Modules 1-3 Flashcards
Inchoate Crimes
Crimes that are not yet completed (attempt, conspiracy, and solicitation)
Substantive Criminal Law
Declares what conduct is criminal and prescribes the punishment to be imposed for such controls
Purpose of criminal law
To prevent people from doing what society considers to be undesirable
Subpoena
A court order directing the person to appear in court to testify and present evidence
Prosecutor’s decision to charge
Prosecutor makes a decision based on the strength of the evidence, and decides if the charge was at the right level.
What does filing a complaint mean?
Prosecutor files the charges with the magistrate court. This is a brief document that explains the allegation, time and place, acts, and is signed by the complainant.
Complainant
Person who swears under oath that the info is correct usually the victim or investigating officer
How is bail determined?
Whatever number is reasonably needed to make sure the defendant appears in court. The likelihood of flight and the safety risk to the community are often considered
Preventive detention
When the risk is too high to allow the defendant awaiting trial bail, so the defendant must stay incarcerated
What happens at a preliminary hearing?
The magistrate decides whether there is enough probable cause to believe the defendant committed the crime. If there is, he will bind over the case
Bind-over a case
When a magistrate decides at a preliminary hearing that there is enough evidence to convict the defendant of the crime. This means the case has been moved to the next stage
Grand Jury Review
A group of private citizens that are selected to review cases. Must have a majority vote to determine if there is enough evidence to justify a trial. Here only the evidence presented by the prosecution. They will issue an indictment if they think there is enough evidence to prosecute, otherwise the defendant is dismissed.
Arraignment
Defendant is brought before the trial court and told of the charges against him, then asked to enter a plea of guilty, not guilty, or nolo contendere. Then the judge sets for trial date.
Nolo Contendere
No admission of guilt but agreeing to punishment
Pretrial motions
Objectives are raised that attacked the sufficiency of the charging instrument, disclosure of evidence, suppression of evidence that has been illegally obtained
Elements of a criminal trial
- presumption of defendants innocence
- proof beyond a reasonable doubt
- right of defendant not to take the stand
- exclusion of a illegally obtained evidence
- defendant has a right to a jury trial
- if the jury can’t agree the case is retried
Sentencing options
- Financial sanctions like fines
- released to the community like probation or house arrest
- incarceration (jail is for lesser sentences, and prison is for longer sentences)
Collateral remedies
defendant can challenge his conviction (often using habeas corpus)
Habeas corpus
Protection against illegal imprisonment
Purposes of criminal law
1) retribution
2) deterrence
A) General deterrence: discouraging others from committing that wrong
B) specific deterrence: discouraging that defendant from doing it again
3) denunciation
4) incapacitation
5) rehabilitation
Two types of deterrence
A) specific deterrence
B) General deterrence
Specific deterrence
Discouraging that particular defendant from doing the wrong again
General deterrence
Discouraging others in the community from committing the same wrong the defendant committed
What is criminal law?
Determining what act and what mental state together with what attending circumstances or consequences are necessary ingredients of the various crime
Model Penal Code
Not a uniform code (every state is different). The MPC is a re-examination of the substantive criminal law.
Substantive criminal law
For the purpose of preventing harm to society it declares what conduct is criminal and prescribes the punishment to be imposed
Conduct
The act or the omission to act where there is a duty to act
Defenses to liability
Insanity, infancy, collision, self-defense
Justification
When an action is morally appropriate. The harm caused is a legally recognized harm, and is outweighed by the need to avoid an even greater harm or to further a great societal interest
Excuse
Conduct is not warranted but the person involved is not blameworthy. The deed is wrong but the actor is excused because suffering from an abnormal condition at the time of the offense that creates a condition rendering him blameless for his conduct
Proximate cause
The legal cause
Principle of legality
Conduct is not criminal unless forbidden by law providing advanced warning that such conduct is criminal
Elements of a crime
- conduct
- mental fault
- attendant circumstances
- specified result
Broad aim of criminal law
To prevent harm to society and to prevent injury to the health, safety, morals and welfare of the public. It does this by punishing those who have done harm and by threatening with punishment those who would do harm
Differences between civil and criminal law
Moral condemnation the community visits upon the criminal but not upon the civil wrongdoer
Why is the criminal standard beyond a reasonable doubt?
it is better to let some guilty escape, than to convict and innocent person
Evidentiary Tests
The decision must be made as to whether to do each level of conviction. Ie) whether to arrest, whether to charge, whether to convict or sentence
Probable cause
Reasonable grounds must be present before an individual can be stopped and questioned
Reasonable doubt test
There must be an abiding conviction to a moral certainty of the truth of the charge. (someone did the required act or omission with the required mental fault, under the required circumstances, and produce the required harmful consequences without embracing the further fact that the defendant was the one who did or omitted that act)
Corpus Delicti
The body of the crime. The commission of a crime by someone, including:
A) occurrence of the specific kind of injury or loss ie) homicide = Dead body
B) someone’s criminality = not an accident someone actually did the deed
What are most corpus delicti cases?
Homicide where the person disappeared and there is no body. You don’t want to charge someone with murder if there’s a chance that the person is not dead.
Extrajudicial
Out of court
Theories of punishment
1) prevention
2) restraint
3) rehabilitation
4) deterrence
5) education
6) retribution
7) restoration
prevention as a theory of punishment
Intimidation. Aims to deter the criminal. Gives the criminal an unpleasant experience he will not want to endure again
Restraint as a theory of punishment
Incapacitation, isolation, disablement. By isolating these people from society they can’t commit further crimes
Rehabilitation as a theory of punishment
Correction. Punished by giving treatment. Therapy can effect changes in behavior
Deterrence as a theory of punishment
Deter others from committing future crimes lest they suffer the same fate as the criminal
education as a theory of punishment
Educate the public on good and bad conduct. Society will generally observe this when known.
Retribution as a theory of punishment
Revenge, retaliation, punishment. It is only fitting and just that one who caused harm to others should himself suffer for it. This restores the peace of mind and represses the criminal tendencies of others. It is important to maintain respect for the law and to suppress acts of private vengeance
Restoration is a theory of punishment
Brings criminals and their victims together and the criminals are confronted with the actual consequences of their actions. They can make amends by recognizing the wrongfulness of their conduct, expressing remorse and taking steps to repair the damage
Determinate sentence
Ensures that the defendant served a predetermined period of incarceration
Indeterminate sentence
When a sentence is given a minimum and maximum and the date that the person is permitted to leave prison is determined by a third-party usually a parole board
