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Criminal Law & Procedures > Notes > Flashcards

Notes Flashcards

+types of defenses

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1
Q

What does “erred” mean?

A

Error.

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2
Q

What does “affirmed” mean?

A

The Supreme Court agreed with the lower court.

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3
Q

What does “reverse” mean?

A

Also tied in with “remand,” is where you take it back to the lower court again and let them decide other questions of law.

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4
Q

What’s the difference between criminal and tort (civil) in connection to how it’s seen and approached?

A

Criminal is beyond a reasonable doubt, 95% positive on your claims. On the other hand, tort (civil) is the preponderance of evidence; more than 51% sure.

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5
Q

What is criminal liability?

A

Performing an act that harms or threatens to harm people or the public interest in a way that isn’t fair or reasonable (when you can be charged with a crime).

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6
Q

What 2 involvements are in regard to criminal omissions?

A
  1. Failure to act (contract)
  2. Failure to report/intervene (legal duty)
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7
Q

Legal duties are created in what three ways?

A

Statutes, contracts and special relationships.

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8
Q

What is legal duty?

A

An obligation enforced by law.

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9
Q

Both omissions—failure to report and failure to intervene—are criminal omissions only if…?

A

The defendants had alegal duty.

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10
Q

How many types of possession exist in law, and what are they?

A

Actual, constructive and exclusive.

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11
Q

What is actual possession?

A

On your person.

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12
Q

What is constructive possession?

A

Controlling the space or having knowledge of the possessed item {has to have evidence linked to individual(s)}.

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13
Q

What is exclusive possession?

A

1 individual in control.

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14
Q

Intent indicates…?

A

Premeditation.

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15
Q

What are the 4 “LY”s related to intent?

A

Knowingly, willingly, purposely, and recklessly.

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16
Q

Is motive intent?

A

NO.

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17
Q

What’s mistake of fact (in relation to defense)?

A

a defense to criminal liability whenever the mistake prevents the formation of any fault-based mental attitude—namely, purposely, knowingly, recklessly, or negligently. (a theory based on an honest error that the accused acted upon).

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18
Q

What’s an alibi in relation to defense?

A

Where the defendant claims they were somewhere else at the time the crime was committed.

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19
Q

What’s self-defense in relation to defense?

A

A specific type of defense that involves protecting oneself from harm or injury. It’s about using reasonable force to prevent or stop an attack on your own person (amounts to a grudging concession to necessity).

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20
Q

What’s public duty in relation to defense?

A

The obligation of citizens to protect their country and its people from threats, both foreign and domestic.

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21
Q

What’s a necessity in relation to defense?

A

a defense that argues an imminent danger of attack was prevented.

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22
Q

What’s duress in relation to defense?

A

when defendants use the excuse that they were forced to do what they did.

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23
Q

What’s defense of infancy in relation to defense?

A

states that a child is too young to understand the consequences of their actions and therefore cannot be held criminally responsible; or retains the mental age of a child.

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24
Q

What’s entrapment in relation to defense?

A

excuse that argues government agents got people to commit crimes they wouldn’t otherwise commit.

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25
Q

What’s insanity in relation to defense?

A

the legal term that refers to a mental disease or defect that impairs the reason and/or will to control actions.

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26
Q

What’s an excuse in relation to defense?

A

defendants admit what they did was wrong but claim that, under the circumstances, they weren’t responsible for what they did.

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27
Q

What is criminal conduct?

A

a criminal act triggered by criminal intent (necessary to hold individuals accountable for the crimes they commit).

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28
Q

What is justification in relations to defense?

A

Where defendants admit they were responsible for their acts but claim that, under the circumstances, what they did was right (justified, kill or be killed).

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29
Q

What are the four elements of self-defense?

A

Non-aggressor, necessity, proportional responder, and reasonable belief.

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30
Q

What is a non-aggressor in relation to defense?

A

The defender didn’t start or provoke the attack.

31
Q

What is necessity in relation to defense?

A

Defenders can use deadly force only if they reasonably believe it’s necessary to repel an imminent deadly attack—namely, one that’s going to happen right now.

32
Q

What is proportionality (proportional response) in relation to defense?

A

Defenders can use deadly force only if the use of non-deadly force isn’t enough to repel the attack. Excessive force isn’t allowed.

33
Q

What is reasonable belief in relation to defense?

A

The defender has to reasonably believe that it’s necessary to use deadly force to repel the imminent deadly attack.

34
Q

What’s a classic excuse in defense?

A

Insanity.

35
Q

What’s the classic justification in defense?

A

Self-defense.

36
Q

Name the defense to the fact pattern:

A police officer arrests a man for drunk and disruptive and the man begins to fight. The police officer strikes the man in the face with his fist and breaks the man’s jaw. What defense does he have to an assault and battery charge?

A

Self-defense.

37
Q

Name the defense to the fact pattern:

A lady’s car breaks down in the middle of a blizzard. It will not run, and there is no heat. She walks to the nearest house and knocks on the door. No one answers the door. She breaks into the house because it is -25 and she doesn’t want to freeze to death. What is her defense to burglary charges?

A

Necessity.

38
Q

Name the defense to the fact pattern:

A police officer sees a man leave a bar, stumbling to his car. He radios to the officer working security at the bar and tells him to tell the drunk to leave the parking lot or that he will be arrested for trespass. Once the drunk exits the parking lot the officer pulls the car over and arrests the drunk for DWI. What is his defense?

A

Entrapment.

39
Q

Name the defense to the fact pattern:

A woman is kidnapped by her boyfriend. The boyfriend gives her an unloaded rifle and tells her that he will kill her if she does not go into the bank with him to rob a bank. The boyfriend has beat the woman before and she is in fear of her life. She goes into the bank and helps her boyfriend rob the bank. What is her defense?

A

Duress.

40
Q

Name the defense to the fact pattern:

John Smith was arrested for murdering Jane Wilson on Oct 1, 2017. Wilson died around 8 p.m. Smith was Wilson’s boyfriend. Smith produces work time sheet records and store video that shows he was at work around 8 p.m. and therefore could not have murdered his girlfriend.
What is his defense?

A

Alibi.

41
Q

Name the defense to the fact pattern:

A man is at a party and leaves early. On his way out he grabs his coat off the rack. When he gets home he finds a phone in the pocket that is not his and realizes that he picked up the wrong coat. What is his defense to larceny?

A

Mistake of fact.

42
Q

What types of defenses are used in law?

A

Alibi, self-defense, public duty, necessity, mistake of fact, duress, defense of infancy, entrapment, insanity, and excuse.

43
Q

What is the doctrine of “transferred intent”?

A

You intended to kill someone, but it can transfer. Someone else can still be harmed, possibly killed by whatever instance, and is still guilty for this because it originated with a murderous intent.

44
Q

Can someone be found not guilty even if they didn’t mean to when it comes to “transferred intent”?

A

No, they’re guilty. Someone else can still be harmed, possibly killed by whatever instance, and is still guilty for this because it originated with a murderous intent.

45
Q

What does it mean when speaking of objective viewpoints?

A

“Reasonable man”

46
Q

What does it mean when speaking of subjective viewpoints?

A

defendant’s feelings < TRIAL (HONEST BELIEF).

47
Q

What are the three main categories of homicide?

A

Justifiable, excusable, and criminal.

48
Q

What is the difference between first-degree and second-degree murder?

A

First-degree murder involves premeditation and intent to kill, while second-degree murder involves malice aforethought but lacks premeditation.

49
Q

What is the felony murder rule?

A

The rule in which holds a person liable for murder if a death occurs during the commission of a felony.

50
Q

What is the difference between direct and circumstantial evidence?

A

Direct evidence directly proves a fact, while circumstantial evidence provides clues that suggest a fact.

51
Q

What is voluntary manslaughter?

A

The intentional killing of another person in the heat of passion.

52
Q

What is involuntary manslaughter?

A

The unintentional killing of another person due to reckless or negligent behavior.

53
Q

What is a bifurcated trial?

A

A trial that is split into two parts, typically to separate the determination of guilt from the determination of sentencing.

54
Q

What is the deadly weapon doctrine?

A

The deadly weapon doctrine presumes intent to kill when a deadly weapon is used in a crime.

55
Q

What is the Death with Dignity Act?

A

Allows terminally ill adults to voluntarily request and receive medication to hasten their death.

56
Q

How can a corporation be held criminally liable?

A

A corporation can be held criminally liable through the actions of its employees or agents.

57
Q

What is adequate provocation?

A

A legal defense that can reduce the severity of a crime, such as murder, if the defendant was provoked by another person to the point of losing self-control.

58
Q

What is a “dependent victim”?

A

A “dependent victim” is a term used to describe a victim who has died as a result of a crime.

59
Q

What is “depraved heart murder”?

A

a type of murder that involves an extremely reckless disregard for human life, often involving a conscious disregard of a substantial and unjustifiable risk of death.

60
Q

What is homicide?

A

the killing of one person by another.

61
Q

What is the difference between 1st and 2nd degree murder?

A

1st Degree is premeditated with the intent to kill, or felony murder rule. 2nd Degree includes malice aforethought (intent to kill or seriously harm) but not premeditated.

62
Q

What is the “deadly weapon doctrine”?

A

If a deadly weapon is used, it’s presumed the intent was to kill.

63
Q

What is justificable homicide?

A

Self defense

64
Q

What is excusable homicide?

A

As stated, an excuse.

65
Q

What is criminal homicide?

A

Not justifiable, NO EXCUSE

66
Q

What’s examples of a deadly weapon?

A

baseball bats, guns, knives, etc.

67
Q

What is “implied malice”?

A

A legal term suggesting malice without direct proof of intent to kill. It’s often associated with reckless and extremely dangerous behavior.

68
Q

What is mens rea?

A

The guilty mind or mental state required for a crime. In murder, it’s the intent to kill or cause serious bodily harm.

69
Q

What is actus reus?

A

The guilty act or the physical act of a crime. In murder, it’s the act of killing.

70
Q

What is causation?

A

The causal link between the defendant’s actions and the victim’s death.

71
Q

What is concurrence?

A

The requirement that the guilty act and the guilty mind occur simultaneously.

72
Q

What are attendant circumstances?

A

Additional elements needed for a crime. Use of a deadly weapon can elevate a homicide to murder in some jurisdictions.

73
Q
A

Criminal Law & Procedures (4 decks)

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