Criminal Law Midterm

Question 1

What is the difference between criminal law and civil law?

Answer 1

The criminal law system is designed with two parties being the prosecutor (representing the state) and the defendant (the accused) with no victim representation. The criminal system’s main goal is retribution for the victim (keep the king’s peace). The civil system is when two private parties (the plaintiff and the defendant) in suit of compensation (usually land, money, and/or custody of children).

Question 2

What are the burdens of proof?

Answer 2

Reasonable suspicion
Probable cause 
Preponderance of evidence (a hair more than 50%)
Clear and convincing
Beyond a reasonable doubt

Question 3

In re Winship

Answer 3

Court cased that held the due process clause protects the accused of conviction unless proven guilty beyond a reasonable doubt.

Question 4

Legality principles

Answer 4

No crime without law, no punishment without law

Question 5

Vagueness and fair notice

Answer 5

Charges must be specific to what the defendant is being accused of, and the defendant must be given fair notice on ordinances such as court hearing dates.

Question 6

Lambert v California

Answer 6

Lambert was convicted of a felony and did not register because she never knew she had to in order to live in Los Angeles. 7 years later, she was arrested again and was the police find out that she did not register herself. The case’s final ruling was that felony registration was in violation of the 14th amendment. She had no real evidence of a subsequent failure to comply

Question 7

Ex post facto

Answer 7

Retroactive punishment

Question 8

Smith v. Doe

Answer 8

Held that Megan’s law do not violate Ex Post facto

Question 9

Why punish?

Answer 9

Remedy for damages, judgements, and equity

Question 10

Actus Reus

Answer 10

Guilty Act

Question 11

Powell v. Texas

Answer 11

Held that Public intoxication is not a cruel and unusual punishment

Question 12

Robinson v. California

Answer 12

Ruled that punishing for an addiction violates the cruel and unusual clause.

Question 13

State v. Lara

Answer 13

Ruled that involuntary instruction is not required organic brain impairment

Question 14

Voluntary

Answer 14

We require an act, not a status or condition

Question 15

Omission

Answer 15

To remove evidence from a trial

Question 16

Kuntz v. Montana

Answer 16

Held that failure to act is the same as criminal liability if safe

Question 17

Posession

Answer 17

Ownership of something not legal

Question 18

Mens Rea

Answer 18

Guilty mind

Question 19

Model penal code terms

Answer 19

Purposeful (specific intent)
Knowing (action undertaken with awareness that the outcome is practically certain)
Negligent (behavior in which a person falls to reasonably perceive substantial and unjustifiable risks of dangerous consequences)

Question 20

State v. Jefferies

Answer 20

Held that kidnapping a baby and leaving them in a car unattended is inadequate mens rea

Question 21

People v. Strong

Answer 21

Ruled that criminally negligent homicide under mens rea

Question 22

Concurrence

Answer 22

What is looked at after mens rea and actud reus are both present

Question 23

What is causation

Answer 23

What results from a combination of mens rea and actus reus

Question 24

Cause in fact

Answer 24

“But for clause”

Asks the question of cause and effect and is necessary but often insufficient to prove guilt

Question 25

Proximate cause

Answer 25

Asks the question of antecedence (event that existed or logically precedes another) and should the defendant be held legally responsible. It is usually the prerequisite for criminal liability