Page 1 Flashcards

0
Q

What is the difference between wording for a criminal defendant and a tort defendant that is found to be culpable?

A
  • Criminal: guilty

- Torts: liable

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1
Q

What are the four areas of criminal law?

A
  • Crimes
  • Accomplice Liability
  • Preliminary Offenses
  • Defenses
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2
Q

Federal laws are passed by whom and apply to whom?

A

They are passed by Congress and they apply to everyone

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3
Q

What is the 14th Amendment?

A

The government cannot deprive people of life, liberty, or property without due process

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4
Q

What is the job of the Supreme Court?

A

Ensure the states haven’t gone too far and to enforce the Constitution

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5
Q

What percentage of criminal laws are developed through statutes?

A

99%

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6
Q

What is the role of common law in the criminal law?

A

It is the origin of most crimes and can help to clarify unclear statutory laws

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7
Q

What percentage of states have adopted the MPC?

A

2/3

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8
Q

A defendant has a constitutional right to a trial by jury for what kinds of crimes?

A

Anything with a sentence of more than six months in jail

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9
Q

What is the principle of legality?

A

Conduct isn’t criminal unless forbidden by law providing advance warning

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10
Q

Can new legal definitions be applied retroactively?

A

No, only prospectively

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11
Q

How can a criminal statute be held void for vagueness?

A

If it is so unclear that people of reasonable intelligence have to guess at its meaning

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12
Q

For homicides, where will the crime be prosecuted?

A
  • CL: the state where the mortal wound happened

- Modernly: the state where death occurred

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13
Q

Where will theft crimes be prosecuted?

A
  • CL: the state that the property was stolen in

- Modernly: state where stolen property was found

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14
Q

Where will conspiracies be prosecuted?

A

– CL: the state the conspiracy was formed in

– Modernly: state where the conspiracy goal was to commit the crime

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15
Q

Where will incitement crimes be prosecuted?

A

– 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

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16
Q

What is a lesser included offense?

A

A crime that must be proven in order to prove a larger crime

17
Q

If a defendant is found guilty of the larger crime, what happens to the lesser included offense?

A

It merges into it

18
Q

If an exam question asks about whether a sentence is proper, what should you do?

A

Evaluate it under the theories of punishment

19
Q

What is the mnemonic for theories of criminal punishment?

A

DIRRR

20
Q

What are the major theories of punishment in criminal law?

A

Deterrence, incapacitation, rehabilitation, restoration, retribution

21
Q

What does deterrence mean as a theory of punishment?

A

Disincentive to commit future crimes

22
Q

What are the two types of deterrences for criminal theories of punishment?

A
  • specific deterrence

- general deterrence

23
Q

What is specific deterrence?

A

Discouraging a specific individual from engaging in that behavior in the future

24
Q

What is general deterrence?

A

Deterring the public

25
Q

What is the purpose of rehabilitation as a theory of criminal punishment?

A

Punishment through treatment and correction

26
Q

What is the purpose of restoration as a theory of criminal punishment?

A

Make amends and recognize their actions

27
Q

What is the purpose of incapacitation as a theory of criminal punishment?

A

By imprisoning or executing people, they can’t offend further

28
Q

What is the purpose of retribution as a theory of criminal punishment?

A

Social revenge suppresses private acts of vengeance, and repays the debt taken from society

29
Q

What are the two types of sentences in criminal law?

A

Determinate and indeterminate

30
Q

What is an indeterminate sentence?

A

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

31
Q

What is a determinate sentence?

A

Defendant serves for a predetermined period of incarceration

32
Q

What is the burden of proof in a criminal prosecution?

A

The state must prove each element of the crime beyond a reasonable doubt

33
Q

What does beyond a reasonable doubt mean?

A

About 95% sure

34
Q

If a jury has a reasonable doubt on any one criminal element, what must they do?

A

Find the defendant not guilty

35
Q

If a jury finds a defendant not guilty, what happens?

A

He is free and cannot be charged again

36
Q

If a jury finds a D guilty, what happens?

A

The defendant can appeal

37
Q

What is jury nullification?

A

Defendant is clearly guilty, but asks the jury to ignore the law and find him not guilty

38
Q

What are some reasons a D might ask for jury nullification?

A

Thinks the law is a terrible one or a message needs to be sent

39
Q

If a jury agrees to jury nullification, is that okay?

A

Yes, because that is the cost society pays for having juries, and because of double jeopardy, the defendant is free