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Criminal Law > Criminal Law Midterm 1(Terms HO-1) - Yeager > Flashcards

Criminal Law Midterm 1(Terms HO-1) - Yeager Flashcards

Handout 1 Terms

You may prefer our related Brainscape-certified flashcards:
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1
Q

Action

A

All actions have intentions(knowing or planned), except when the action is involuntary (coercion/duress)

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2
Q

non-action

A

Involuntary movements, when what someone had done was not really done (doing so unconsciously - Decina)

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3
Q

Voluntary

A

willing; unforced

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4
Q

Involuntary

A

not done of one’s own free will; automatic; unintentional; spontaneous

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5
Q

Intentional

A

done on purpose; deliberate; planned

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6
Q

Unintentional

A

Unforeseen Incidental, Accident

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7
Q

Not intentional

A

Foreseen Incidental

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8
Q

Reasonable

A

rational, logical, sensible

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9
Q

Foreseeable

A

able to be predicted

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10
Q

unforeseen

A

not anticipated or predicted

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11
Q

Civil Negligence

A

Failure to do what a reasonable and prudent nurseI(contractual) would do and harm results

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12
Q

Criminal/Culpable/Gross Negligence

A

Reckless

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13
Q

Accident

A

An unexpected happening that may result in injury, loss, or damage.
EX: Aim at my donkey, but right before i pull the trigger, it moves and i end up shooting your donkey

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14
Q

Recklessness

A

disregarding a substantial and unjustifiable risk that harm will result

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15
Q

Omission

A

The act of leaving out or neglecting

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16
Q

Bad Samaritan Law

A

1) Easy Rescue: No danger to bystander
2) Failure to Report a serious crime
Policy: The bystander can create a substantial social benefit at no personal cost
Case(Massachusetts): Big Dan’s bar created this (very hard to get convicted by this law)

(FL,HI,MA,OH,RI,SD,WA)

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17
Q

Misprision of Felony

A

The concealment of a felony committed by another. A FORMAL existence, but not PRACTICAL existence

18
Q

Legal Duty to Act

A

1) Statute: Law
2) Contract: Lifeguard Duty
3) Special relationship: Marriage, Parents (only) to child
4) Voluntary assumption of care:
Case: Jones v. US

19
Q

Cross-Appeal

A

an appeal in which both the respondent and the petitioner file appeals

20
Q

Affirm

A

To declare that a court ruling is valid and must stand.

21
Q

Sustain

A

to support

22
Q

Plain Error

A

A kind of error that warrants relief by the reviewing court even if the appellant failed to preserve the claim on the record. The attorney failed to preserve the error. The judge and/or attorney should have known better. Obvious and serious that the outcome was affected. “Miscarriage of justice”

23
Q

Suspended Sentence

A

A prison term that is delayed while the defendant undergoes a period of community treatment. If the treatment is successful, the prison sentence is terminated.
(Flippo)

Two types:

1) Unconditional discharge of defendants penalties, but conviction remains on the public record
2) Conditional suspended sentences.

24
Q

Overrule

A

to reverse the ruling of a lower court

25
Q

Standard of Review

A

The amount of deference an appellate court gives to the determinations made by a lower court.

26
Q

Jury Nullification

A

a jury’s refusal to render a verdict according to the law and fact regardless of the evidence presented

27
Q

Prosecutorial Discretion

A

The power of a prosecutor to decide whether to charge a defendant and what the charge(s) will be, as well as to gather the evidence necessary to prosecute the defendant in a court of law

28
Q

Sufficiency of the Evidence

A

the quantity of evidence; proper sample size

29
Q

Concur

A

to be of the same opinion; to agree with

30
Q

Double Jeopardy

A

the prosecution of a person twice for the same offense(limiting prosecutors opportunity to appeal and protecting D)

31
Q

Probably cause

A

Evidence strong enough to try the case, but not necessarily up to the proof beyond a reasonable doubt needed for conviction at trial

32
Q

Misdemeanor (NY law)

A
  • Crimes punishable by a max of 1-year in municipal jail

- P makes probable cause determination and charges the defendant in a complaint

33
Q

Felony (NY Law)

A
  • MIN of 1-year in state jail
  • Prosecuted by probable cause by a simple majority of a 23-person jury
  • If jury finds probable cause, then there is an indictment then jury
34
Q

Good Samaritan Law

A

Protects helpers from civil liability if they mess up the rescue

35
Q

Dependence on Professional Rescuers

A

Professional rescuers are NOT on the hook for failing(for getting) to rescue us

-Have a general duty, NOT a specific duty (Broken promises can result in severe, but nonactionable harm to victims)

36
Q

Criminal Negligence

A

Someone acts in a way that is an extreme departure form the way that a “reasonable” person would have acted in the same or similar situation

Flippo: If the failure to act was intentional, but W/O the intent/exception of death.

37
Q

Criminal Liability

A

Based upon a failure to act there must be a legal duty - not simply a moral duty

Father Flippo: Voluntary assumption of care

38
Q

Mistake

A

reckless; I pull the trigger THINKING it is my donkey, but end up shooting your donkey

39
Q

Incidental

A

Anything out the plan
ex:
-I wa doing one thing and another thing happened
-I meant to kick the door open but i kicked the person

40
Q

Foreseen incidental

A

Reckless outcome

  • The thing i thought might happen, did happen
  • The unhappy result was NOT intentional
41
Q

Unforeseen Incidental

A

This was an accident, it came out of nowwhere

  • the unhappy result was unintentional
  • Accidents are either: Negligent(inexcusable) or Nonnegligent(excusable)
42
Q

Credit/Debtor Scenario

A

Did the creditor mean to ruin the Debtor?-NO

  • He did not intent to
  • Not intentional

Did the creditor know that collecting the debt would ruin the debtor? -YES

Did it (collecting debt) come out of nowhere? -NO

  • Not an accident
  • Unintentional? NO

THUS, the creditor knew of the risk of ruining the debtor and did it anyway, so he was reckless and the result was NOT intentional.

Criminal Law (17 decks)

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