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CLAP > Test 1 - Packet Definitions > Flashcards

Test 1 - Packet Definitions Flashcards

1
Q

prevents this offender from future offenses
1. Incapacitation
2. Specific Deterrence
3. Treatment

justifications for punishment

A

Specific Prevention

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2
Q

stop others in society from committing crimes
1. General deterrence
2. educate others
3. channels resentment and lessen creation of vigilantes

justification for punishment

A

General Prevention

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3
Q

eye for eye, criminal did wrong so can do wrong to criminal

justficiations for punishment

A

Retribution

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4
Q

name 8 federal constitution points

A
  1. Right of Privacy
  2. Prohibition Against Vagueness
  3. No Cruel and Unusual Punishments
  4. No Double Jeopardy
  5. No Ex Post Facto Laws
  6. No Bills of Attainder
  7. Equal Protection of the Laws
  8. No Status Crimes
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5
Q

Person who commits the crime, pulls the trigger.

common law

A

Priniciple in the first degree, P1

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6
Q

Legislatures sometimes delegate criminal lawmaking to administrative agencies, EX: FDA

A

Administrative Crimes

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7
Q

a. Aids/abets or incites
b. present at scene of the crime
ex: getaway driver

common law

A

Priniciple in the second degree, P2

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8
Q

One who incites/aids/abets, but is NOT present at the scene of the crime

common law

A

Accessory before the fact

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9
Q

Aids in hindering the arrest, prosecution, or conviction of a person known to have committed a felony

common law

A

Accessory after the fact

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10
Q

P1, P2, AABF - Together
AATF - Separate

modern classifications

A

Parties to the crime & AATF

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11
Q

Application Problem

A sells B a gun with the intent that B use it to rob the liquor store. A goes about his business in another city. B persuades C to drive the getaway car. D passes by wile the store is being robbed and does not notify the police because he is in a hurry. Define common law and modern classifications.

A

Common Law: A = AABF, B = P1, C = P2, D is nothing.
Modern Law: A, B, C = Parties to the crime, D is nothing

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12
Q

P2 & AAFT can void liability if they withdrawl from the crime before the crime is commited AND the person takes back whatever they gave. (encouragement, gun, car, etc)

A

Withdrawal

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13
Q

If P2 & AAFT cannot take whatever they gave back, then it becomes;

A

Imperfect withdrawal

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14
Q

Liability for crimes simply because of a relationship with the other person. EX: President of a company was charged with violating a Food and Drug Act which prohibited the shipment of misbranded or adultered products in interstate commerce. Employees knew what was going on and did the shipping.

A

Vicarious Liability

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15
Q

Prosecutors and investigators must find the definition of a crime in statutes and cases. They have to pick out the required elements that make up the crime. The convict a person a crime, evidence is needed to establish each element beyong a reasonable doubt.

A

Prime Facie Case

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16
Q

Law does not punish mere criminal thought. Liability is based on physicals acts, failing to act, or words.
a. words
b. physical acts - must be voluntary and done consciously.

A

Acts = Actus Reus

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17
Q

Failing to do something

General rule = no one has to do anything

A

Omissions

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18
Q

exceptions to general rule of omissions

A

Relationships - child/parent, husband/wife
Statues - doing your taxes
Contract - Failing to perform duty createad by contract, such as being a lifeguard
Voluntary assumption of care - cannot break off rescue attempts
Defendant created peril - you pushed a non swimmer into the water
Duty to control the conduct of others - employer has duty to prevent employees from committing crimes

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19
Q

What defendant must be thinking at the time of the act.

motive is irrelevant from a legal standpoint

A

Mental State = Mens Rea

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20
Q

the intent to do the act plus the intent to do further damage; burglary, attempted whatever, premediated murder, etc.

traditional approach

A

Specific intent

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21
Q

Voluntarily doing the prohibited act (rape, mayhemm, false imprisonment)

traditional approach

A

General intent

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22
Q

gross lack of care/reckless (battery, involuntary manslaughter)

traditional approach

A

Criminal Negligence

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23
Q

range of mental states with satisfy for the mental state, only one in the range needs to be established, (common law murder, arson)

traditional approach

A

Malice

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24
Q

one just has to do the act, no mental state required, (statutory rape, speeding laws, didn’t pay parking meter)

traditional approach

A

Strict Liability

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25
Q

behavior is so reckless the courts simply conclude the person had intent (leaving loaded gun on table while kids are in room)

traditional approach

A

Constructive Intent

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26
Q

conscious desire to engage in certain conduct, to causea certain result.

MPC - mental states

A

Purposely

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27
Q

an awareness that conduct will cause a certain result, person is aware to a practical certainty

MPC - mental state

A

Knowingly

28
Q

an awareness of a substantial and unjustifiable risk that something will occur, person is conscious of the risk and disregards it

MPC - mental state

A

Recklessly

29
Q

Person fails to be aware of a substantial and unjustifiable risk, a reasonable person would have been aware of the risk.

MPC - mental state

A

Simple Negligence, (gross is just recklessness)

30
Q

approach that foucses on the particular defendant, prosecutor has to establish what that particular defendant was aware of at the time of the act

A

Subjective Approach

31
Q

Approach that does not focus on the defendeant, instead foucsing on what the average ordinary person would have been aware of in the defendant’s shoes.

A

Objective Approach

32
Q

A shoots to kill B. A misses, the bullet kills C. A is guilty of murder of C. How?

A

Transferred Intent

For transferred intent to work, it must be on the same harm level, if someone throws a rock to break into a house through a window, and accidentally hits a person inside without knowing they were there. There is likely no transfer.

33
Q

There must be a union of connection between the act and mental state.

A

Concurrence of the Act and Mental State

34
Q

An act which produces an event, without the act, the event would not have been produced.

A

Factual Causation

Causation is a two-step process, in criminal homicide.

but/for test

35
Q

The death has to be a natural and probable consequence of the defendant’s actions and there cannot be any intervening factors.

A

Proximate Causation

Proved how? Within SPHERE OF RISK

36
Q

these break chains of proximate causation
(acts of nature/god, 3rd parties, acts of victim, preexisting condition)

A

interveneing factors

37
Q

The unlawful killing of another human being with malice aforethought

A

Murder, common law

38
Q

mental state in which a range of mental states will statisfy. Only one in the range is needed

malice does not mean any ill wil or hatred of the victim

A

Malice Aforethought

39
Q

a. premeditated murder
b. deadly weapon doctrine

A

Intent to Kill

40
Q

Idea of the court’s starting point, but the door is open for the defense to argue otherwise

A

Rebuttable Presumption

41
Q

Court’s starting and ending point. there is no ability for the defense to argue anything contrary.

A

Conclusive Presumption

42
Q

Anything likely to proudce death or great bodily harm

A

Deadly weapon

43
Q

Intent to influct great bodily harm and victim dies

mental state

A

Murder

44
Q

can use circumstantial evidence, this evidence requires and inference

A

Proof

45
Q

I see someone walk across a bridge

uses 5 senses

A

Direct Evidence

46
Q

i do not see someone walk across a bridge, but it has just stopped snowing and I see fresh footprints going across the bridge.

there is an inference that someone went across that bridge recently

A

Circumstantial Evidence

47
Q

degrees of murder

modern

A

First degree, second degree, capital murder

48
Q

a killing committed during the course of a felony dangerous to life, is murder. The malice comes from the intent to committ the underlying felony

A

Felony Murder

49
Q

an intentional killing, that would otherwise be murder if it was committed in response to certain provocation and there was no cooling off period

A

Voluntary Manslaughter

50
Q

an unintentional killing; result of criminal negligence or death is caused during the commission of an unlawful act that does not amount to a felony

A

Involuntary Manslaughter

ex: D knows his viision is poor and went hunting with V, they separate and both are wearing camo. D see movement and shoots, the movement was actually V and is kileld. Shows extreme neglience.

51
Q

Homicide caused during the neglient operation of a motor vehicle. Committed either by negligent operation of the vehicle or by operating the vehcile in an unlawful manner.

A

Modern Additions

52
Q

The common law considers this when there was no heartbeat of when a person stopped breathing. Modern statutes may ad to this list the absence of certain brainwaves.

A

Definition of Death

53
Q

Addition to causation. To be cause of death the defendant had to be the factual and proximate cause of the death and the death had to occur one year and on day from the cause of the injury.

A

The Year and a Day Rule

54
Q

Aiding or Causing a Suicide

read in book

A
55
Q

Proving a Crime

A

problems:
-if there is no body and the person is an adult. Could’ve ran away to start a new life.
-If the cause of death is inconclusive, could be murder, could be natural causes, prosecutor will not bring murder case.

56
Q

the unlawful application of force to another

A

Battery

57
Q

Just applying force is all that is necessary

battery

A

Act

58
Q

attempted battery or intentionally placing another in fear

A

Assault

58
Q

intentional unlawful confinement or restraint of another person. Traditionally this crime has no movement of the person.

A

False Imprisonment

58
Q

the common law did not have degrees to crime, all batteries were punished the same. Common law created aggravated crimes. (use of a deadly weapon even with no serious bodily harm, serious bodily harm, any intent to kill, if the victim was a child or police officer.)

A

Aggravated Battery

59
Q

Permanent disfiguring or disabling.

A

Mayhem

60
Q

Forcible movement of a person, under coommon law movement was very extreme. (like moving to different country) Modern just requires some to little movement.

A

Kidnapping

61
Q

for ransom, to commit another crime, use of deadly force or child stealing.

A

Aggravated Kidnapping

62
Q

can prevent either false inprisonment or kidnapping because an element of crimes is for there be an abscene of this.

A

Consent

63
Q

unlawful carnal knowledge of a woman by a man, not her husband, without her effective consent

A

Rape

64
Q

slightest penetration of the vagina

A

Carnal knowledge

65
Q

-intercourse accomplished by force is without consent
-same if intercourse is accomplished by placing vicitim in fear of great and immediate bodily harm
-incapacity to give consnet; intoxication, mental deficiency, insanity
-consent obtained by fraud

A

Lack of Effective Consent

CLAP (11 decks)

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