Federal Criminal Law Flashcards
Three basic parts of a criminal Statute
- An act or failure to act
- A criminal intent
- And the punishment
Tort
A tort is an act, or failure to act, in which the law provides a remedy for the victim through a civil action ( claim and/or lawsuit)
Plaintiff v. Defendant
General Intent
Only requires the intent to do the prohibited act.
- not necessary to prove that the defendant intended the precise result of the act
Specific Intent
Requires proof of a particular mental state
- includes terms like intentionally, willfully, purposefully, with intent to etc.
General Rule
Government does not have to prove why someone committed the crime (MOTIVE v INTENT)
- Exceptions: Hate Crimes and terrorism
All criminal statutes must penalize the criminal conduct.
What are the four penalties?
- Fines
- Probation
- Incarceration
- Death
What is a felony?
An offense for which the maximum term of imprisonment authorized by statute is MORE THAN ONE YEAR
What is a Misdemeanor?
An offense for which the maximum term of imprisonment authorized by statute is ONE YEAR OR LESS
Identify categories of individuals prohibited from possessing firearms
Convicted Felons
Fugitives From Justice
Drug Users /Addicts
Persons Adjudicated Mentally Defective
Illegal Aliens
Person with dishonorable discharges
Renounced us citizenship
Domestic relations restraining orders
Misdemeanor crimes of domestic violence
Motive
Motive is not intent
Motive is WHY criminal did it (jealousy,spite, anger,etc.)
NOT an element of crime (but useful information to help prove case)
Proof of crime =
Act element + intent element
Types of federal Jurisdiction
- EXCLUSIVE JURISDICTION
- CONCURRENT JURISDICTION
- PROPRIETARY JURISDICTION
EXCLUSIVE JURISDICTION
Jurisdiction belongs EXCLUSIVELY to the United Sates
What is CONCURRENT JURISDICTION?
State and federal governments have authority
- violation of both state and federal law
- geographic location is appropriate
what is PROPRIETARY jurisdiction?
State only has jurisdiction
What is the Assimilative Crimes Act?
18 USC £ 13
If no federal law, federal law adopts/absorb (assimilate) state laws
Identify the elements of Title 18 USC £ 111
(Assault on a federal officer or employee)
Simple assault <== misdemeanor
Otherwise. ^ felony, 8 years
Deadly weapon or bodily injury <=== 20 years
WHO are those IDENTIFIED in 18 USC £ 1114?
ANY officer or employee of the United Sates, agencies or branches, or anyone assisting such officer or employee in the performance of this official duties.
What is the different between a bribe and an illegal gratuity?
- BRIBE causes something (corruptly) illegal to occur
- UNLAWFUL gratuity is giving, offering, OR seeking, accepting anything of value for discharge of official duties without showing that there was corrupt intent to cause something illegal to occur.
What is possession statute?
21 USC £ 844 (possession of controlled substance)
What is 21 USC £ 841?
(Manufacturing and distribution of controlled substance)
What is “possession”?
• ability to CONTROL the substance.
• knowing possession means that the person has knowledge of the NATURE of the substance being controlled.
- actual possession - on the person
- constructive - ability to control
(Trunk of car, suspects house, look at all the circumstances)
Possession…”TOTALITY OF CIRCUMSTANCES”
Consider:
•ability to control
•ownership of vehicle, house, bag, etc.
•proximity of drugs to individual (within sight, smell, etc.)
•statements by suspect
“I saw the dope but it belonged to Johnny”
What is a “controlled substance”?
•substance who’s legal possession is “controlled” by the government
•those drugs or other substance listed in the SCHEDULES of 21 USC £ 812
•listed by scientific/ common name
- prescription drugs
- street drugs: cocaine, heroin, marijuana
- raw forms of street drugs: coca leaves, opium, unprocessed marijuana
- more recently, drug precursors and “designer drugs” have complicated the legal equation and schedules
- quantity of drugs- MUST PLEAD/ PROVE QUANTITY which impacts on maximum punishment
- ALCOHOL AND TOBACCO ARE NOT CONTROLLED SUBSTANCES UNDER FEDERAL DRUG LAWS