Midterm Material

Question 1

What are the five situations that create criminal liability by omission?

Answer 1

1. Statute
2. Contract (nurse/lifeguard)
3. Status Relationship
4. Voluntary assumption of care - detrimental reliance
5. Creation of risk

Question 2

What is the Sentencing Reform Act 2 step test?

Answer 2

1. Permissible purpose related to offence?

2. Reasonably related to the purpose of deterrence, protection of public, or rehabilitation?

Question 3

Test for Proximate Cause in MPC?

Answer 3

Is the difference between these two results too great? too remote? question for jury

Question 4

Test for Common Law Proximate Cause?

Answer 4

1. Was D’s conduct the actual or cause in fact?
2. Any intervening Factor?
3. Was the intervening factor superseding?

Question 5

Mistake of Fact analysis: for General intent, did the D act with a _____ _____ state of mind ? (culpability)

Answer 5

morally blameworthy

has to be reasonable belief unlike in specific intent crimes

Question 6

True or False:

Mistake of fact can be used in Strict Liability Crimes

Answer 6

False

Question 7

Principle of Legality: no punishment without crime. no crime without law. Requires Fair notice 2 part test:

Answer 7

1. Fair warning

2. Arbitrary and Discriminatory enforcement must be avoided

Question 8

Eighth Amendment applies by restricting punishment in 3 ways:

Answer 8

1. Type of punishment
2. “grossly disproportionate”
3. Substantive limits on what can be criminalized