Lecture 1 Flashcards
What is the definition of a crime?
An act that causes harm
Between felonies and misdemeanours, which are more serious?
Felonies
US criminal law is defined by ___ not ___
statutes, common law
What are the 3 sources of law in the US?
Common law, Statues, MPC (kinda, when adapted by a state)
Despite the State proving their case, what can result in acquittal?
Jury nullification
In the Utter case, why was the accused convicted?
He argued he only murdered his son because he was drunk and due to his army training, but the court ruled that voluntary intoxication was not a defence.
If Utter had proved that he had acted with a ___ this could have vitiated the voluntariness requirement
a conditioned responce
Is involuntariness a defence?
No. It is a failure of proof of the Actus reus, which requires a voluntary action/ommission
Is there a legal duty for someone to act?
Generally, no.
Give examples of situations that would require a legal duty to act
A special relationship between the perpetrator and victim (parent-child, spouses, doctor patient) - the relationship imposes a duty of care
Contracts (lifeguard, caretaker, police officers) A binding contract can crate a legal obligation
Statutes maymandate a duty to act - “Good Samaritan statues” - the requirement to render aid/ or a duty to performa an action (pay taxes, register a firearm)
Creation of risk - if you create a risk of harm, and harm occurs, you then have an obligation to remove them from harm. If you voluntarily take on the care of another and put them in peril, you are obligated to remove them from peril
In the Pestinikas Case, what action resulted in a conviction?
They entered into a contract to care for the deceased, and then neglected to do so, causing their death. “Commission by commission”
What does murder require?
Proof of malice
For a bystander to be considered liable, they must be proven to be a ___
accomplice
