Criminal Law Flashcards
2 sources of criminal law
Common Law and MPC
Proof requirement for crim
beyond a reasonable doubt
Two defense strategies
Prima facie case defense; Raise affirmative defense
create a reasonable doubt about some element of the crime; does not necessarily need to present evidence to win (poke holes)
Prima facie case defense
Admit to basic crime, argue for acquittal based on extenuating circumstances (self-defense for murder charge)
Raising affirmative defense
2 standards of review
Directed verdict standard; appeal based on sufficiency of evidence
whether the prosecution has introduced sufficient evidence such that a rational jury could decide that the prosecution has proved its case beyond a reasonable doubt
directed verdict standard
whether a rational jury could have on the evidence presented, found the D guilty beyond a reasonable doubt
Appeal based on sufficiency of the evidence
These people believe that punishment rests on utilitarianism
Consequentialists
These people believe the primary punishment is retributivism and attempt to calibrate punishment to crimes
Nonconsequentialists
4 principal objectives of punishment
deterrence, rehab, retribution, isolation
2 types of deterrence
General: make an example
Individual: scare em straight
Begin with this in statutory interpretation
plain meaning
4 canons of statutory construction
Lists, Statutory structure, statutory amendment, avoid absurdity
Apply this in all statutes for D
lenity
Most crimes consist of these 4 elements
Voluntary act or omission that results in social harm
Mens rea
Chain of causation to actions and social harm
Concurrence between actus reus and mens rea
When are omissions punishable?
Related to it, paid for it, lawful to it, created it, assumed it
4 mental states of MPC
Purposely, Knowingly, Recklessly, Negligently (PKRN)
