Criminal Law P1

Question 1

Purposes of Criminal Justice System

Answer 1

Regulate human conduct
Punish an offender (mostly adults)
Deter future offenders
Alert public from possible danger
Preserve peace - keep order
Rehabilitate

Question 2

Who is primarily a candidate for rehabilition

Answer 2

minors

Question 3

4 amendments that protect criminals

Answer 3

4, 5, 6, 8

Question 4

4th Amendment

Answer 4

Due Process (federal)
illegal search and seizure
- exclusionary rule: if illegally obtained, evidence inadmissible

Question 5

5th Amendment

Answer 5

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

Question 6

What is Double Jeopardy and WHEN is it applicable?

Answer 6

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

Question 7

6th Amendment

Answer 7

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)

Question 8

8th Amendment

Answer 8

cruel and unusual punishment
no excessive fines
no excessive bails

Question 9

Exceptions to the Exclusionary Rule

Answer 9

1) Hot Pursuit Laws: when acting in heat of the moment
2) evidence about to be destroyed
3) In open/plain site

Question 10

US v Leon

Answer 10

obtained evidence withour valid probable cause/warrant
exception to exclusion = acting in good faith
- District court and 9th circuit court affirmed

Question 11

Subjective Faults and common examples

Answer 11

should know better/consequences of actions
Ex: assault/battery (only assault in NY)

Question 12

Objective Faults

Answer 12

negligence / carlessness
manslaughter

Question 13

Liability without Fault

Answer 13

no fault but illegal.
ex: statutory rape, selling alchohol to minors, polygamy

Question 14

actus reus

Answer 14

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

Question 15

Mala in Se vs Mala Prohibita

Answer 15

In se = morally wrong
prohibita = legally wrong

Question 16

Least severe to most classification of crimes

Answer 16

Infractions/petty crime
misdemeanor
felony

Question 17

What, why, and when: Vicariously Liable

Answer 17

liable for actions of another person - Charles Manson

Question 18

Blue Sky Laws

Answer 18

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

Question 19

Domino’s Pizza and Blue Sky

Answer 19

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

Question 20

when are companies liable for actions of employees

Answer 20

Corporations may be convicted of a criminal offense for conduct of an employee MUST be within scope of employment

Question 21

Possible Consequences for Companies/Corporations

Answer 21

1) Prison/jail for Board
2) fines
3) Revoke corporation status