Crim Pt. 1

Question 1

Utilitarianism

Answer 1

Let bygones by bygones

• Deterrence
• Rehabilitation
• Incapacitation

Question 2

Retributivism

Answer 2

An eye for an eye

• Proportionality
• Pure Retribution

Question 3

Actus Reus

Answer 3

The Conduct of the Actor

• Omission
• Possession
• Harm
• Voluntariness

Question 4

Omission

Answer 4

Duty to take action arise when

• Statute imposes duty
• Contractual duty
• Special Relationship
• Volunteerism

Question 5

Actual Possession

Answer 5

The state of immediate, hands-on physical possession

Question 6

Constructive Possession

Answer 6

The power and intention to exercise control, or domino and control, over an object not in one’s actual possession

Question 7

Harm

Answer 7

Must result in actual harm

Question 8

Voluntary Act

Answer 8

A movement of the human body that is, in some minimal sense, willed or directed by the actor (Getting in a car, waving a gun, choosing not to pull over…)

Question 9

Involuntary Act

Answer 9

One over which the individual has no conscious control (Sleepwalking, Heart attack…)

Question 10

Status Offenses

Answer 10

• Addicts

- Compared to criminalizing thoughts without an act

Question 11

Specificity

Answer 11

Statute cannot be so vague that it leaves too much discretion to law enforcement

Question 12

Mens Rea

Answer 12

A guilty mind

• Purpose
• Knowledge
• Recklessness
• Negligence
• Lack of Culpability

Question 13

Types of Liability without Fault

Answer 13

• Substantive Strict Liability
• Formal Strict Liability
• Pure
• Impure

Question 14

Affirmative Defenses

Answer 14

• Necessity
• Self Defense
• Duress
• Insanity

Question 15

Four Goals of the Judicial System

Answer 15

• Retribution
• Deterrence
• Incapacitation
• Rehabilitation

Question 16

Impure Strict Liability

Answer 16

Liability without a culpable mental state as to at least one element

Question 17

Strict Liability

Answer 17

When there is no Mens Rea requirement

• Regulatory Crimes
• Only a violation
• Max punishment is a fine

Question 18

Mala Prohibitum

Answer 18

Bad acts that are prohibited by statute

• No Mens Rea
• Strict Liability

Question 19

Mala in Se

Answer 19

Bad in it of themselves

• Always requires Mens Rea
• No Strict Liability

Question 20

Substantive Strict Liability

Answer 20

Liability without moral fault

Question 21

Formal Strict Liability

Answer 21

Liability without a culpable mental state with respect to the act

Question 22

Pure Strict Liability

Answer 22

Liability without a culpable mental state with respect to any element of the offense

Question 23

General Intent

Answer 23

Requires to be done purposefully, knowingly, recklessly, or negligently

Question 24

Specific Intent

Answer 24

• You’re committing the act for a specific reason

- Requires an additional action of purpose

Question 25

Purposely

Answer 25

• He is aware of such circumstances or hopes they exist
• It if his conscious object … to cause such a result
• It is his conscious object to engage in conduct of that nature

Question 26

Knowingly

Answer 26

• He is aware … that such circumstances exist
• He is aware that is is practically certain that his conduct will cause such a result
• He is aware that his conduct is of that nature

Question 27

Recklessly

Answer 27

• He consciously disregards s substantial and unjustifiable risk that that material element exists
• He consciously disregards a substantial and unjustifiable risk that the material element…will result from his conduct

Question 28

Negligently

Answer 28

• He should be aware of a substantial and unjustifiable risk that the material element exists
• He should be aware of a substantial and unjustifiable risk that the material element … will result from his conduct