Criminal Law

Question 1

Criminal Law

Answer 1

instances in which a wrongdoer is prosecuted by the state for harming the welfare of another

Question 2

Goals of criminal law

Answer 2

to deter others from comitting crimes
to punish those who have committed a crime
to rehabilitate those who have committed a crime

Question 3

Bills of attainder

Answer 3

legislation that imposes punishment with out trial

Question 4

ex post facto laws

Answer 4

prohibits legislators from enacting law that retroactively criminalizes behavior

Question 5

8th amendment

Answer 5

excessive bail should not be required, nor should excessive fines be imposed, nor should cruel and unusual punishment be inflicted.

Question 6

vaugueness

Answer 6

constitutional rule that requires criminal laws to explicitly state what sort of conduct is punishable

Question 7

burden of proof

Answer 7

accrued to the state, never the defendant

Question 8

Actus Reus

Answer 8

Guilty act; physical acts that make up elements of a crime

Question 9

mens rea

Answer 9

guilty mind; intention or knowledge of wrongdoing

Question 10

culpability

Answer 10

an individual’s legal responsibility for a criminal act

Question 11

Recklesness

Answer 11

state of mind in which a person disregards risk

Question 12

purpose

Answer 12

carries the highest degree of guilt, an individual acts with intent with respect to the nature of his conduct

Question 13

knowledge

Answer 13

aware actions will have certain results bu doesn’t seem to care

Question 14

negligence

Answer 14

mildest form of criminal culpability; individual fails to meet a reasonable standard of behavior for given circumstance

Question 15

Morrisette v. US

Answer 15

court held that morrisett lacked the mens rea to be convicted

Question 16

regina v. faulkner

Answer 16

the defendant was charged with larceny (for stealing rum) and arson (for consequently setting ship on fire) but the court held that he was only guilty of larceny, because his only intention in using the lighter was to assist in stealing the rum

Question 17

ignorance of the law is no excuse

Answer 17

the law is public; statutes are published publically
you can’t make everyone aware of the law
criminals dont have to subjectively know it exists

Question 18

Salm v Helm

Answer 18

Helm wrote fraudulent check and it was his seventh conviction; he was sentenced to life without parole for a nonviolent felony. The court held this was a violation of the 8th amendment

Question 19

proportionality

Answer 19

compare nature/gravity of offense to harshness of punishment
compare sentences imposed on other criminals in the same jurisdiction
compare sentences for same crime in other jurisdictions

Question 20

1st degree

intentional

Answer 20

premeditated/deliberate

Question 21

2nd degree

intentional

Answer 21

unprovoked/impulsive

Question 22

voluntary manslaughter

intentional

Answer 22

adequate provocation/heat of passion; perpetrator had no chance of cooling off

Question 23

Felony Murder

unintentional

Answer 23

death occurs during the course of inherently dangerous felony

Question 24

Involuntary manslaughter

unintentional

Answer 24

negligence, gross negligence

Question 25

# Source of criminal law Nullem Crimen, nulla poena sine lege

Answer 25

there can be no crime and no punishment without intervention of the law

Question 26

# Source of criminal law Religion

Answer 26

law was divinely revealed

Question 27

# Source of criminal law Common Law

Answer 27

court made law; commonly applied to all

Question 28

# source of criminal law State legislature

Answer 28

states have police powers, meaning they have the ability to create law for the welfare of the citizenry | federal government does not have this power

Question 29

# Source of criminal law Model Penal Code

Answer 29

only exists in few states, states do not need to adopt it can be followed but not mandatory

Question 30

Misdemeanor

Answer 30

any crime for which you can be punished for less than a year

Question 31

Felony

Answer 31

any crime for which you can be imprisoned for over a year

Question 32

infraction

Answer 32

punishment is usually a fine (traffic ticket)

Question 33

Classification of crime based on harm | to persons

Answer 33

Murder Manslaughter Negligent homicide

Question 34

Assault

Answer 34

threat of impermissible touching with present and aparent ability to do so

Question 35

Battery

Answer 35

impermissible touching | does not require physical contact

Question 36

Child abandonment

Answer 36

intentionally forsaking or failing to keep custody of child

Question 37

Kidnapping

Answer 37

unlawful restraint of a person's liberty by force

Question 38

Rape

Answer 38

unlawful carnal knowledge; originally defined as sexual relations with someone outside of marital status | used to be a general intent crime so that it could be easily prosecuted

Question 39

Statutory rape

Answer 39

no duress but individual is under the consenting age

Question 40

Robbery

Answer 40

threat of force with the intention of taking another's property | considered a crime against person even though you seek property

Question 41

Stalking

Answer 41

repeated behavior

Question 42

Arson | crime against property

Answer 42

intentional burning of a structure | if building was occupied could be attempted manslaughter

Question 43

Burglary | crimes against property

Answer 43

breaking and entering with intent to commit a felony

Question 44

forgery | crime against property

Answer 44

fraudulent documents, signing someone else's name

Question 45

reciving stolen property | crime against property

Answer 45

recepient needs to know property is stolen

Question 46

Thelft | crime against property

Answer 46

larceny; taking someones property w/o consent

Question 47

# t trespass | crime against property

Answer 47

entry upon property of another without permission

Question 48

Alcohol offense | generally a misdemeanor

Answer 48

crime against general public

Question 49

child pornography | generally a misdemeanor

Answer 49

prose, audio, visual

Question 50

disordely conduct | misdemeanor

Answer 50

public inconvenience

Question 51

obscenity | misdemeanor

Answer 51

material that is especially offensive (usually in a sexual context)

Question 52

prostitution | misdemeanor

Answer 52

sex crime

Question 53

Bribery | crimes affecting governmental functions

Answer 53

frequently punished; soliciting as a means of influencing the actions of another

Question 54

perjury | crimes affecting governmental functions

Answer 54

common but not punished as often. If the lie does not "cost" someone it will not be punished

Question 55

treason | crimes affecting governmental functions

Answer 55

overthrowing or betraying government; requires 2 witnesses to testify treasonous behavior

Question 56

Alibi

Answer 56

might have evidence that you dont have actus reus

Question 57

# I ignorance or mistake of fact

Answer 57

different from ignorance of the law because you have the mens rea to engage in the act. In this case you do not

Question 58

Duress

Answer 58

a fear of bodily harm was threatened so defendant commmitted crime out of fear | considered an excuse because you acted within the parameters ## Footnote the state needs to convict u

Question 59

Entrapment

Answer 59

you were coerced by an agent of the state to commit a crime you would not have committed had it not been for their intervention | this is often alleged but hardly successful

Question 60

self defense

Answer 60

reasonable fear of imminent bodily harm | very fact dependent

Question 61

# Constitutional vaugueness

Answer 61

a statute is vague and the person could not have possible understood its provisions

Question 62

# constitutional over breadth

Answer 62

statute is being applied to broadly

Question 63

infancy

Answer 63

there are certain crimes for which you cannot be found guilty | your status can be altered depending on gravity of crime

Question 64

insanity

Answer 64

lacks the mens rea to understand moral wrongfulness