General Flashcards
what makes something a crime?
conduct which will incur a formal and solemn pronouncement of the moral condemnation of the community
what are the five theories of punishment?
retribution, deterrence, rehabilitation, incapacitation, education
define the retribution theory of punishment
individual gets what he deserves, society gets revenge
define the deterrence theory of retribution
people will avoid crimes because they fear punishment suffered by others (speeding fines)
define the incapacitation theory of punishment
make it impossible for criminal to re-offend
define the education theory of punishment?
publicity of the behavior and its consequences (click it or ticket)
what are the three factors of proportionality?
gravity of offense, sentences imposed on other criminals in the same juris., sentences imposed on other criminals for crime in other juris.
what are the three standards of proof?
beyond a reasonable doubt, preponderance of the evidence, clear and convincing evidence
what are the two “malum” versions of statutory interpretation?
malum in se (bad in itself), malum prohibitum (bad according to rulemakers)
what is the rule of lenity?
interpret statutes narrowly so that a defendant is not convicted for a crime about which they may not have been aware
what are the five elements of a crime?
actus reus, mens rea, causation, attendant circumstances, concurrence of the elements
define an attendant circumstance
condition that must be present at the time of the actus reus that contributes to the determination that the act is a crime, without which the same act and intent would not be criminal
define actus reus
voluntary act that causes social harm
what four things are NOT classified as voluntary acts?
reflexes/convulsions, bodily movements during unconsciousness/sleep, conduct during hypnosis, bodily movement not a product of effort of actor
six times one has a duty to act
statute imposes duty to care, relationship, contractual duty (doctor), voluntarily assumed care, omission ollowing an act, creation of risk
what defines a specific intent crime?
intent to commit offense, with intent for a particular outcome to occur
what defines a general intent crime?
must prove that the defendant engaged consciously in the conduct, but don’t have to prove that they intended any particular result
what are the two MPC types of specific intent crimes?
purposefully and knowingly
what are the two MPC types of general intent crimes?
recklessly and negligently
define “purposefully” for MPC specific intent
conscious object to engage in the conduct, aware of such circumstances or believes/hopes they exist
define “knowingly” for MPC specific intent
aware that it is practically certain his conduct will cause such a result
define “recklessly” for MPC general intent
consciously disregards a substantial and unjustifiable risk, involving a gross deviation from the standard of conduct that a law abiding person would observe
define “negligently” for MPC general intent
should be aware of a substantial and unjustifiable risk and his behavior involves a gross deviation from the standard of care a reasonable person would observe
define “transferred intent”
if a defendant intended a harmful result to a particular person or object and in trying to carry out that intent, caused a similar harmful result to another, intent is transferred