Criminal Law Exam 1 Flashcards
1
Q
law
A
the federal, state, or local enactments of legislative bodies; the known decisions of the courts of the federal and state governments; rules and regulations proclaimed by government bodies; and proclamations by executives of the federal, state, or local government
2
Q
Common law
A
Law created by judicial opinion. Historically, law from America’s colonial and English past, which has set precedents that are still sometimes followed today.
3
Q
statutory law
A
Law created through state and federal legislatures
4
Q
criminal law
A
Law that involves the violation of public rights and duties, creating a social harm
5
Q
civil law
A
Law that deals with matters considered to be private concerns between individuals
6
Q
Tort
A
A civil violation; the civil law’s equivalent of a crime.
7
Q
actus reus
A
a willful unlawful act.
8
Q
mens rea
A
a guilty mind, or intent
9
Q
Legality
A
The principle that no once can be punished for an act that was not defined as criminal before the person did the act
10
Q
Model Penal Code (MPC)
A
A comprehensive recodifications of the principles of American criminal responsibility
11
Q
Jurisdiction
A
The power or authority of a court to act with respect to any case before it.
12
Q
Federalism
A
The system of government of the United States whereby all power resides in the state governments unless specifically granted to the federal government
13
Q
Probable cause
A
Evidence that there is a fair probability that the suspect committed a crime; required for an arrest of a suspect by a law enforcement officer.
14
Q
Recognizance
A
a promise to appear in court
15
Q
bail
A
a deposit of cash, other property, or a bond, guaranteeing the accused will appear in court
16
Q
Bond
A
A written promise to pay the bail sum, posted by a financially responsible person, usually a professional bail bond agent
17
Q
preliminary hearing
A
a post-arrest, pretrial judicial proceeding at which the judge decides whether there is probable cause to prosecute the accused. In some jurisdictions, the preliminary hearing is minimal; in others, it is a mintrial
18
Q
grand jury
A
A panel of persons chosen through strict court procedures to review criminal investigations and, in some instances, to conduct criminal investigation. Grand juries decide whether to charge crimes in the cases presented to them or investigated by them.
19
Q
Indictment
A
The paper issued by a grand jury that charges an accused with a felony
20
Q
information
A
The paper issued by a prosecutor that charges an accused of a felony
21
Q
Arraignment and plea
A
The defendant’s appearance to respond formally to the charges
22
Q
Habeas corpus
A
Literally, “you have the body”. A legal action separate from the criminal case, it can be brought only by a prisoner who has exhausted all the usual appellate remedies
23
Q
Bill of Rights
A
The first 10 amendments to the U.S. Constitution, especially those portions that guarantee fundamental individuals rights vis-a-vis the government
24
Q
Procedural criminal law
A
The rules governing how the criminal law is administered
25
Due process
The multiple criminal justice procedures and processes that must be followed before a person can be legally deprived of his or her life, liberty, or property
26
Equal protection
The constitutional provision that all people should be treated equally with respect to the practice dealt with by the law.
27
bill of retainer
A special legislative enactment that declares a person or group of persons guilty of a crime and subject to punishment without trial
28
Ex post facto law
A law that: 1) makes criminal an act done before passage of the law against it and punishes such action; 2) aggravates a crime or makes it greater than it was when committed; or 3) inflicts a greater punishment than the law imposed or allows evidence of guilt that is less than what the law required at the time the offense was committed.
29
Fair notice
The due process requirement that people are entitled to know what they are forbidden to do so that they may shape their conduct accordingly
30
Substantive criminal law
The law defining acts that are criminal
31
The clear and present danger test
A test to determine whether a defendant's words pose an immediate danger of bringing about substantive evils that Congress has the right (and duty) to prevent
32
Proportionality
The constitutional principle that the punishment should fit the crime, expressed in the Eighth Amendment's cruel and unusual punishment clause.
33
Crime
An act or omission that the law makes punishable, generally by fine, penalty, forfeiture, or confinement
34
Tort
A wrongful act that results in injury and leaves the injured party entitled to compensation
35
Felony
A serious crime that is usually punishable by imprisonment for more than one year or by death
36
Misdemeanor
A crime that is less serious than a felony and is usually punishable by fine, penalty, forfeiture, or confinement in a jail for less than on year.
37
Petty offense
A minor or insignificant crime, also known as a violation or infraction
38
Omissions
Narrowly defined circumstances in which a failure to act is viewed as a criminal act.
39
Possessory offenses
Criminal offenses in which the law defines possession as an act
40
Motive
The emotion that prompts a person to act. It is not an element of a crime that is required to prove criminal liability, but is often shown in order to identify the perpetrator of a crime or explain his or her reason for acting
41
Specific intent
The intention to commit an act for the purpose of doing some additional future act, to achieve some further consequences, or with the awareness of a statutory attendant circumstance
42
General intent
The intent only to do the actus reus of the crime, without any of the elements of specific intent
43
Transferred intent
A doctrine that holds a person criminally liable even when the consequence of his or her action is not what the actor actually intended
44
Strict liability
When a person can be convicted of a crime without having any requisite mental state or intention to commit the crime
45
Transferred intent
Under the doctrine of transferred intent, if this robber intended to kill a teller but instead shoots and kills an innocent bystander, he is equally liable for murder
46
The purposely with respect to result or conduct
When the actor has a voluntary wish to act in a certain way or produce a certain result
47
Purposely with respect to attendant circumstances
When the actor is aware of conditions that will make the intended crime possible, or believes or hopes that they exist
48
Knowingly causes a result
Commits an act in the awareness that one's conduct will almost certainly cause this result
49
Knowingly with respect to conduct and attendant circumstances
Aware that one's actions are criminal, or that attendant circumstances make an otherwise legal act a criminal one
50
recklessly
Acting in a manner that voluntarily ignores a substantial and unjustified risk that a certain circumstance exists or will result from one's actions
51
Negligently
Acting in a manner that ignores a substantial and unjustified risk of which one should have been aware
52
Cause-in-fact
The cause of the social harm in a criminal act, as determined by the but-for test
53
But-for test
The test that asks whether the result would have occurred if the defendant had not acted.
54
Proximate cause
That cause, from among all of the causes-in-fact that may exist, that is the legal cause of the social harm
55
Intervening cause
A cause other than the defendant's conduct that contributes to the social harm
56
Concurrence of Elements
Requirement for criminal liability that the accused performed a voluntary act accompanied by the required mental state that actually and proximately caused the prohibited social harm.
57
Accomplice
Someone who knowingly and willingly associates in the commission of a criminal offense and who intentionally assists another in the commission of a crime.
58
Aid and abet
To assist or facilitate a person in accomplishing a crime
59
Accomplice liability
The accountability of one individual for the criminal act or acts of another.
60
Principal
One who is present at and participates in the crime charged or who procures an innocent agent to commit the crime.
61
Accessory
One who aids in the commission of a crime without being present when the crime is committed.
62
Principle in the first degree
Usually the primary actor or perpetrator of the crime.
63
Principles in the second degree
One who intentionally assists in the commission of a crime in his or her presence; such presence may be actual or constructive
64
Constructive presence
When an individual is within the vicinity of the crime and is able to assist the primary actor if necessary
65
Accessory before the fact
One who intentionally counsels, solicits, or command another in the commission of a crime
66
Accessory after the fact
One who intentionally aids another whom he or she knows has committed a felony, in order for the person assisted to avoid criminal prosecution and punishment.
67
Criminal facilitation
When in individual knowingly aids another, but does not truly have a separate intent to aid in the commission of the underlying offense
68
Agent provocateur
Someone who intends for the principal to fall in his or her illegal venture and, because of this lack of causation, Is not an accomplice.
69
Entrapment
When officers or agents of the government, for the purpose of instituting a criminal prosecution against a person, induce an otherwise innocent person to commit a crime that he or she had not contemplated.
70
Natural and probable consequences doctrine
A doctrine that holds an accomplice liable not only for the offense he or she intended to facilitate or encourage. but also for any natural and foreseeable additional offenses committed by the principal to whom he or she is an accomplice.
71
Innocent agent or instrumentality
An object, animal, or person who cannot be culpable under the law, such as an inane person or a child, that is used by a principal to commit a crime.
72
Nonproxyable offense
A crime that can be committed only through an actor's own conduct and cannot be committed by an agent
73
Conspiracy
A partnership in crime defined as an agreement between two or more people to achieve a criminal purpose or to achieve a lawful purpose using unlawful means. Also called a common criminal enterprise.
74
Agency theory
The theory that all conspirators act as the agents of (and represent) their co-conspirators involved in a criminal scheme and are liable for all criminal acts committed by any of their co-conspirators
75
Pinkerton doctrine
The doctrine that holds a person associated with a conspiracy responsible for any criminal act committed by a co-conspirator if the act is within the scope of the conspiracy and is a foreseeable result of the criminal scheme.
76
Inchoate crime
A criminal act that is detected and punished before the ultimate or intended crime actually occurs. The principal modern inchoate crimes are attempt, conspiracy, and solicitation.
77
Attempt
When a person, with the intent to commit an offense, performs any act that constitutes a substantial step toward the commission of that offense.
78
Last act test
A test that determines that an attempt has occurred when a person has performed all of the acts that he or she beloved were necessary to commit the underlying offense
79
Physical proximity test
A test that determines that an attempt has occurred when the perpetrator's conduct, though not having advanced so far as the last act, approaches sufficiently near to the completed crime as to be a substantial step toward commission of the offense.
80
Dangerous proximity test
A test that determines that an attempt has occurred when the perpetrator's conduct is in dangerous proximity to success, or when an act is so near to the result that the danger of its success is very great.
81
Indispensable element test
A test that determines that no attempt has occurred when a suspect has not yet gained control over an indispensable instrumentality of the criminal plan
82
Unequivocality test
A test that determines that an attempt has occurred when a person's conduct, standing alone, unambiguously manifests his or her criminal intent.
83
Substantial step test
The MPC's test to determine whether the actus reus of attempt has occurred, which requires that the suspect must have done or omitted to do something that constitutes "a substantial step" in the commission of the substantive offense
84
Factual impossibility
When a person's intended end result constitutes a crime, but the person falls to consummate the offense because of an attendant circumstance that is unknown or beyond his or her control, making commission of the crime impossible
85
Legal impossibility
When the intended acts, even if complicated, would not amount to a crime. Legal impossibility is a common law defense to the crime of attempt
86
"hybrid" Legal impossibility
An ambiguous case in which impossibility could be considered either legal or factual, as distinguished from cases of true legal impossibility
87
Genuine legal impossibility
Where the law does not define as criminal the goal the defendant sought to achieve. This is a valid defense to the crime of attempt
88
Abandonment
An affirmative defense to the crime of attempt that exists only if the defendant voluntarily and completely renounces his or her criminal purpose
89
Solicitation (incitement)
The act of seeking to persuade someone else to commit a crime with the intent that the crime be committed
90
Joshua 1:8
This Book of the Law shall not depart from your mouth, but you shall meditate on it day and night , so that you may be careful to do according to all that is written in it. For then you will make your way prosperous, and then you will have good success.
91
Matthew 22:36-40
Teacher, which is the great commandment in the Law? And he said to him, "You shall love the Lord your God with all your heart and will all your should and with all your mind" This is the great and first commandment. And a second is like it: You shall love your neighbor as yourself on these two commandments depend all the Law and the Prophets
92
Proverb 27:19
As in water face reflects face, so the heart of man reflects the man.
93
Washington V. Heller (2008)
1) Is the prohibition against firearms legal under the 2nd amendment?
2) Heller (an officer) wanted a gun
3) law said no, Heller challenged as unconstitutional.
4) The Court held that the District's “ban on handgun possession in the home violated the Second Amendment as does its prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense”
94
People v. Maness (2000)
1) defendant was charged with permitting the sexual abuse of a child (Wrongs to Children Act of 1992)
2) Mom of 13 yr old allowed sexual intercourse with 17 yr. old
3) claimed that statute was too vague and failed to define "reasonable steps"
4) Court overturned decision and said it was too vague.
95
Furman v. Georgia (1972)
1) Judges analyzed constitutional issues raised by capital punishment
2) 5-4 decision. each justice wrote their own opinion. Majority said it was cruel and unusual punishment
3) Courts have made rulings and capital punishment is still used today
96
Schenk v. United States
1) Justice Holmes expressed the clear and present danger test in this case.
2) Free speech does not apply to certain aspects such as a man shouting fire falsely or during times of war
97
Keeler v. Superior Court
1) Defendant was charged with murder of unborn child
2) tried to "stomp it out" of ex wife
3) Because of definition of murder, man was exonerated
4) California later redefined human being in the Code section to include Fetus
98
Hatch v. Superior Court
1) charged with using internet to seduce minor with harmful content
2) Undercover cop was sending inappropriate things to catch the guy.
3) Defendant argued violation of 1st amendment rights
4) Court stated that the stature is directed more toward an activity or conduct than communication
99
People v. Kraft (1985)
1) defendant forced victim's car off road when she tried to pass.
2) later she saw him and tried to speak to him at a stop light, he shot, she called the police, they found him, he shot at them.
3) Trial court said he could be found guilty of attempted murder because of mens rea and actus rea
4) later overturned on the fact that mens rea must be the mental state of intent to commit murder.
100
People v. Ordnoff
1) defendant was con man planning to steal money
2) Bailed on stealing and drove away while the target was in bank
3) Charged later with attempted grand theft but court held that he did not go far enough for attempt. It did not go beyond preparation
101
Regina v. Eagleton (1855)
1) Man was on welfare and tried to turn in ticket for money
2) charged with attempt
3) Argued he did not get the money yet so he wasn't guilty
4) Courts said that he was because there were no more actions left to do
102
Rex v. Scofield (1784)
1) First place crime of attempt was recognized
2) Defendant was charged with placing a lighted candle and combustible material in a rental house with intent to set on fire.
3) Courts found that completion of criminal act was not necessary to constitute criminality
103
People of the State of New York v. Decina (1956)
1) defendant had epilepsy and killed 4 children when car went out of control during seizure.
2) He was convicted of criminal negligence because he knew of seizures and did not take precautions
3) Driving the car under these circumstances constituted actus reus despite it being involuntary
104
Weems v. United States (1910)
1) Court found implicit in concept of cruel and unusual punishment the principle of proportionality
105
City of Chicago v. Morales (1999)
1) Chicago enacted ordinance to criminalize loitering.
2) many individuals were given dispersal orders or arrested
3) Court of Appeals held as unconstitutional because it violated the 1st amendment and was vague
106
Riley v. State (2002)
1) two young men opened fire into a crowd. Some people were injured
2) The bullets could not be matched to gun so Riley was found guilty of assault charges and accomplice in wounding two victims
3) This was held because requirement intended to promote the offense could be found in conduct that was actus reus.
107
People v. Stanciel (1992)
1) Mom was charged with accomplice to murder because boyfriend beat 3 yr. old to death and she failed to prevent the beating and did not protect her child for whom she had a legal duty to act.
2) Burgos had violated court order to keep him away from child yet she allowed him to discipline the child.
108
United States v. Twigg (1978)
1) Henry Neville was convicted of conspiracy to manufacture methamphetmaines
2) Appeal Court reversed conviction due to police conduct who helped supply and aid Kubica.
