General

Question 1

what makes something a crime?

Answer 1

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

Question 2

what are the five theories of punishment?

Answer 2

retribution, deterrence, rehabilitation, incapacitation, education

Question 3

define the retribution theory of punishment

Answer 3

individual gets what he deserves, society gets revenge

Question 4

define the deterrence theory of retribution

Answer 4

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

Question 5

define the incapacitation theory of punishment

Answer 5

make it impossible for criminal to re-offend

Question 6

define the education theory of punishment?

Answer 6

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

Question 7

what are the three factors of proportionality?

Answer 7

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

Question 8

what are the three standards of proof?

Answer 8

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

Question 9

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

Answer 9

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

Question 10

what is the rule of lenity?

Answer 10

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

Question 11

what are the five elements of a crime?

Answer 11

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

Question 12

define an attendant circumstance

Answer 12

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

Question 13

define actus reus

Answer 13

voluntary act that causes social harm

Question 14

what four things are NOT classified as voluntary acts?

Answer 14

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

Question 15

six times one has a duty to act

Answer 15

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

Question 16

what defines a specific intent crime?

Answer 16

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

Question 17

what defines a general intent crime?

Answer 17

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

Question 18

what are the two MPC types of specific intent crimes?

Answer 18

purposefully and knowingly

Question 19

what are the two MPC types of general intent crimes?

Answer 19

recklessly and negligently

Question 20

define “purposefully” for MPC specific intent

Answer 20

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

Question 21

define “knowingly” for MPC specific intent

Answer 21

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

Question 22

define “recklessly” for MPC general intent

Answer 22

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

Question 23

define “negligently” for MPC general intent

Answer 23

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

Question 24

define “transferred intent”

Answer 24

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

Question 25

what is the mens rea of strict liability crimes?

Answer 25

no mens rea - doesn’t matter why you did it, just that you did it

Question 26

when is “mistake of fact” a defense for specific and general intent crimes for common law?

Answer 26

any mistake is a defense for specific intent, reasonable mistakes only as defense to general intent

Question 27

when is mistake of fact or law a valid defense under MPC?

Answer 27

mistake of fact or law is a valid defense for MPC

Question 28

what are the only three ways you can use “mistake of law” defense under common law?

Answer 28

mistakes that negate mens rea, authorized reliance doctrine, due process limitations

Question 29

explain the need for “causation” element of a crime

Answer 29

to be criminally liable, the defendant must cause the harm

Question 30

what are the two “types” of causation?

Answer 30

defendant’s conduct must be both the cause in fact and the proximate cause of the crime

Question 31

define “cause in fact” as related to causation

Answer 31

the harm would not have occurred BUT FOR the defendant’s actions

Question 32

define “proximate cause” as related to causation

Answer 32

if there are no intervening causes that would break the chain of causation

Question 33

define an “independent intervening cause”

Answer 33

is it a mere coincidence? if so, there’s no causation unless the event was foreseeable

Question 34

define a “dependent intervening cause”

Answer 34

is it a response? if so, there’s causation unless some other abnormal event occurs

Question 35

Define the ‘beyond a reasonable doubt’ standard of proof

Answer 35

Govt must prove that the defendant committed the crime to such an extent that none of the jurors harbor a sufficient doubt

Question 36

define “obstructed cause” as related to causation

Answer 36

if a person shoots someone, but doesn’t kill, they’re not liable if someone later causes the victim’s death

Question 37

define “utilitarian theory” as related to theories of punishment

Answer 37

one justified primarily by preventing future harms

Question 38

define “willful blindness”

Answer 38

one may not intentionally close his eyes to what would otherwise be obvious to him