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
