Criminal Law

Question 1

What are some of the options available to a judge issuing a sentence to convicted criminals?

Answer 1

• 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

Question 2

What is a misdemeanor?

Answer 2

Misdemeanors are crimes punishable by less than a year in prison

Question 3

What is a felony?

Answer 3

Felonies carry sentences of at least 1 year in prison all the way up to death

Question 4

What is a capital crime? (Capital Offense)

Answer 4

crimes punishable by death (or life in prison in states without the death penalty)

Question 5

What is a gross misdemeanor?

Answer 5

misdemeanors carrying a potential punishment of 6-12 months in prison

Question 6

What is a petty misdemeanor?

Answer 6

lesser misdemeanors

Question 7

What are violations/infractions/citations?

Answer 7

• a very low level crime (sometimes not even technically considered a crime) that carries no jail time.
  
  • Speeding, parking violations, littering etc.
  • Decriminalization

Question 8

What does “Actus Reus” mean?

Answer 8

the criminal act

Question 9

What does “ Mens Rea” mean?

Answer 9

criminal intent

Question 10

What does concurrence require?

Answer 10

Concurrence requires that each of these elements, the act and the state of mind, occur at the same time.

Question 11

What are some types of intent?

Answer 11

• 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

Question 12

What is general intent?

Answer 12

Crimes that care only that the defendant intended the physical action, not any result (battery)

Question 13

What is specific intent?

Answer 13

Crimes where the government must prove that the defendant intended both his actions and a particular result (e.g., murder)

Question 14

What is Murder?

Answer 14

the intentional killing of another human being

Question 15

What is 1st Degree Murder?

Answer 15

Intentional and premediated murder

Question 16

What is 2nd Degree Murder

Answer 16

Intentional but not premediated

Question 17

What is reckless homicide

Answer 17

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”

Question 18

What is involuntary manslaughter?

Answer 18

• 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

Question 19

What is felony murder?

Answer 19

Felony Murder is essentially a strict liability crime

Question 20

What is an affirmative defense?

Answer 20

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.

Question 21

What is the most prominent example of an affirmative defense?

Answer 21

Self defense

Question 22

What is the reasonable belief requirement?

Answer 22

When there exists a reasonable basis to believe that a crime is being or has already been committed.

Question 23

What are the two elements of the reasonable belief requirement?

Answer 23

• 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

Question 24

Does a mistake affect the reasonable belief requirement?

Answer 24

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.

Question 25

What does the castle doctrine say?

Answer 25

individuals have the right to use force to defend their home

Question 26

What are “stand your ground laws” ?

Answer 26

Many states also have stand your ground laws which do not require individuals to retreat before resorting to force.

Question 27

What are the factors with self defense?

Answer 27

• 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

Question 28

What are the standards for claiming insanity?

Answer 28

• 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

Question 29

What are examples of Affirmative Defenses?

Answer 29

• 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

Question 30

Who is an accomplice?

Answer 30

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.

Question 31

Who is an accessory?

Answer 31

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

Question 32

Difference between an accessory and an accomplice?

Answer 32

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.

Question 33

What is an Inchoate crime?

Answer 33

crimes that are preliminary or incomplete, coming in three types

Question 34

What are the three types of Inchoate crimes?

Answer 34

• 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

Question 35

What are the elements required to punish someone for an inchoate crime?

Answer 35

• 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)