Criminal Law Flashcards

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1
Q

2 sources of criminal law

A

Common Law and MPC

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2
Q

Proof requirement for crim

A

beyond a reasonable doubt

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3
Q

Two defense strategies

A

Prima facie case defense; Raise affirmative defense

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4
Q

create a reasonable doubt about some element of the crime; does not necessarily need to present evidence to win (poke holes)

A

Prima facie case defense

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5
Q

Admit to basic crime, argue for acquittal based on extenuating circumstances (self-defense for murder charge)

A

Raising affirmative defense

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6
Q

2 standards of review

A

Directed verdict standard; appeal based on sufficiency of evidence

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7
Q

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

A

directed verdict standard

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8
Q

whether a rational jury could have on the evidence presented, found the D guilty beyond a reasonable doubt

A

Appeal based on sufficiency of the evidence

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9
Q

These people believe that punishment rests on utilitarianism

A

Consequentialists

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10
Q

These people believe the primary punishment is retributivism and attempt to calibrate punishment to crimes

A

Nonconsequentialists

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11
Q

4 principal objectives of punishment

A

deterrence, rehab, retribution, isolation

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12
Q

2 types of deterrence

A

General: make an example
Individual: scare em straight

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13
Q

Begin with this in statutory interpretation

A

plain meaning

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14
Q

4 canons of statutory construction

A

Lists, Statutory structure, statutory amendment, avoid absurdity

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15
Q

Apply this in all statutes for D

A

lenity

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16
Q

Most crimes consist of these 4 elements

A

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

17
Q

When are omissions punishable?

A

Related to it, paid for it, lawful to it, created it, assumed it

18
Q

4 mental states of MPC

A

Purposely, Knowingly, Recklessly, Negligently (PKRN)