Foundations of Criminal Law Flashcards
Ways to respond to crime
There are several ways to respond to crime: (1) incapacitation (2) rehabilitation (3) deterrence (4) restorative justice.
Types of elements
1) Conduct, (2) Result, and (3) Circumstance
What is a circumstance element?
Elements that refer to circumstances of the crime.
Usually, where, how much, when, etc.
What is a conduct element
The actual criminal act
ex. sell, take, injure, kill, etc.
What is a result element
What happens as a result of the crime
Usually death, accident, loss, etc
Deterrence considersations:
three
Certainty, Celerity, Severity
What is the most effective deterrence consideration?
Certainty
What is certainty
With regards to deterrence
The likelihood of someone being convicted for a crime
The punishment may not be bad, but there is a high certainty that you will get caught
Very effective
What is celerity
With regards to deterrence
The swiftness with which is a crime is punished
What is severity
with regard to deterrence
How harshly something is punished
This is what is commonly threated with punishment in the us
Not really effective
Very much undercut by a low certainty of being caught
nulla poena sine lege
no punishment without law
previously established law and that law must be announced in reasonably clear terms, so that the average person does not have to guess its meaning.
Also bans on retroactive applications and vagueness
The actus reus and mens rea of an offense must be met…
simultaneously
This is univerisally accepted because without it your bad act is just an act
Malum prohbitum
Crimes that are bad because of regulation not inherent morality
aka public welfare crimes
Uncommon offenses which typically injure a larger public
Usually held to strict liability
ex. food or drug adulteration, defective products, some traffic
Malum in se
Crimes that are inherently immoral even without a law against it
aka traditional crimes
typically happens to one or small numbers of people
ex. rape, murder, theft, etc.
Mens Rea
Aka guilty mind
The intentionality compontent of a crime
Intention, Knowing, Reckless, Negligent
