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Criminal Law Flashcards

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33
Q

Criminal Jurisdiction

A

A sovereign’s authority to create substantive criminal law.

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34
Q

Federal Criminal Jurisdiction

A
  1. Extensive: Federally Owned or Controlled Territories
  2. Limited: Conduct Occurring in States ONLY IF express or implied constitutional grant of legislative authority.
  3. Expressly Provided: Federal Criminal Statutes may reach U.S. citizens’ conduct occurring while abroad.
  4. Maritime
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35
Q

Maritime Jurisdiction

A

The Federal Government’s authority to regulate conduct of ALL Persons aboard American Ships or Aircrafts

  1. on or over the high seas or
  2. in foreign waters or ports
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36
Q

State Criminal Jurisdiction

A

Every State has inherent authority to regulate State’s internal affairs for the protection or promotion of the health, safety, welfare, or morals of State’s Citizens. (“Police Power”)

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37
Q

Common Law/Minority State: Jurisdiction–Situs of the Crime

A

The ONLY State with Criminal Jurisdiction is the State where 1. the proscribed Act or Omission took place OR 2. the harmful result occurs, IF material element of crime

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38
Q

The Minority States, which require the Situs of the Crime to claim jurisdiction have . . .

A

NOT expanded their Jurisdiction by statute.

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39
Q

Person subject to prosecution within State IF

A
  1. Crime committed wholly or partly in State
  2. Conduct OUTSIDE State constitutes an attempt or conspiracy to commit Crime within State PLUS an act within State
  3. Conduct WITHIN State constitutes an attempt, solicitation, or conspiracy to commit crime in another jurisdiction
  4. Omission of Duty occurs WITHIN State, regardless of offender’s location at the time of he omission.
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40
Q

Common Law Crime

A

Crimes created and enforced by the judiciary, in the absence of a statute defining the offense.

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41
Q

Majority State: Even if Principal evaded apprehension or tried and acquitted . . .

A

Accessory may be convicted because ALL Parties to a crime can be convicted for the criminal offense

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41
Q

Although there are NO Federal Common Law Crimes,

A

Congress has provided for Common Law Crimes in the District of Columbia (because Federal Criminal Law is entirely governed by statute)

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42
Q

Majority State: Principal

A

Person actually engaging in acts or omissions, with the requisite intent, causing criminal results.

ALSO, Person acting through an Innocent, Irresponsible, or Unwilling Agent (Principal does NOT need to be present when Agent acts)

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42
Q

Traditional Approach/Minority State: American Criminal Law INCLUDES the English Common Law of Crimes, UNLESS . . .

A

A statute expressly or impliedly repeals the the English Common Law of Crimes.

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43
Q

Common Law/Minority State: Four Parties to a Felony

A
  1. Principal in the First Degree
  2. Principal in the Second Degree
  3. Accessory Before the Fact
  4. Accessory After the Fact
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43
Q

Majority States: Common Law Crimes have been abolished, BUT . . .

A

State may retain Common Law Defenses IF statutes do NOT EXPRESSLY PROVIDE the defenses. (Insanity and Necessity)

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44
Q

Common Law/Minority State: Principal in the First Degree

A

The person actually committing the felony

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44
Q

Treason

A

A constitutional crime, defined as

  1. levying war against the United States,
  2. adhering to enemies of the United States, or
  3. providing aid and comfort to enemies of the United States
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45
Q

Common Law/Minority State: Principal in the Second Degree

A

Person, present at the crime scene, aiding, encouraging, or commanding the Principal in the first degree

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45
Q

Person may be convicted of treason ONLY IF

A
  1. Two witnesses testify to the same overt act OR 2. Defendant confesses
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46
Q

Common Law/Minority State: Accessory Before the Fact

A

Person, not present at the crime scene, aiding, abetting, or encouraging the Principal in the first degree.

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46
Q

Administrative Crimes: the Legislature may delegate __________ to administrative agencies

A

the power to proscribe rules, including rules punishable as a crime

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47
Q

Common Law/Minority State: Accessory After the Fact

A

Person assisting the Principal, after Principal committed the crime. EXEMPTION: Principal’s Spouse

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47
Q

Administrative Crimes: the Legislature may NOT delegate _________________ or _________________ to administrative agencies

A
  1. the power to determine which regulations shall carry criminal penalties 2. the power of adjudication (i.e., the determination of guilt or innocence)
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48
Q

Majority State: Parties to a Crime

A
  1. Principal
  2. Accomplice
  3. Accessory After the Fact
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48
Q

The 6 theories of punishment

A
  1. Incapacitation (restraint)
  2. Special Deterrence (deter the criminal)
  3. General Deterrence (deter the public)
  4. Retribution (satisfy society’s needs for revenge and to vent outrage)
  5. Rehabilitation
  6. Educate Public
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49
Q

Common Law/Minority State: Significance of Distinction between Parties to a Crime

A

Procedural Significance: Accessory can not be convicted UNLESS Principal already convicted. IF JOINT TRIAL, Jury must first determine Principal’s guilt.

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49
Q

Common Law: 3 Classes of Crime

A
  1. Treason
  2. Felony
  3. Misdemeanor
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50
Q

Majority State: Accomplice

A

Person aids, counsels, or encourages the Principal BEFORE or DURING Principal’s commission of the crime, AND Person intends for the crime to be committed.

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50
Q

Common Law: 9 Felonies

A
  1. Arson
  2. Burglary
  3. Larceny
  4. Mayhem
  5. Manslaughter
  6. Murder
  7. Rape
  8. Robbery
  9. Sodomy
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51
Q

Majority State: Accessory After the Fact

A

Person knows another completed a felony, and to help Felon escape arrest, trial, or conviction, Person receives, relieves, comforts, or assists the Felon. EXEMPTION: Principal’s Close Relatives

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51
Q

Majority State Classification: Felonies

A

Crimes punishable by death or imprisonment exceeding one year.

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52
Q

Majority State: Accessory After the Fact may be charged with . . .

A
  1. Harboring a Fugitive,
  2. Aiding Escape, OR
  3. Obstructing Justice
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52
Q

Majority State Classification: Misdemeanors

A

Crimes punishable by imprisonment for less than one year or by a fine only.

53
Q

Majority State: Typical Punishment for Accessory After the Fact . . .

A

Bears NO relationship to Principal Offense, AND 5 years maximum sentence.

53
Q

Classification: Crimes malum in se

A

Inherently evil crimes, because

  1. criminal intent is an element of the offense, or
  2. the crime involves moral turpitude
54
Q

Majority State: Accomplice Liability re: intent, in the absence of a statute

A

INSUFFICIENT intent IF Accomplice has mere knowledge that crime would result from aid involving the sale of ordinary goods at ordinary prices

SUFFICIENT intent IF Accomplice procures illegal items OR sells legal items at a higher price (“stake in the venture”)

54
Q

Classification: Crimes malum prohibitum

A

Crime exists because legislation prohibits the conduct.

55
Q

An accomplice is responsible for the crimes . . .

A
  1. Accomplice Committed
  2. Accomplice Counseled
  3. Any Other PROBABLE or FORESEEABLE Crimes committed in the course of committing the contemplated crime
55
Q

Common Law Classification: Infamous Crimes

A

All crimes involving fraud, dishonesty, or obstruction of justice

56
Q

One who may NOT be convicted as Principal, may be convicted as . . .

A

An Accomplice.

56
Q

Modern Law expands Common Law Infamous Crimes to include . . .

A

Most felonies

57
Q

Person liable as Accomplice BUT not subject to conviction IF

A
  1. Legislative Intent to exempt Person from liability 2. Person has Special Defense
57
Q

Classification: Conviction of a crime involving moral turpitude may result in

A
  1. The deportation of an alien
  2. The disbarment of an attorney
  3. The impeachment of a trial witness.
58
Q

Members of a limited class are PRESUMED to be immune from liability EVEN IF they participate in the crime, when . . .

A

a Statute is intended to protect the members of the limited class from exploitation or overbearing.

58
Q

Liability: As interpreted by the Supreme Court, the Due Process Clause of the 5th and 14th Amendments require that. . .

A

Public receive Fair Notice of Forbidden Conduct BEFORE Person may be held criminally liable for his actions.

59
Q

The Legislature PRESUMPTIVELY immunizes an Accomplice from liability IF

A

a statute defines a crime as necessarily involving more than one Participant BUT provides liability for only one (Most often applied to statutes making the sale of certain items a criminal offense)

59
Q

The two substantive limitations on Federal and State Legislatures re: crime creation.

A
  1. Ex Post Facto Laws
  2. Bills of Attainder
60
Q

Accomplice may avoid liability when

A

Accomplice withdraws from the crime BEFORE it is actually committed. (Before the chain of events leading to the commission of the crime becomes unstoppable)

60
Q

As defined by the Supreme Court, Ex Post Facto Laws operate retroactively to:

A
  1. Criminalize actions not criminal at the time of action
  2. Aggravate Crime (increase crime’s punishment)
  3. Change the rules of evidence, to criminal defendant’s detriment
  4. Alter the law of criminal procedure, to deprive criminal defendants of substantive rights
61
Q

Accomplice’s Effective Withdrawal

A

Depends on Accomplice’s initial assistance

61
Q

Bills of Attainder

A

Legislative Acts that

  1. inflict punishment OR
  2. deny a privilege without a judicial trial
62
Q

IF Accomplice merely ENCOURAGED the commission of a crime, then withdrawal requires . . .

A

That Accomplice repudiate the encouragement.

62
Q

A Bill of Attainder may also be an Ex Post Facto Law BUT

A

an Ex Post Facto Law does NOT deprive Offender of Criminal Trial

63
Q

IF Accomplice assisted Principal by providing materials, withdrawal requires . . .

A

Accomplice’s attempt to neutralize the assistance (doing everything possible to retrieve the materials provided)

63
Q

When Statutory Language is Plain and its Meaning is Clear, the Court . . .

A

Must give effect to it EVEN IF the Court feels that the law is unwise or undesirable

64
Q

Accomplice may always withdraw by . . .

A
  1. Notifying the authorities OR
  2. taking some other action that prevents the commission of the crime.
64
Q

IF the Court believes that applying the plain meaning of a statute will lead to injustice, oppression, or an absurd consequence,

A

The court is excepted from effecting the statute

65
Q

Inchoate Crimes

A

Crimes committed prior to and in preparation for another offense.

  1. Solicitation
  2. Conspiracy
  3. Attempt
65
Q

Ambiguous Criminal Statutes must be

A

Strictly construed in favor of Defendant

66
Q

Common Law: Merger of Inchoate Crimes

A

Inchoate Crimes are misdemeanors, BUT IF the principal crime is carried out, they merge with the Principal crime and become Felonies

66
Q

Ambiguous Statutes are

A

Susceptible to two or more equally reasonable interpretations

67
Q

Majority State: Merger of Inchoate Crimes

A

Conspiracy does NOT merge Attempt and Solicitation do MERGE

67
Q

Vague Statutes are

A

So unclear that they are susceptible to NO reasonable interpretation

68
Q

The Elements of Solicitation

A

Inciting, counseling, advising, inducing, urging, or commanding another to commit a felony with the SPECIFIC INTENT that the person solicited commit the crime. (General approval or agreement is INSUFFICIENT)

68
Q

Expressio Unius, Exclusio Alterius

A

The expression of one thing impliedly indicates an intention to exclude another. ( the fact that a statute provides one exception impliedly excludes all others)

69
Q

The crime of Solicitation is complete . . .

A

at the time the Solicitation is made.

69
Q

IF two statutes address the same subject matter, but dictate different conclusions,

A
  1. The more specific statue is applied, AND
  2. The more recently enacted statute controls
70
Q

If Solicited-Person commits the crime, the Solicitor . . .

A

is liable as a party to the completed crime.

70
Q

Common Law: when prosecution is pending or not yet under way, a repeal or invalidation of a statute . . .

A

Operates to bar prosecutions for earlier violations UNLESS there is a Saving Provision

71
Q

If Solicited-Person proceeds far enough to be liable for attempt, the Solicitor . . .

A

is liable as a party to the attempt

71
Q

Saving Provision

A

Crimes committed prior to the effective date of a new code are subject to prosecution and punishment under the law as it existed at the time the offense was committed.

72
Q

Solicitor’s culpability is measured by . . .

A

Solicitors understanding of the circumstances. Therefore, it is NOT a defense that solicitation could NOT have been successful (Solicited-Person = Undercover Officer)

72
Q

A repeal will NOT operate to

A

Set free

  1. Person prosecuted and convicted
  2. Person whose final judgement was rendered
73
Q

Common Law: IF Person engages in conduct constituting both a felony and a misdemeanor,

A

Person can only be convicted for the felony because the misdemeanor merges into the felony.

74
Q

Common Law: NO merger IF

A

the same act or series of acts were part of the same transaction constituting several felonies (or several misdemeanors).

75
Q

Majority State: merger occurs ONLY for

A
  1. Solicitation, IF solicited crime is completed
  2. Attempt, IF attempted crime is completed
  3. Lesser Included Offenses
76
Q

Lesser Included Offenses

A

Offenses that consist entirely of some, BUT NOT ALL, elements of the greater crime

77
Q

Developing Trend: Prohibiting convictions for more than one offense when . . .

A

multiple offenses were all part of the same criminal transaction.

Prohibition by statute or common law

78
Q

IF two or more statutorily defined ofenses specifically intend to carry separate punishments, Cumulative Punishments . . .

A

arising from the same transaction and constituting the same crime DO NOT violate the Double Jeopardy Clause prohibition against multiple punishments for the same offense when the punishments are imposed at a single trial.

79
Q
A

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