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Juri210 > Criminal Law > Flashcards

Criminal Law Flashcards

1
Q

Criminal Law

A

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

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2
Q

Goals of criminal law

A

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

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3
Q

Bills of attainder

A

legislation that imposes punishment with out trial

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4
Q

ex post facto laws

A

prohibits legislators from enacting law that retroactively criminalizes behavior

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5
Q

8th amendment

A

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

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6
Q

vaugueness

A

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

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7
Q

burden of proof

A

accrued to the state, never the defendant

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8
Q

Actus Reus

A

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

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9
Q

mens rea

A

guilty mind; intention or knowledge of wrongdoing

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10
Q

culpability

A

an individual’s legal responsibility for a criminal act

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11
Q

Recklesness

A

state of mind in which a person disregards risk

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12
Q

purpose

A

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

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13
Q

knowledge

A

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

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14
Q

negligence

A

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

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15
Q

Morrisette v. US

A

court held that morrisett lacked the mens rea to be convicted

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16
Q

regina v. faulkner

A

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

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17
Q

ignorance of the law is no excuse

A

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

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18
Q

Salm v Helm

A

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

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19
Q

proportionality

A

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

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20
Q

1st degree

intentional

A

premeditated/deliberate

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21
Q

2nd degree

intentional

A

unprovoked/impulsive

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22
Q

voluntary manslaughter

intentional

A

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

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23
Q

Felony Murder

unintentional

A

death occurs during the course of inherently dangerous felony

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24
Q

Involuntary manslaughter

unintentional

A

negligence, gross negligence

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25
Q

Source of criminal law

Nullem Crimen, nulla poena sine lege

A

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

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26
Q

Source of criminal law

Religion

A

law was divinely revealed

27
Q

Source of criminal law

Common Law

A

court made law; commonly applied to all

28
Q

source of criminal law

State legislature

A

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

29
Q

Source of criminal law

Model Penal Code

A

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

30
Q

Misdemeanor

A

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

31
Q

Felony

A

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

32
Q

infraction

A

punishment is usually a fine (traffic ticket)

33
Q

Classification of crime based on harm

to persons

A

Murder
Manslaughter
Negligent homicide

34
Q

Assault

A

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

35
Q

Battery

A

impermissible touching

does not require physical contact

36
Q

Child abandonment

A

intentionally forsaking or failing to keep custody of child

37
Q

Kidnapping

A

unlawful restraint of a person’s liberty by force

38
Q

Rape

A

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

39
Q

Statutory rape

A

no duress but individual is under the consenting age

40
Q

Robbery

A

threat of force with the intention of taking another’s property

considered a crime against person even though you seek property

41
Q

Stalking

A

repeated behavior

42
Q

Arson

crime against property

A

intentional burning of a structure

if building was occupied could be attempted manslaughter

43
Q

Burglary

crimes against property

A

breaking and entering with intent to commit a felony

44
Q

forgery

crime against property

A

fraudulent documents, signing someone else’s name

45
Q

reciving stolen property

crime against property

A

recepient needs to know property is stolen

46
Q

Thelft

crime against property

A

larceny; taking someones property w/o consent

47
Q

t

trespass

crime against property

A

entry upon property of another without permission

48
Q

Alcohol offense

generally a misdemeanor

A

crime against general public

49
Q

child pornography

generally a misdemeanor

A

prose, audio, visual

50
Q

disordely conduct

misdemeanor

A

public inconvenience

51
Q

obscenity

misdemeanor

A

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

52
Q

prostitution

misdemeanor

A

sex crime

53
Q

Bribery

crimes affecting governmental functions

A

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

54
Q

perjury

crimes affecting governmental functions

A

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

55
Q

treason

crimes affecting governmental functions

A

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

56
Q

Alibi

A

might have evidence that you dont have actus reus

57
Q

I

ignorance or mistake of fact

A

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

58
Q

Duress

A

a fear of bodily harm was threatened so defendant commmitted crime out of fear

considered an excuse because you acted within the parameters

the state needs to convict u

59
Q

Entrapment

A

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

60
Q

self defense

A

reasonable fear of imminent bodily harm

very fact dependent

61
Q

Constitutional

vaugueness

A

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

62
Q

constitutional

over breadth

A

statute is being applied to broadly

63
Q

infancy

A

there are certain crimes for which you cannot be found guilty

your status can be altered depending on gravity of crime

64
Q

insanity

A

lacks the mens rea to understand moral wrongfulness

Juri210 (12 decks)

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