General Flashcards

1
Q

what makes something a crime?

A

conduct which will incur a formal and solemn pronouncement of the moral condemnation of the community

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

what are the five theories of punishment?

A

retribution, deterrence, rehabilitation, incapacitation, education

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

define the retribution theory of punishment

A

individual gets what he deserves, society gets revenge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

define the deterrence theory of retribution

A

people will avoid crimes because they fear punishment suffered by others (speeding fines)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

define the incapacitation theory of punishment

A

make it impossible for criminal to re-offend

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

define the education theory of punishment?

A

publicity of the behavior and its consequences (click it or ticket)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

what are the three factors of proportionality?

A

gravity of offense, sentences imposed on other criminals in the same juris., sentences imposed on other criminals for crime in other juris.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

what are the three standards of proof?

A

beyond a reasonable doubt, preponderance of the evidence, clear and convincing evidence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

what are the two “malum” versions of statutory interpretation?

A

malum in se (bad in itself), malum prohibitum (bad according to rulemakers)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

what is the rule of lenity?

A

interpret statutes narrowly so that a defendant is not convicted for a crime about which they may not have been aware

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

what are the five elements of a crime?

A

actus reus, mens rea, causation, attendant circumstances, concurrence of the elements

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

define an attendant circumstance

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

define actus reus

A

voluntary act that causes social harm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

what four things are NOT classified as voluntary acts?

A

reflexes/convulsions, bodily movements during unconsciousness/sleep, conduct during hypnosis, bodily movement not a product of effort of actor

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

six times one has a duty to act

A

statute imposes duty to care, relationship, contractual duty (doctor), voluntarily assumed care, omission ollowing an act, creation of risk

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

what defines a specific intent crime?

A

intent to commit offense, with intent for a particular outcome to occur

17
Q

what defines a general intent crime?

A

must prove that the defendant engaged consciously in the conduct, but don’t have to prove that they intended any particular result

18
Q

what are the two MPC types of specific intent crimes?

A

purposefully and knowingly

19
Q

what are the two MPC types of general intent crimes?

A

recklessly and negligently

20
Q

define “purposefully” for MPC specific intent

A

conscious object to engage in the conduct, aware of such circumstances or believes/hopes they exist

21
Q

define “knowingly” for MPC specific intent

A

aware that it is practically certain his conduct will cause such a result

22
Q

define “recklessly” for MPC general intent

A

consciously disregards a substantial and unjustifiable risk, involving a gross deviation from the standard of conduct that a law abiding person would observe

23
Q

define “negligently” for MPC general intent

A

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

24
Q

define “transferred intent”

A

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

25
what is the mens rea of strict liability crimes?
no mens rea - doesn't matter why you did it, just that you did it
26
when is "mistake of fact" a defense for specific and general intent crimes for common law?
any mistake is a defense for specific intent, reasonable mistakes only as defense to general intent
27
when is mistake of fact or law a valid defense under MPC?
mistake of fact or law is a valid defense for MPC
28
what are the only three ways you can use "mistake of law" defense under common law?
mistakes that negate mens rea, authorized reliance doctrine, due process limitations
29
explain the need for "causation" element of a crime
to be criminally liable, the defendant must cause the harm
30
what are the two "types" of causation?
defendant's conduct must be both the cause in fact and the proximate cause of the crime
31
define "cause in fact" as related to causation
the harm would not have occurred BUT FOR the defendant's actions
32
define "proximate cause" as related to causation
if there are no intervening causes that would break the chain of causation
33
define an "independent intervening cause"
is it a mere coincidence? if so, there's no causation unless the event was foreseeable
34
define a "dependent intervening cause"
is it a response? if so, there's causation unless some other abnormal event occurs
35
Define the 'beyond a reasonable doubt' standard of proof
Govt must prove that the defendant committed the crime to such an extent that none of the jurors harbor a sufficient doubt
36
define "obstructed cause" as related to causation
if a person shoots someone, but doesn't kill, they're not liable if someone later causes the victim's death
37
define "utilitarian theory" as related to theories of punishment
one justified primarily by preventing future harms
38
define "willful blindness"
one may not intentionally close his eyes to what would otherwise be obvious to him