Exam 1 Flashcards
In a criminal case a prosecutor must prove each crime to a moral certainty of what percent
90%
In a civil case a prosecutor must prove each crime to a moral certainty of what percent
51%
The study of statutes is what kind of law
Substantive Law
The study of the steps officers follow from the time they are called to the scene of the crime through putting the person in jail
Procedural Law
Cannot have crime unless written for everyone to view refers to what?
The Principle of Legality
A defendant can be sentenced to death or imprisoned for more than one year correlates with what classification of crime
Felonies
Crimes that are inherently dangerous, bad, or immoral correlate with what classification of crime?
Malum in Se
Crimes that are not inherently wrong, only because the prohibition is necessary to regulate the general welfare
Malum Prohibitum
Which justification for punishment involves; Incapacitation, Specific Deterrence, and Treatment?
Specific Prevention
Which justification for punishment involves; General Deterrence, Education of Others, and Channels Resentment?
General Prevention
Which justification for punishment involves; an eye for an eye
Retribution
The Supreme Court Case of Griswold v. Conn. relates to what part of the Federal Constitution
The Right of Privacy
Making sure that laws are precise and not too vague relates to what part of the Federal Constitution
The Prohibition Against Vagueness
The idea that the punishment must fit the crime relates to what part of the Federal Constitution
No Cruel or Unusual Punishments
Someone cannot be tried twice for the same crime in the same jurisdiction relates to what part of the Federal Constitution
No Double Jeopardy
The idea of going back in time and changing rules to a defendants disadvantage relates to what part of the Federal Constitution
No Ex Post Facto Laws
Legislative act that inflicts punishment without a judicial trial relates to what part of the Federal Constitution
No Bills of Attainder
Making something illegal only for one group of people is not allowed because of what part of the Federal Constitution
Equal Protection of the Laws
Not being able to punish an individual because of their status relates to what part of the Federal Constitution
No Statue Crimes
Judge made Law
The Common Law
The precedent of the Common Law
Stare Decisis
One Code of crime used to modernize and bring together all 50 state laws
The Model Penal Code
MN Criminal/Penal Code, United States Code
Modern Statutory Codes
The criminal lawmaking to administrative agencies
Administrative Crimes
Contains one crime: Treason
U.S. Constitution
The one who commits the crime, pulls the trigger.
Principle in the first degree
The one who does not commit the crime but is present and participates
Principle in the second degree
Helps before the crime is committed, but never appears at the crime scene
Accessory before the fact
Helps after the crime by either hiding people or evidence
Accessory after the fact
If you are directly affiliated to the crime, you are considered…?
Parties to the Crime
If you are not directly affiliated to the crime, you are considered…?
Accessory after the fact
Doing this to avoid punishment in the future is known as what?
Withdrawal
Liability for crimes simply because of a relationship with the other person
Vicarious liability
To convict a person of a crime, evidence is needed to establish each element beyond a reasonable doubt
Prima Facie case
A voluntary, conscious, bodily movement done to commit a crime
Actus Reus
Failing to do something is known as what
Omissions
What are the six categories of omissions
Relationships, statutes, contract, Voluntary assumption of care, defendant created the peril, and Duty to control the conduct of others
What the defendant must be thinking at the time of the act
Mens Rea
What are the six traditional approaches to Mens Rea
Specific Intent. General Intent, Criminal Negligence, Malice, Strict Liability, and Constructive Intent
What are the four levels of mental states?
Purposely, Knowingly, Recklessly, and Negligence
This approach focuses on the particular defendant
Subjective Approach
This approach does not focus on the defendant, instead focuses on the average ordinary person
Objective Approach
‘Doesn’t matter if you hit/hurt the wrong person/thing, the intent was still there’ refers too what
Transferred intent
‘Wanted to kill someone, has a plan to kill someone, however they died by accident’ this refers to what
Concurrence of the Act and Mental State
The act which produces an event, without the act the even would not have been produced
Factual Causation
The But/For test can be used to find what
Factual Causation
The death has to be a natural and probable consequence of the defendants actions
Proximate Causation
The ‘Sphere of Risk’ helps prove what
Proximate causation
What are the four intervening factors that break the chains of proximate causation
Acts of Nature/God, Acts by a 3rd Party, Acts of the Victim, and Preexisting Conditions
The unlawful killing of another human being with malice aforethought
Murder
What are the five requirements to malice aforthought
Intent to kill, Intent to inflict great bodily harm and victim dies, Intent to commit a felony and someone dies, Intent to resist lawful arrests, and Awareness of high risk of death.
‘I hear it, I see it, I touch it’ are all examples of what type of evidence
Direct evidence
‘Cannot see but can infer obviously what happened’ is an example of what type of evidence
Circumstantial evidence
Intent to kill with some reflection, deliberation, reasoning, or weighing is what degree of murder
First Degree
A killing with malice aforethought or awareness of a high risk death is what degree of murder
Second degree
First degree murder plus proof of at least one aggravating factors is what type of murder
Capital Murder
A killing, committed during the course of a felony
Felony Murder
An intentional killing with no cooling off period is known as what
Voluntary Manslaughter
What four common law elements drop the crime to voluntary manslaughter
Any reasonable person would lose control, defendant was provoked, provocation and killing are not long enough to have a cool off time, and defendant did not cool off,
The unintentional killing due to either criminal negligence, death cause during unlawful act, or doesn’t amount to a felony refers to what
Involuntary Manslaughter
The unlawful application of force to another is defined as
Battery
What are the two types of assault
Attempted Battery and Placing another in fear
permanent disfiguring or disabling
Mayhem
intentional unlawful confinement or restraint of another
False Imprisonment
forcible movement of another
kidnapping
Unlawful carnal knowledge of a woman by a man, not her husband, with her effective consent
Rape
The requirement of convicted sex offenders to register with Law Enforcement is in place by which law
Megan’s Law
an age under which a person cannot consent
Statutory rape
anal penetration
Sodomy
The sexual intercourse where at least one party is married to someone else
Adultery
The sexual intercourse where neither party is married
Fornication
Marriage or sex between people closely related
Incest
Making a promise in order to have sex
Seduction
