exam 1 Flashcards
potential categories for all cases
crime
tort
regulation
license
lawful but immortal
core felonies
felonies against persons
felonies against property
classifying crimes
felonies: punishable by death or confinement of year or more and fine in prison
misdemeanors: punishable by fine and or local jail time (less than year)
how is criminal law created- us federal system
52 criminal codes
-50 states + Washington DC
criminal punishment theories
retributionists and preventionists
retributionists
inflicting on offenders physical and psychological pain so that offenders can pay for crimes
criticism: difficult to translate
- not part of human nature civilized society
- vast majority of crimes don’t require intent to harm a victim to qualify for criminal punishment
preventionists
punishment is only a means to a greater good, usually the prevention or at least the reduction of future crime
3 constitutional principles of support principle of legality
no Ex Post Facto Law
Void for vagueness Doctrine
rule of Lenity
what is criminal liability
conduct that unjustifiably and excusably inflicts or threatens substantial har to individual or public interests
exists:
1. criminal conduct
2. not justified
3. not excused
5 possible elements of a crime
1.criminal act (actus reps)
2.criminal intent (mens rea)
3.attendant circumstances
4.concurrence
5.bad result (causing a criminal harm )
criminal act (actus reps)
one voluntary act is enough
automatism
fault based defenses
affirmative defenses w
omissions as criminal acts
- legal duty to help or call help in 2 situations
failure to report
failure to intervene - legal duty arises from:
statutes
contracts
special relationships
Good Samaritan doctrine
American bystander rule
3 arguments against Good Samaritan criminal laws policy reasons
We restrict legal duties to act based on:
1. Individual conscience & cultural/peer pressure work better
than crim prosecution.
- Criminal justice system overburdened.
- Criminal law can’t force “Good Samaritans” to help
