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Exam 2 > Federal Criminal Law > Flashcards

Federal Criminal Law Flashcards

1
Q

Three basic parts of a criminal Statute

A
  1. An act or failure to act
  2. A criminal intent
  3. And the punishment
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2
Q

Tort

A

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

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3
Q

General Intent

A

Only requires the intent to do the prohibited act.

  • not necessary to prove that the defendant intended the precise result of the act
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4
Q

Specific Intent

A

Requires proof of a particular mental state

  • includes terms like intentionally, willfully, purposefully, with intent to etc.
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5
Q

General Rule

A

Government does not have to prove why someone committed the crime (MOTIVE v INTENT)

  • Exceptions: Hate Crimes and terrorism
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6
Q

All criminal statutes must penalize the criminal conduct.

What are the four penalties?

A
  1. Fines
  2. Probation
  3. Incarceration
  4. Death
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7
Q

What is a felony?

A

An offense for which the maximum term of imprisonment authorized by statute is MORE THAN ONE YEAR

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8
Q

What is a Misdemeanor?

A

An offense for which the maximum term of imprisonment authorized by statute is ONE YEAR OR LESS

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9
Q

Identify categories of individuals prohibited from possessing firearms

A

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

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10
Q

Motive

A

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)

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11
Q

Proof of crime =

A

Act element + intent element

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12
Q

Types of federal Jurisdiction

A
  1. EXCLUSIVE JURISDICTION
  2. CONCURRENT JURISDICTION
  3. PROPRIETARY JURISDICTION
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13
Q

EXCLUSIVE JURISDICTION

A

Jurisdiction belongs EXCLUSIVELY to the United Sates

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14
Q

What is CONCURRENT JURISDICTION?

A

State and federal governments have authority

  • violation of both state and federal law
  • geographic location is appropriate
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15
Q

what is PROPRIETARY jurisdiction?

A

State only has jurisdiction

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16
Q

What is the Assimilative Crimes Act?

18 USC £ 13

A

If no federal law, federal law adopts/absorb (assimilate) state laws

17
Q

Identify the elements of Title 18 USC £ 111

(Assault on a federal officer or employee)

A

Simple assault <== misdemeanor

Otherwise. ^ felony, 8 years

Deadly weapon or bodily injury <=== 20 years

18
Q

WHO are those IDENTIFIED in 18 USC £ 1114?

A

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.

19
Q

What is the different between a bribe and an illegal gratuity?

A
  • 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.
20
Q

What is possession statute?

A

21 USC £ 844 (possession of controlled substance)

21
Q

What is 21 USC £ 841?

A

(Manufacturing and distribution of controlled substance)

22
Q

What is “possession”?

A

• 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)

23
Q

Possession…”TOTALITY OF CIRCUMSTANCES”

Consider:

A

•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”

24
Q

What is a “controlled substance”?

A

•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
25
Q

SCHEDULE 1

A

• is no currently accepted medical use
•high potential for abuse
Examples: (heroin, LSD, Mescaline, peyote)

26
Q

SCHEDULE 2 drugs

A

• has a current accepted medical use
• high potential for abuse
Examples (cocaine, crack, opium, methadone, injectable methamphetamine, FENTANYL)

27
Q

SCHEDULE 3 drug

A

• has a current accepted medical use
• has a potential for abuse
Examples (amphetamines, barbituric acid (barbituates) anabolic steroids

28
Q

SHEDULE 4

A

•has a current accepted medical use
•has low potential for abuse
Examples: cough syrup with codeine

29
Q

What is 18 USC $ 2241

A

Aggravated Sexual Abuse

ELEMENTS
- the defendant knowingly caused another person to engage in a sexual act

  • using force or by threat that someone would be subjected to death, serious bodily injury or kidnapping
  • or by rendering another person unconscious or substantially impairing another persons ability to appraise and control conduct
30
Q

What is 18 USC $ 2241 attempts?

A
  • the attempt to commit aggravated sexual abuse also constitutes in themselves aggravated sexual abuse
  • there is no spousal immunity, so committing these acts upon ones spouse is criminal
31
Q

What is 18 USC $ 2242 ?

A

Sexual Abuse

32
Q

What are elements of Sexual Abuse?

A

-within fed jurisdiction
- the defendant knowingly caused another person to engage in a sexual act;

  • by threatening or placing that other person in fear (other than by threat of death, serious bodily injury or kidnapping) ;
  • or by engaging in a sexual act with a person incapable of appraising the nature of the conduct or physically incapable of declining to participate in, or communicating unwillingness to participate in, the sexual act
33
Q

What are the sexual abuse attempts ?

A
  • attempts to commit sexual abuse are in themselves sexual abuse
  • there is no spousal immunity, so committing these acts upon one’s self
34
Q

What is 18 USC $ 2243 ?

A

Sexual abuse of a minor

            &

Sexual abuse of a Ward

35
Q

18 USC $ 2243 sexual abuse of a MINOR

A

Valid defenses:
- a reasonable belief that the other person was at least 16 years of age (in attempting to prove the defendant believed the other person was at least 16, it is permissible to allow witnesses to relate their opinions as to how old the victim looked on the night in question.)

  • being married to the other person at the time of the offense is a valid defense
36
Q

What is 25 USC $ 2303(b) ?

A

“The Indian Child Protection Act”

Covered by :

18 USC $ 1169
18 USC $ 3509 (d)
18 USC $ 403

37
Q

The Indian Child Protection act requires reporting of:

A
  • the abuse of a child in Indian country (actual abuse) or
  • actions which would reasonably be excepted to result in abuse of a child in Indian country (suspected abuse)

Exam 2 (1 decks)

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