Criminal Law Flashcards
Criminal law
Public, rather than private, wrong punishable by the state
Less serious crimes
Misdemeanours
Usually more than one year in prison possible if convicted
Felonies
Prevent person, and others, from doing crime in future if they are, or are seen to be, punished for it
Deterrence
When in prison, cannot commit crime
Incapacitation
Reform while in prison
Rehabilitation
Revenge, not seen as a legitimate reason by the experts, but the people in the street put great faith in
Retribution
Crime = …
“The elements of the offence” - both the following must occur in every crime and must exist at time of crime
“Guilty act” - the act itself
Actus reus
“Guilty mind”
Mans rea
Degrees of homicide and their relation to … and …
Actus reus
Mans rea
The killing with malice aforethought of one human being by another
Murder
“Cold blooded”, “malice aforethought”, “premeditated”
First degree murder
Did the person have the time to calm down ?
Second degree murder
Manslaughter = the killing of another … or …
Without malice
Deliberate intention
Diminished capacity
Voluntary manslaughter
Example, reckless driving
Involuntary manslaughter
Killing with a car, negligent
Venicular homicide
Police, self-Defense
Justified homicide
Let’s pretend are approached by police and they suspect that you have been a very, very naughty boy or girl ! The police read you your … and at that point you are officially …
Miranda warning
Arrested