Intro to Justice System Flashcards
Federal Sources of Law
Federal Constitution
US Congress
Federal Courts
State Sources of Law
Oregon Constitution
Oregon Legislature
Oregon Courts
Violation
- cite and release
- arraignment
- plea
- trial
-sentencing or dismissal
Misdemeanor
- arrest or cite and release
- accusatory instrument
- arraignment
- plea, trial, sentencing or dismissal
Felony
- arrest or cite and release
- accusatory instrument
- ## initial appearance
Elements of a Crime
culpable mental state (mens rea)
conduct (actus reas)
Intentionally
a
person acts with a
conscious objective
to cause the result
or to engage in the
conduct so
described.
Knowingly
a
person acts with an
awareness that the
conduct of the
person is of a nature
so described or that
a circumstance so
described exists.
Recklessly
a
person is aware of
and consciously
disregards a
substantial and
unjustifiable risk
that the result will
occur or that the
circumstance exists.
Criminal Negligence
a
person fails to be
aware of a
substantial and
unjustifiable risk
that the result will
occur or that the
circumstance exists.
Attempt
A person is guilty of an attempt to commit a crime when the person intentionally engages in conduct which constitutes a substantial step toward commission of the crime
Solicitation
A person commits the crime of solicitation if with the intent of causing another to engage in specific conduct constituting a crime punishable as a felony or as a class A misdemeanor or an attempt to commit such felony or class A misdemeanor the person commands or solicits such other person to engage in that conduct.
Conspiracy
A person is guilty of conspiracy if with the intent that conduct constituting a crime punishable as a felony or as a Class A misdemeanor be
performed, the person agrees
with one or more persons to
engage in or cause the
performance of such conduct.
