Criminal Law and Procedure Flashcards
What are the two components of a criminal offense?
The act and the state of mind
What are the levels of culpability, and how do they affect criminal offenses?
Purposely, knowingly, recklessly, negligently, and strict liability
Affects the severity of the offense; homicide: murder, manslaughter, and negligent homicide
Can someone be punished for being in an undesirable condition?
No, they must commit an act that society has an interest in preventing (actus reus)
What prompted Papachristou v. City of Jacksonville?
Several different African-Americans were arrested on a range of violations of a vagrancy ordinance. The violations were a clear pretense for racist behavior by the police.
What did the court find in Papachristou v. City of Jacksonville?
Jacksonville’s vagrancy statute singled out activities that were not inherently illegal; they could occur during legal or illegal acts. In addition to their vagueness, the ordinance attempts to anticipate future criminality, which violates probably cause. The ordinance is thus unclear and results in arbitrary and discriminatory enforcement. It is plainly unconstitutional.
What is the difference between insanity and diminished capacity?
Insanity - depends on the rule, M’Naghten rule - did they know if it was right or wrong; Durham Test applies if the act was the product of mental disease or defect; Insanity Defense Reform Act maintains a defendant, as a result of mental diseases, was unable to appreciate the nature or quality of wrongness
Diminished Capacity - when a mental state doesn’t meet the definition of insanity but could have been relevant (alcoholism/drinking is an exception)
What is the difference between accessory, accomplice, solicitation, and conspiracy?
Accomplice - knowingly participate in a crime but do not directly commit the act
Accessory - someone who is not present during the crime but assists afterwards
Solicitation - when you attempt to get someone else to commit a crime
Conspiracy - when two or more individuals agree to commit a crime
What amendment provides for warrants, and what are the exceptions?
The 4th amendment
Exceptions exist when the totality of circumstances would lead a reasonable person to conclude that evidence of a crime would be found, when given permission by voluntary waiver, when the evidence is in plain view, etc.
What is the exclusionary rule? What is the good faith exception?
Evidence seized in violation of the 4th amendment is inadmissible; the good faith exception is when the police reasonably relied upon an invalidated search warrant
What does the 5th amendment require before someone can be held for a capital or infamous crime?
Indictment by a grand jury
What is Brady material?
Exculpatory evidence that pertains to guilt or punishment
What prompted United States v. Agurs?
A woman was convicted of 2nd degree murder. She claimed self-defense. The prosecution did not turn over information involving the man’s prior criminal record.
How did the court rule in United States v. Agurs?
Held that the trail judge remained convinced of her guilt despite the criminal record. In their opinion it was unlikely to change the verdict and therefore was not subject to a Brady request.
What protections do the 5th and 6th amendments offer in criminal law?
6th - right to counsel, right to confront witnesses, right to a jury in serious cases, right to a speedy trial
5th - proof beyond a reasonable doubt, double jeopardy
What has the Supreme Court said regarding sentencing guidelines?
They must be considered as advisory, not mandatory
