Generally

Question 1

Felony

Answer 1

crime punishable by imprisonment for more than 1 year or death

Question 2

Misdemeanor

Answer 2

crime punishable by imprisonment for no more than one year

Question 3

Proportionality principle

Answer 3

criminal conduct and punishment are calibrated/set to be proportionate to the severity of harm caused and societal judgment value of moral blameworthiness
a. Culpability (responsibility for a fault or wrong)
b. Dangerousness
c. Harm

Question 4

Rule of Legality

Answer 4

1. “no crime without law, no punishment without law”
2. Rigorous enforcement of legality means dangerous people aren’t always punished (Keeler v. State)
3. Prohibits retroactive lawmaking (roots from ex post facto clause and due process clause)
   a. DPC: “provide a person of ordinary intelligent fair notice of what is prohibited”
   b. Ex post facto example: prohibition
4. Vague statutes are unacceptable

Question 5

Punishment

Answer 5

when an agent of the government intentionally inflicts pain or suffering based off a conviction

Question 6

What accompanies criminal punishment?

Answer 6

Community condemnation

Question 7

When a statute contains a common law term…

Answer 7

…the presumption is that it retains its common law meaning.

Question 8

Rule of Lenity (a/k/a rule of strict construction)

Answer 8

1. Biased in favor of the accused
2. Strict construction of statutes
3. Should only be used as “last resort” or “tie breaker” in statutory interpretation
4. Not based in Constitution, but supports principle of legality

Question 9

Constitutional Limits: Vagueness

Answer 9

i. A court considering a vagueness challenge must ask whether a “person of ordinary intelligence” can understand the terms used by the legislature, but not whether the defendant in fact knew what the statute means
ii. If the statute is vague, the court must treat the law as a nullity (“void for vagueness”)
iii. Doctrine of overbreadth: criminal statutes may not infringe on those Constitutionally protected rights; provides that a regulation of speech can sweep too broadly and prohibit protected as well as non-protected speech

Question 10

3 protections afforded by the vagueness doctrine

Answer 10

(1) allow people to avoid unlawful acts by changing their conduct, (2) prevent arbitrary or discriminatory law enforcement, (3) avoid limiting freedom of speech

Question 11

Constitutional Limits: Privacy

Answer 11

2 men having sex in privacy of their home violated TX statute; TX statute infringed on Constitutional right to privacy

Question 12

Constitutional Limits: Proportionality

Answer 12

i. “excessive bail shall not be required, nor excessive fines be imposed, nor cruel or unusual punishment inflicted.” (8th Amendment)
1. Sanction imposed on the defendant should correspond with the crime
ii. 3 facts to assess when determining if punishment is cruel or unusual: (1) the gravity of offense and harshness of penalty, (2) sentences imposed on other criminals in same jurisdiction, (3) sentences imposed for commission of the same crime in other jurisdictions

Question 13

Elements of a crime (Common Law)

Answer 13

Act, mental state, causation, attendant circumstances (there must be a concurrence of the elements (elements must be present at the same time for the crime to have taken place))
-Example: drunk person sitting in parked vehicle doesn’t constitute driving while intoxicated b/c the proof wasn’t legally sufficient/concurrent because the person was not driving the vehicle

Question 14

Material elements of a crime (Common Law)

Answer 14

must be proved by the prosecutor; conduct, attendant circumstances, result, mental state (CARM)
i. Conduct is often circumstantial evidence of mental state
ii. Not all crimes have a result***

Question 15

Element of an offense (MPC)

Answer 15

(i) such conduct or (ii) such attendant circumstances or (iii) such a result of conduct as:
a. (1) Is included in forbidden conduct in the definition of offense, or (2) establishes required culpability, or (3) negates an excuse or justification for such conduct or (4) negates a defense under the statute of limitations, or (5) establishes jurisdiction or venue

Question 16

Material element of an offense (MPC)

Answer 16

an element that doesn’t relate exclusively to the statute of limitations, jurisdiction, venue, or to any other matter similarly unconnected with
a. (i) The harm or evil, incident to conduct, sought to be prevented by the law defining the offense, or (ii) the existence of a justification or excuse for such conduct

Question 17

Ex Post Facto

Answer 17

having affect retroactively

Question 18

Bill of Attainder

Answer 18

special unlawful legislation that declares a person to be guilty of a crime and punished without a trial or conviction

Question 19

3 types of statutory interpretation must know for this course

Answer 19

(1) intentionalism (effectuate lawmaker’s intentions); (2) textualism (plain meaning of statutes); (3) dynamic (considering present societal, political, and legal context)

Question 20

Test for proper jury instructions

Answer 20

Test for Jury Instructions
1.) Does the instruction correctly state the law?
2.) Is there evidence on record supporting the instruction?
3.) Does the substance of the tendered instruction is covered by other instructions which are given?