General Principles Flashcards
What is deterrence in the context of punishment?
Punishing an offender aims to deter future violations of the law. Specific deterrence refers to deterring the offender from reoffending, while general deterrence aims to deter other offenders from committing the same offense.
What does incapacitation mean?
Incapacitation, or restraint, protects society from the offender by isolating the offender from members of society.
What is the purpose of rehabilitation in punishment?
Rehabilitation gives the offender the opportunity to receive treatment so that they can be returned to society reformed, no longer desiring or needing to violate the law.
How does punishment serve educational purposes?
Punishing offenders educates the public about the difference between criminal and non-criminal conduct.
What is retribution in the context of punishment?
Punishing an offender is morally fair to recompense for the offender’s crime.
What is Actus Reus according to MPC 2.01(2) & (3)?
A person is not guilty of an offense unless their liability is based on conduct that includes a voluntary act or the omission to perform an act they are physically capable of. An omission cannot form the basis for criminal liability unless expressly made sufficient by law.
What is Mens Rea?
Mens Rea is the state of mind required to commit an offense, with four levels of culpability: purposely, knowingly, recklessly, and negligently.
What does ‘purposely’ mean in the context of MPC 2.02(2)(a)?
A person acts purposely when it is their conscious object to engage in certain conduct or to cause a certain result.
What does ‘knowingly’ mean in the context of MPC 2.02(2)(b)?
A person acts knowingly when they are substantially certain that a criminal result will arise from their conduct.
What does ‘recklessly’ mean in the context of MPC 2.02(2)(c)?
A person acts recklessly when they consciously disregard a substantial and unjustifiable risk that the material element exists or the criminal offense will result from their conduct.
What does ‘negligently’ mean in the context of MPC 2.02(2)(d)?
A person acts negligently when they should have been aware of a substantial and unjustifiable risk that the material element exists or the criminal offense will result from their conduct.
What are the conditions for establishing culpability according to MPC 2.02(3) & 2.02(5)?
Culpability is established if a person acts purposely, knowingly, or recklessly. If negligence suffices, it is also established if a person acts purposely, knowingly, or recklessly.
When is ignorance or mistake a defense according to MPC 2.04(1)?
Ignorance or mistake is a defense if it negates the required state of mind or if the law provides that such ignorance or mistake constitutes a defense.
What is the rule regarding mistakes and grading under MPC 2.04(2)?
Ignorance or mistake is not a defense if the defendant would be guilty of another offense had the situation been as supposed, but it will reduce the grade of the offense.
What are the exceptions to mistakes of law according to MPC 2.04(3)?
A belief that conduct does not constitute an offense is a defense only if the statute was not known to the defendant and was not published, or if the defendant relied on an official statement of the law that was later found to be invalid.
