Midterm Flashcards
What are the basic steps of a criminal trial by jury?
- Jury empaneled (Voir Dire and peremptory strikes)
- Prosecution presents evidence
- Defense presents evidence
- Closing statements
- Judge instructs the jury
- Jury deliberates and decides
Why does the prosecution present evidence first in a criminal trial?
Because of the assumption of innocence
What is the standard of proof in a criminal trial?
Beyond a reasonable doubt
What is the difference between speculative doubt and reasonable doubt?
Speculative doubt lacks a basis in evidence, while reasonable doubt is based on the evidence presented
What does sufficiency of evidence refer to in a trial?
Whether the evidence shows the defendant guilty beyond a reasonable doubt
What is the role of an appellate court in terms of evidence sufficiency?
To decide whether there was enough evidence for a rational trier of fact to find a defendant guilty
In Owens v. State, what was the key issue regarding circumstantial evidence?
Whether the circumstances are consistent with a reasonable hypothesis of guilt
What is the consequentialism/utilitarian framework in punishment theory?
Punishment justified if it produces a greater net good than alternatives
What does ‘deterrence’ mean in the context of punishment?
Preventing future offenses by discouraging potential offenders
What is the goal of rehabilitation in punishment?
To integrate the defendant back into society to prevent future crimes
What is incapacitation in the context of punishment?
Locking up individuals to prevent them from committing further crimes
What are the costs considered in utilitarian punishment theory?
- Financial costs
- Social costs
- Societal costs
What is the retributive (deontological) framework?
Punishment is justified independent of its social utility; it is based on moral culpability
According to Moore, why is punishment justified?
Because the person who commits the crime deserves it
What does the ‘Eye for an Eye’ principle signify in retributive theory?
Suffering is deserved because a person did something wrong
What is unique about hybrid theories of punishment?
They combine retributive limits with consequentialist reasoning to determine punishment
What was the outcome of People v. Du regarding sentencing?
Defendant received probation instead of jail time due to unusual case factors
What does the 8th Amendment’s proportionality clause entail?
A sentence must be ‘grossly disproportionate’ to violate the clause
What is the three-factor test for analyzing the proportionality of a sentence?
- Gravity of the offense
- Comparison of punishment with sentences imposed on others
- Comparison of sentences for the same crime in other jurisdictions
What is the principle of legality?
Ensures individuals can obtain notice of prescribed conduct and protects against arbitrary state action
What is the ‘void for vagueness’ doctrine?
Criminal statutes must be clear enough to give adequate notice and avoid arbitrary enforcement
What does the ex post facto clause prohibit?
Statutes that punish actions retroactively
What is the significance of the Mendoza-Martinez factors?
Guidelines for determining if a statute acts like a criminal statute
What is the cardinal rule of statutory interpretation?
Determine the intent of the legislature
What are the steps in Oregon statutory interpretation according to the PGE/Gains method?
- Examine text/context of statute
- Examine legislative history
- Apply general maxims of statutory construction
What does ‘ejusdem generis’ mean in statutory interpretation?
A principle that limits general terms to things of the same kind as those specifically enumerated
What is the significance of the Gains decision in relation to legislative history?
Prior to Gains, Oregon courts only examined legislative history if the intent was not obvious from the text/context inquiry.
What is no longer a prerequisite to consider legislative history offered by the parties?
Ambiguity in the text of statute.
What are general maxims of statutory construction?
Broad principles relied on in past cases to interpret statutes.
What is the principle of ejusdem generis?
When a nonspecific phrase follows a list of items, the nonspecific phrase refers to other items of the same kind.
What is the primary goal of statutory interpretation?
Determine the intent of the legislature.
What is Actus Reus?
Physical component of a crime.
What is Mens Rea?
Mental component of a crime.
What does the term ‘strict liability’ refer to?
Crimes that do not require proof of mens rea.
What is the ‘omission’ in the definition of actus reus?
The failure to get rid of something possessed.
What does the 8th Amendment prohibit in relation to criminalization?
Criminalization of mere states of being.
What case established that a state statute criminalizing addiction was unconstitutional?
Robinson v. California (1962).
What is the rule regarding ignorance of the law in criminal defense?
Ignorance of the law is generally not a valid defense.
What must a defendant prove in a mistake of law defense?
The mistaken belief must be based on an official statement of the law.
What is the ‘but-for’ test in causation?
A test for factual causation.
What is proximate causation?
Whether the outcome/result was reasonably foreseeable.
What is ‘malice aforethought’ in the context of murder?
Unlawfully causing death with intent to kill or awareness of causing death.
What is the difference between express and implied malice?
Express involves intent to kill; implied involves extreme recklessness.
What is voluntary manslaughter?
Murder mitigated by legally adequate provocation.
What is involuntary manslaughter?
Unlawfully causing death with criminal negligence.
What is the legal definition of burglary?
Breaking and entering the dwelling house of another at night with intent to commit a felony.
What constitutes the actus reus in the context of possession?
Knowingly procuring or receiving the thing possessed.
What is the significance of the case Muscarello v. United States?
Defined ‘carries a firearm’ to include possession in a vehicle.
What is the standard for determining mens rea when it is not explicitly stated?
Presume mens rea unless clearly stated otherwise.
What is the rule regarding mens rea in public welfare offenses?
They are typically strict liability offenses.
What are the four levels of mens rea according to the Model Penal Code?
- Purposely
- Knowingly
- Recklessly
- Negligently
What does the term ‘general intent’ refer to?
The basic mental state needed to commit a crime.
What is extreme recklessness also known as?
Depraved indifference, abandon and malignant heart
Define voluntary manslaughter.
Murder that is mitigated by legally adequate provocation (heat of passion)
What constitutes involuntary manslaughter?
Unlawfully causing the death of a human being with criminal negligence
In State v. Guthrie, what was the key issue regarding premeditation?
There must be evidence that the Defendant considered and weighed his decision to kill
What was the holding in State v. Guthrie regarding premeditation?
There must be some period between the formation of the intent to kill and the actual killing
What was the main issue in Midgett v. State?
Is the evidence of premeditation and deliberation sufficient to support a conviction of first-degree murder?
What was the conclusion of Midgett v. State regarding first-degree murder?
A conviction requires deliberate and premeditated killing; evidence of ongoing abuse was insufficient
What are the five categories under old common law for voluntary manslaughter?
- Aggravated assault or battery
- Seeing a serious crime against a close relative
- Illegal arrest
- Mutual combat
- Seeing wife in act of adultery
What is the subjective component of the ‘reasonable person’ test in voluntary manslaughter?
Defendant actually acted in heat of passion
What is the objective component of the ‘reasonable person’ test?
Facts and circumstances were sufficient to provoke a reasonable person to act from passion rather than reason
What does the causal connection in the ‘reasonable person’ test refer to?
Connection between provocation, passion, and killing
In People v. Berry, what was the nature of the provocation that could suffice for manslaughter?
Verbal provocation may be sufficient
What is the mens rea for MPC negligent homicide?
Defendant failed to perceive that her conduct created a substantial and unjustifiable risk of death
What is the basic formula for felony murder under old common law?
Death + felony = murder
What additional formula applies for involuntary manslaughter?
Death + misdemeanor = involuntary manslaughter
What does the MPC state about felony murder regarding recklessness?
Recklessness and indifference are presumed because they are engaged in felonious behavior
