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
what is the mens rea of strict liability crimes?
no mens rea - doesn’t matter why you did it, just that you did it
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
when is mistake of fact or law a valid defense under MPC?
mistake of fact or law is a valid defense for MPC
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
explain the need for “causation” element of a crime
to be criminally liable, the defendant must cause the harm
what are the two “types” of causation?
defendant’s conduct must be both the cause in fact and the proximate cause of the crime
define “cause in fact” as related to causation
the harm would not have occurred BUT FOR the defendant’s actions
define “proximate cause” as related to causation
if there are no intervening causes that would break the chain of causation
define an “independent intervening cause”
is it a mere coincidence? if so, there’s no causation unless the event was foreseeable
define a “dependent intervening cause”
is it a response? if so, there’s causation unless some other abnormal event occurs
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
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
define “utilitarian theory” as related to theories of punishment
one justified primarily by preventing future harms
define “willful blindness”
one may not intentionally close his eyes to what would otherwise be obvious to him
