Criminal Law Flashcards
Bench trial
Judge or jury trial
Neglectly- boneheaded act. & perceived consequence
Recklessly- intentional
Mens rea
Guilty state of mind
Intentional crimes- assault or knowing & unlawfully- possessing drugs
Actus reas
The bad act
Possessing drugs
Stealing from
Hurting someone
Defense of justification
Self defense against injury - someone comes at me so I protect myself
Defense of alibi
You weren’t at crime scene at time it happened
Cohesion
Forced under threat of physical injury - wouldn’t have committed if not under threat
Mental disease/ defect defense (insanity defense)
Wild beast, can’t be accountable for bold act
Prevents you from understanding nature / consequences of your actions
Defense of extreme emotional disturbance
Used in homocide cases,
Convicted of manslaughter not murder
Event so emotionally disturbing you kill someone (wife cheating so shoot them)
Inchoate crime
Imperfectly formed or completed
Conspiracy under incohorte crime
Punishes agreement to commit crime, not actually doing crime
Agreed between 2+ people to commit
At least 1 person has to commit act furthering agreement (overact)
Attempt to commit crime in inchoate crime
Doing something dangerously close to actually committing crime
Penalties people can face for vicious crimes
Jail time- county facility misdomeaners 2 years Prison- state facility- felony Community service- do good for around you House arrest Restitution- back to square 1- repay Probation- controlled by officer Fine- pay gov Parole- out of prison early