to bring about a specific result or engage in a specific conduct.

Common Law Mens Rea Categories:
Knowledge

Awareness that certain conduct will likely bring about a particular result.

Common Law Mens Rea Categories:
Recklessness

Consciously disregarding a substantial and unjustifiable risk of harm.

Common Law Mens Rea Categories: Negligence

Failing to be aware of a substantial risk that a reasonable person would have perceived.

Actus Reus (Voluntary Acts and Omissions) Voluntary Acts: Definition

A voluntary act is a conscious and deliberate movement that forms the physical component of the crime. Reflexive or involuntary actions do not satisfy this requirement.

Voluntary Acts: Definition Involuntary Acts

Acts committed during unconsciousness, seizures, or while being physically forced do not establish criminal liability. Example: If a person suffers a seizure while driving and causes an accident, this may not constitute a voluntary act.

Actus Reus (Voluntary Acts and Omissions) Omissions General Rule:

There is no criminal liability for failing to act unless there is a legal duty to act.

Actus Reus (Voluntary Acts and Omissions) Omissions Legal Duties to Act: Statutory Duty

Arises from a specific law, such as the duty to file taxes.

Actus Reus (Voluntary Acts and Omissions) Omissions General Rule Legal Duties to Act: Contractual Duty:

If a person has agreed by contract to perform a certain duty (e.g., a lifeguard), failure to act may result in liability.

Actus Reus (Voluntary Acts and Omissions) Omissions: Legal Duties to Act: Special Relationships:

Parents have a duty to protect their children; spouses may have a duty to protect one another.

Actus Reus (Voluntary Acts and Omissions) Omissions: Legal Duties to Act: Voluntary Assumption of Care:

If a person voluntarily takes on the responsibility of helping someone, they may be liable if they abandon them in a worse situation.

Actus Reus (Voluntary Acts and Omissions) Omissions Legal Duties to Act: Creation of Peril

If a person creates a dangerous situation, they have a duty to mitigate the harm.

Culpable Mental States (Recklessness, Knowingly) Recklessness

Definition: Acting with a conscious disregard of a substantial and unjustifiable risk that constitutes a gross deviation from the standard of care. Key Element: The defendant is aware of the risk but chooses to ignore it.

Culpable Mental States Knowingly Definition

The defendant is aware that their actions are practically certain to cause a particular result.

Willfully/ Willful Blindness Willfully Definition

More intent where the defendant acts deliberately with knowledge that their conduct is unlawful.

Willfully/ Willful Blindness Willful blindness

purposely not knowing is the same as knowing

Willfully/ Willful Blindness Subjective Awareness:

The defendant must be aware of a high probability of the illegal activity or fact.

Willfully/ Willful Blindness Deliberate Avoidance:

The defendant took active steps or made a conscious effort to avoid confirming the illegal nature of the situation.