Criminal Law P1 Flashcards
Purposes of Criminal Justice System
Regulate human conduct
Punish an offender (mostly adults)
Deter future offenders
Alert public from possible danger
Preserve peace - keep order
Rehabilitate
Who is primarily a candidate for rehabilition
minors
4 amendments that protect criminals
4, 5, 6, 8
4th Amendment
Due Process (federal)
illegal search and seizure
- exclusionary rule: if illegally obtained, evidence inadmissible
5th Amendment
1) Double Jeopardy
2) Miranda Rights (miranda v Arizona) – not self-incriminate “remain silent”
3) Grand Jury Trial (if charged)
4) Eminent Domain
5) Due Process - Fair Trial, cannot be deprived of natural rights
What is Double Jeopardy and WHEN is it applicable?
can’t be charged with same crime against same victim
Once VERDICT is decided, double jeopardy kicks in
No rights during mistrial, waiting …
OJ Simpson - wrote book after innocent
6th Amendment
1) Right to Know Accuser & crime
2) Fair and speedy trial/public trial without unnecessary delay.
3) Impartial jury of peers
4) Right to Counsel (have attorney)
8th Amendment
cruel and unusual punishment
no excessive fines
no excessive bails
Exceptions to the Exclusionary Rule
1) Hot Pursuit Laws: when acting in heat of the moment
2) evidence about to be destroyed
3) In open/plain site
US v Leon
obtained evidence withour valid probable cause/warrant
exception to exclusion = acting in good faith
- District court and 9th circuit court affirmed
Subjective Faults and common examples
should know better/consequences of actions
Ex: assault/battery (only assault in NY)
Objective Faults
negligence / carlessness
manslaughter
Liability without Fault
no fault but illegal.
ex: statutory rape, selling alchohol to minors, polygamy
actus reus
wrongful or criminal act
Refers to all elements of a crime that are not mental - what
Acts, circumstances, consequences
All contributing factors to performing the behavior and consequences of the behavior
Mala in Se vs Mala Prohibita
In se = morally wrong
prohibita = legally wrong
Least severe to most classification of crimes
Infractions/petty crime
misdemeanor
felony
What, why, and when: Vicariously Liable
liable for actions of another person - Charles Manson
Blue Sky Laws
Blue Sky Laws: enacted by state governments to prevent securities (finance, stocks, bonds, ETF) dealers from committing fraud via the sale of fake securities to investors
generally require the registration of issuers and dealers with state regulatory agencies and licensing of brokers
Most people not well versed in finance, so easily scammed
Dominos 30 min policy urges drivers to drive unsafely
The offensense is an omission of a specific duty imposed by the law
Affirmative action: race quotas, federal statutes
Requires atleast one minority candidate is interviewed in NFL
Was something authorized, required or directed to do something
The office was authorized, required, commanded, performed or recklessly tolerated (knew what was going on, but ignored) by Board of Directors
Domino’s Pizza and Blue Sky
Dominos 30 min policy urges drivers to drive unsafely
The offensense is an omission of a specific duty imposed by the law
Affirmative action: race quotas, federal statutes
Requires atleast one minority candidate is interviewed in NFL
Was something authorized, required or directed to do something
The office was authorized, required, commanded, performed or recklessly tolerated (knew what was going on, but ignored) by Board of Directorr
when are companies liable for actions of employees
Corporations may be convicted of a criminal offense for conduct of an employee MUST be within scope of employment
Possible Consequences for Companies/Corporations
1) Prison/jail for Board
2) fines
3) Revoke corporation status
