Criminal Law Flashcards
What are some of the options available to a judge issuing a sentence to convicted criminals?
- Imprisonment
- Monetary Fines
- Probation – a period of imprisonment issued but suspended so long as an offender reports to a probation officer, and adheres to other rules
- Intermediate Sanctions – house arrest, community service, restitution, etc.
-
Death
- Not an option in all states, or for all crimes or offenders
What is a misdemeanor?
Misdemeanors are crimes punishable by less than a year in prison
What is a felony?
Felonies carry sentences of at least 1 year in prison all the way up to death
What is a capital crime? (Capital Offense)
crimes punishable by death (or life in prison in states without the death penalty)
What is a gross misdemeanor?
misdemeanors carrying a potential punishment of 6-12 months in prison
What is a petty misdemeanor?
lesser misdemeanors
What are violations/infractions/citations?
- a very low level crime (sometimes not even technically considered a crime) that carries no jail time.
- Speeding, parking violations, littering etc.
- Decriminalization
What does “Actus Reus” mean?
the criminal act
What does “ Mens Rea” mean?
criminal intent
What does concurrence require?
Concurrence requires that each of these elements, the act and the state of mind, occur at the same time.
What are some types of intent?
- All crimes requiring proof of intent fall into one of the following 4 categories:
- Purposely – “on purpose” or “deliberately.” Essentially, specific intent. The defendant intended to engage in certain conduct and/or cause a particular result
- Knowingly – where an individual is “aware” that circumstances exist, or that a particular result is practically certain.
- Recklessly – Disregarding a known danger
- Negligently – failing to investigate the possibility of danger
- Sometimes, no intent is required at all: strict liability
What is general intent?
Crimes that care only that the defendant intended the physical action, not any result (battery)
What is specific intent?
Crimes where the government must prove that the defendant intended both his actions and a particular result (e.g., murder)
What is Murder?
the intentional killing of another human being
What is 1st Degree Murder?
Intentional and premediated murder
What is 2nd Degree Murder
Intentional but not premediated
What is reckless homicide
Reckless homicide occurs when an individual kills another person as a result of “deliberate perpetration of a knowingly dangerous act with reckless unconcern and indifference as to whether anyone is harmed or not”
What is involuntary manslaughter?
- the killing of another human being as the result of criminal negligence
- Criminal negligence is a gross deviation from the standard of care that a reasonable person would practice
- The negligence in this case must be gross (severe) not ordinary everyday negligence
What is felony murder?
Felony Murder is essentially a strict liability crime
What is an affirmative defense?
An affirmative defense is a defense in which the defendant introduces evidence, which, if found to be credible, will negate criminal liability or civil liability, even if it is proven that the defendant committed the alleged acts.
What is the most prominent example of an affirmative defense?
Self defense
What is the reasonable belief requirement?
When there exists a reasonable basis to believe that a crime is being or has already been committed.
What are the two elements of the reasonable belief requirement?
- Subjective element: The defendant actually believed that he was in danger of attack resulting in serious bodily injury or death
- Objective element: A reasonable person in the same circumstances would
Does a mistake affect the reasonable belief requirement?
No, If a person has an honest and reasonable belief that they are about to be stabbed, it is not relevant if they later find out the knife their attacker held was a movie prop, incapable of dealing harm.
What does the castle doctrine say?
individuals have the right to use force to defend their home
What are “stand your ground laws” ?
Many states also have stand your ground laws which do not require individuals to retreat before resorting to force.
What are the factors with self defense?
-
Aggressor: individuals who initiate violence cannot claim self-defense
- unless he is not using deadly force but is confronted with deadly force.
- And maybe retreats first
- Imperfect Self-Defense: when an individual honestly but unreasonably believes that he faces a situation calling for self defense and intentionally kills another person some states reduce this charge to manslaughter
What are the standards for claiming insanity?
- The defendant knew right from wrong
- The defendant knew what he was doing
- The defendant could control his actions
- Does not require a diagnosis
- Defendants found Not Guilty by Reason of Insanity are not just released
What are examples of Affirmative Defenses?
- Self Defense
- Insanity
- Intoxication – only if its involuntary
- Age - the very young cannot form intent
- Duress – threats by others
- Entrapment – police coercion / improper temptation
- Necessity – breaking the law to prevent greater harm
- Consent – only if it negates an element of the crime
Who is an accomplice?
someone who is involved before or during the commission of the crime
Accomplices can all be convicted of the main crime. So the getaway driver is just as responsible for the bank robbery as the person who holds the gun.
Who is an accessory?
someone who assists an offender after a crime
- Accessories, on the other hand, are viewed as committing separate, less serious offenses. They are typically only punished with misdemeanor level sentences
- But they must actually assist just being present while someone else commits a crime is not enough
Difference between an accessory and an accomplice?
An accessory means providing assistance or aiding someone who has committed a criminal act without directly partaking in its commission; an accomplice actively joins their crime companion to commit it together.
What is an Inchoate crime?
crimes that are preliminary or incomplete, coming in three types
What are the three types of Inchoate crimes?
- Attempt – an unsuccessful effort to commit a crime
- Conspiracy – an agreement to commit a crime + an overt act in furtherance of the agreement
- Solicitation – persuading another individual to commit a crime
What are the elements required to punish someone for an inchoate crime?
- A specific intent/purpose to commit a crime
- An act to carry out that purpose
- For solicitation – the asking is the action. You’re guilty when you make the request (like hiring a hitman)
