Page 1 Flashcards
What is the difference between wording for a criminal defendant and a tort defendant that is found to be culpable?
- Criminal: guilty
- Torts: liable
What are the four areas of criminal law?
- Crimes
- Accomplice Liability
- Preliminary Offenses
- Defenses
Federal laws are passed by whom and apply to whom?
They are passed by Congress and they apply to everyone
What is the 14th Amendment?
The government cannot deprive people of life, liberty, or property without due process
What is the job of the Supreme Court?
Ensure the states haven’t gone too far and to enforce the Constitution
What percentage of criminal laws are developed through statutes?
99%
What is the role of common law in the criminal law?
It is the origin of most crimes and can help to clarify unclear statutory laws
What percentage of states have adopted the MPC?
2/3
A defendant has a constitutional right to a trial by jury for what kinds of crimes?
Anything with a sentence of more than six months in jail
What is the principle of legality?
Conduct isn’t criminal unless forbidden by law providing advance warning
Can new legal definitions be applied retroactively?
No, only prospectively
How can a criminal statute be held void for vagueness?
If it is so unclear that people of reasonable intelligence have to guess at its meaning
For homicides, where will the crime be prosecuted?
- CL: the state where the mortal wound happened
- Modernly: the state where death occurred
Where will theft crimes be prosecuted?
- CL: the state that the property was stolen in
- Modernly: state where stolen property was found
Where will conspiracies be prosecuted?
– CL: the state the conspiracy was formed in
– Modernly: state where the conspiracy goal was to commit the crime
Where will incitement crimes be prosecuted?
– CL: the state the person was physically in
– Modernly: the state the defendant caused the crimes to occur in, regardless of where he physically was
What is a lesser included offense?
A crime that must be proven in order to prove a larger crime
If a defendant is found guilty of the larger crime, what happens to the lesser included offense?
It merges into it
If an exam question asks about whether a sentence is proper, what should you do?
Evaluate it under the theories of punishment
What is the mnemonic for theories of criminal punishment?
DIRRR
What are the major theories of punishment in criminal law?
Deterrence, incapacitation, rehabilitation, restoration, retribution
What does deterrence mean as a theory of punishment?
Disincentive to commit future crimes
What are the two types of deterrences for criminal theories of punishment?
- specific deterrence
- general deterrence
What is specific deterrence?
Discouraging a specific individual from engaging in that behavior in the future
What is general deterrence?
Deterring the public
What is the purpose of rehabilitation as a theory of criminal punishment?
Punishment through treatment and correction
What is the purpose of restoration as a theory of criminal punishment?
Make amends and recognize their actions
What is the purpose of incapacitation as a theory of criminal punishment?
By imprisoning or executing people, they can’t offend further
What is the purpose of retribution as a theory of criminal punishment?
Social revenge suppresses private acts of vengeance, and repays the debt taken from society
What are the two types of sentences in criminal law?
Determinate and indeterminate
What is an indeterminate sentence?
When the defendant is given a minimum and maximum sentence, and the date of release is decided by a third-party like a parole board
What is a determinate sentence?
Defendant serves for a predetermined period of incarceration
What is the burden of proof in a criminal prosecution?
The state must prove each element of the crime beyond a reasonable doubt
What does beyond a reasonable doubt mean?
About 95% sure
If a jury has a reasonable doubt on any one criminal element, what must they do?
Find the defendant not guilty
If a jury finds a defendant not guilty, what happens?
He is free and cannot be charged again
If a jury finds a D guilty, what happens?
The defendant can appeal
What is jury nullification?
Defendant is clearly guilty, but asks the jury to ignore the law and find him not guilty
What are some reasons a D might ask for jury nullification?
Thinks the law is a terrible one or a message needs to be sent
If a jury agrees to jury nullification, is that okay?
Yes, because that is the cost society pays for having juries, and because of double jeopardy, the defendant is free
