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285 terms

Criminal law chapt 1-5 test 1

STUDY
PLAY
criminal conduct
____ are acts triggered by criminal intent.
burden of persuasion
_____ is the responsibility to cnvince the finder of the truth of the defense.
behavior that the public tends to be immoral.
What Behavior Deserves Criminal Punishment?
private wrongs for which you can sue the party who wronged you and recover money
What are NonCriminal Wrongs? (torts)
social control
Criminal law is only one kind of ____, one form of responsibillity for deviating from social norms.
when criminial prosecutions are brought by the government against the individuals.
What are crimes?
Crimes of moral turpitude
felonies
misdemeanors
How are we Classifying Crimes?
case citation—
______-the numbers, letters, and punctuation that follow the title of a case in the excerpts or in the bibliography at the end of the book (p. 35)
plurality opinion (in criminal cases)—
_____-opinion that represents the reasoning of the greatest number (but less than a majority) of justices (p. 34)
concurring opinion (in criminal cases)—
_____- opinions written in which justices agree with the conclusions of either the majority or the dissenting opinion, but they have different reasons for reaching the conclusion (p. 34)
opinion (in criminal cases)—
______-explanation of how and why the court applied the law to the facts of the case (p. 32)
judgment (in criminal cases)—
______-how the court disposes of the case (p. 32)
"guilty" verdict-----
_____ the government proved its case beyond a reasonable doubt (p. 32)
"not guilty" verdict—
_____-government didn't prove its case beyond a reasonable doubt (p. 32)
discretionary decision making
______-judgments made by professionals, based on unwritten rules, their training, and their experience (p. 31)
preponderance of the evidence—
_____- more than 50 percent (p. 30)
burden of persuasion—
_____-defendants have to prove their defenses by a preponderance of the evidence, defined as more than 50 percent (p. 30)
burden of production—
______- requirement that defendants have to "start matters off by putting in some evidence in support" of their justification or excuse (LaFave and Scott, 1986, 52) (p. 30)
affirmative defenses—
____- defenses based on justification and excuse (p. 30)
corpus delicti—
____- (Latin body of the crime). Properly applies to the elements of criminal conduct (for example, stealing someone's property in theft) and bad result crimes (for example, criminal homicide) (p. 30)
bench trial—
_____-cases where defendants give up their right to a jury trial, prosecutors have to prove guilt to the trial judge. (p. 30)
reasonable doubt—
______-"the proof that prevents one from being convinced of the defendant's guilt, or the belief that there is a real possibility that the defendant is not guilty" (Black's Law Dictionary 2004, 1293) (p. 29)
proof beyond a reasonable doubt—
______ the highest standard of proof known to the law (p. 29)
burden of proof—
______ the responsibility of proving the criminal act and intent (p. 29)
presumption of innocence—
_____- the prosecution has the burden of proof when it comes to proving the criminal act and intent (p. 29)
fixed (determinate sentences)—
______- the sentence depends on the criminal harm suffered by the victim, not the rehabilitation of the offender (p. 29)
indeterminate sentencing laws—
_____- sentences that made prison release dependent upon rehabilitation (p. 28)
determinism (and criminal punishment)—
_____- forces beyond offenders' control cause them to commit crimes (p. 27)
"medical model" of criminal law—
_____- crime is a "disease," and criminals are "sick" (p. 27)
incapacitation-
_____- restrains convicted offenders from committing further crimes (p. 26)
principle of utility—
_____- permitting only the minimum amount of pain necessary to prevent the crime as punishment (p. 25)
deterrence theory—
_____- rational human beings won't commit crimes if they know that the pain of punishment outweighs the pleasure gained from committing crimes (p. 25)
rationalism (and criminal punishment)—
_____- natural law that individuals can, and ordinarily do, act to maximize pleasure and minimize pain (p. 25)
hedonism (and criminal punishment)—
_____-natural law that human beings seek pleasure and avoid pain (p. 25)
rehabilitation (and criminal punishment)—
_____- aims to prevent future crimes by changing individual offenders so they'll want to play by the rules and won't commit any more crimes in the future (p. 24)
incapacitation (and criminal punishment)—
______-prevents convicted criminals from committing future crimes by locking them up, or more rarely, by altering them surgically or executing them (p. 24)
special deterrence (and criminal punishment)—
______-aims, by punishing already convicted offenders, to prevent them from committing any more crimes in the future (p. 24)
general deterrence (and criminal punishment)—
______-aims, by threat of punishment to deter criminal behavior in the general population (p.24)
prevention(and criminal punishment)—
_____-punishing offenders to prevent crimes in the future (p. 22)
retribution(and criminal punishment)—
____-punishment based on just deserts (p. 22)
criminal punishment—
_____-penalties that meet the following four criteria: 1. They have to inflict pain or other unpleasant consequences; 2. They have to prescribe a punishment in the same law that defines the crime 3. They have to be administered intentionally; and 4. The state has to administer them. (p. 22)
punishment—
_____-intentionally inflicting pain or other unpleasant consequences on another person (p. 21)
rates of imprisonment—
______ the numbers of prisoners per 100,000 people in the general population (p. 20)
federal system—
_____-52 criminal codes, one for each of the 50 states, one for the District of Columbia, and the U.S. Criminal Code (p. 19)
administrative crimes—
______- violations of state and federal rules made by administrative agencies. (p. 19)
analysis of criminal liability—
______- how to analyze statutes and cases to answer the question "What behavior deserves criminal punishment? (p. 17)
model penal code (MPC)—
______- the code developed by the American Law Institute to guide reform in criminal law (p. 16)
codified (criminal law)—
_____- put into writing the criminal law, defining crimes and spelling out punishments. (p. 15)
common-law crimes—
_____- crimes originating in the English common law (p. 13)
special part of the criminal law—
____-defines the elements of specific crimes (p. 12)
general part of the criminal law—
____-principles that apply to all crimes (p. 12)
misdemeanors—
____- minor crimes for which the penalty is usually less than one year in jail or a fine (p. 11)
felonies—
____- serious crimes that are generally punishable by one year or more in prison (p. 11)
crimes of moral turpitude—
_____- criminal behavior that needs no law to tell us it's criminal because it's inherently wrong or evil, like murder and rape (p. 11
torts—
______-private wrongs for which you can sue the party who wronged you and recover money (p. 8)
criminal liability—
____-"conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests" (1985, § 1.02(1)(a)) (p. 6)
(1) What behavior deserves criminal punishment, and
(2) What is the appropriate punishment for criminal behavior.
The criminal law can be boiled down to answering two questions:
violent crimes,
property crimes,
and minor crimes.
Criminal behavior can be summarized into three basic categories:
a definition of behavior that deserves punishment also known as criminal liability.
The American Law Institute's (ALI) Model Penal Code (MPC) provides:
"conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests" (1985, § 1.02(1)(a)).
Criminal liability falls on :
true
Crimes and torts represent two different ways our legal system responds to social and individual harm. Crimes and torts are both different and similar.
true
Crimes can be classified or graded according to many schemes. The most widely used scheme for classifying crimes is according to the kind and quantity of punishment.
punishable by death or confinement in the state's prison for one year to life without parole; misdemeanors are punishable by fine and/or confinement in the local jail for up to one year.
Felonies are crimes :
a general part
and a special part.
Criminal law consists of two parts:
principles that apply to more than one crime.
The general part of criminal law consists of:
true
Most state criminal codes today include a general part.
specific crimes and arranges them into groups according to subject matter.
The special part of criminal law defines :
state criminal codes
Most criminal law is found in ______ created by elected representatives in state legislatures and municipal codes created by city and town councils elected by the people
substantial body of criminal law
There's also a ______ in the U.S. Criminal Code created by Congress
common-law crimes.
Judges' court opinions were the original source of criminal law, and it remained that way for several centuries. Crimes defined by judges' court opinions are known as ______
Model Penal Code (MPC)
After the final draft of the ________ in 1962, most states changed their penal code to be more like the MPC and less like the common-law.
true
Most of the criminal law is left up to the states
crimes committed on military bases and other national property; crimes against federal officers; and crimes that are difficult for one state to prosecute.
The U.S. government's power is limited to crimes specifically related to national interests, such as:
5%,,,,,25%
Although the United States has only ____ of the world's population, it has almost ____of the world's prisoners.
true
. Think of "not guilty" as "not legally guilty." A guilty verdict doesn't mean not innocent; it means the government proved its case beyond a reasonable doubt.
Discretionary decision making
______-is decision making that's hidden from view. It includes the police decision to investigate or not, prosecutors decision to charge, judges suspending sentences, and more.
(1) title
(2) citation
(3) procedural history
(4) judge
(5) facts
(6) decision
(7) opinion.
There are seven main parts of each case:
majority opinions,
dissenting opinions,
concurring opinions,
plurality opinions
There are different types of case opinions, these include .
1.) The names of the parties are given first.
2.) The first number (319) is the volume number. 3.) The abbreviation (N.W. 2d) is the set of books or reporters.
4.)The second number (459) is the page in that volume where that opinion begins.
5.) Finally, the last number (1982) is the date the opinion was handed down.
An example of a citation would be State v. Metzger, 319 N.W. 2d 459 (Neb. 1982). :::::::
true
There are a variety of publications and reporters for different jurisdictions. Some citations will also indicate the particular court that handed down the opinion in the same parentheses as the date.
Abuse-of-discretion standard—
_____-"failure to exercise sound, reasonable, and legal decision making; and appellate court's standard for reviewing a decision that is asserted to be grossly unsound, unreasonable, illegal, or unsupported by the evidence." (p. 75)
Apprendi rule—
_____-other than the fact of prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt (p. 72)
sentencing guidelines—
_____-sentencing scheme in which a commission establishes a narrow range of penalties and judges are supposed to choose a specific sentence within that range (p. 70)
fixed (also called determinate) sentencing—
______=sentencing scheme which fixes or determines sentence length according to the seriousness of the crime (p. 70)
mandatory minimum sentences—
______-laws requiring judges to impose a non discretionary minimum amount of prison time that all offenders have to serve (p. 67)
three-strikes-and-you're-out laws—
______-laws that are supposed to make sure that offenders who are convicted of a third felony get locked up for a very long time (p. 67)
principle of proportionality—
______-a principle of law stating that the punishment must be proportional to the crime committed (p. 60)
cruel and unusual punishment—"
______-barbaric" punishments and punishments that are disproportionate to the crime committed (p. 60)
barbaric punishments—
______-punishment considered no longer acceptable (p. 59)
Second Amendment—
_______-A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. U.S. Constitution, Amendment II (p. 56)
fundamental right to privacy
_______—a right that bans "all governmental invasions of the sanctity of a man's home and the privacies of life" (p. 52)
bench trial—
______-trial without a jury (p. 49)
expressive conduct (in First Amendment)—
________-actions that communicate ideas and feelings (p. 47)
equal protection of the laws—
_________-the 14th Amendment includes a clause which requires states to provide citizens with equal protection. This has been interpreted by the courts to mean that state agents (and laws) cannot make arbitrary, irrational distinctions between people. Differential of people are permitted, but this differential treatment must not be based on race, religion, or gender. (p. 46)
fair notice (in void-for-vagueness doctrine)—"
______-Would an ordinary, reasonable person know that what he was doing was criminal?" (p. 42)
void-for-overbreadth doctrine—
_____-the principle that a statute is unconstitutional if it includes in its definition of undesirable behavior conduct protected under the U.S. Constitution (p. 48)
void-for-vagueness doctrine—
_____-the principle that statutes violate due process if they don't clearly define crime and punishment in advance (p. 42)
ex post facto law—
_____-a law passed after the occurrence of the conduct constituting the crime (p. 41)
rule of law—
_____-the law is above everyone and it applies to everyone (p. 40)
constitutional democracy—
_____-a democracy in which the majority can't make a crime out of what the Constitution protects as a fundamental right (p. 40)
Constitutional
The United States is a _____ democracy.
. The principle of legality
_____ means that no one can be convicted of, or punished for, a crime unless the law defined the crime and prescribed the punishment before they engaged in the behavior that was defined as a crime.
hughes v. state
Court said that the definition of a human life includes a viable human fetus.Whether or nor the fetus is born alive, an unborn fetus that is viable at the time of injury is a human being which may be the victim of a homicide. (Oklahoma)
1.), knowing what the law commands provides individuals with the opportunity to obey the law and avoid punishment.
2.) providing individuals with this opportunity promotes the value of human autonomy and dignity.
3.) the ban on retroactive criminal lawmaking also prevents officials from punishing conduct they think is wrong but which no existing criminal law prohibits.
The purpose of banning ex post facto and vague criminal statutes is that they undermine the central values of free societies::::
the Fifth Amendment and the Fourteenth Amendment
The U.S. Supreme Court has ruled that vague laws violate the guarantees of two provisions in the U.S. Constitution:.
1.) void laws fail to give fair warning to individuals as to what the law prohibits.
2.) they allow arbitrary and discriminatory criminal justice administration.
The void-for-vagueness doctrine addresses two evils:
true
Whether the emphasis is on notice to individuals or control of officials, the void-for-vagueness doctrine can never cure the uncertainty in all laws
whether the language may apply not only to a particular act about which there can be little or no difference of opinion, but equally to other acts about which there may be radical differences
The test to determine whether a statute defining an offense is void for uncertainty is :::::,
conjecture
. The dividing line between what is lawful and what is unlawful cannot be left to _____.
Equal protection is far more frequently an issue in criminal procedure than it is in criminal law; we'll note briefly here the limits it puts on criminal lawmaking and punishment.
In addition to the due process guarantee, the Fourteenth Amendment to the U.S. Constitution commands that "no state shall deny to any person within its jurisdiction the equal protection of the laws.":::::::::
true
Equal protection doesn't require the government to treat everybody exactly alike.
1.) is the ban on making a crime out of the First Amendment rights to speech, religion, and associations;
2.)the other is criminalizing behavior protected by the right to privacy created by the U.S. Supreme Court.
The Bill of Rights bans defining certain kinds of behavior as criminal::::::.
The Court has ruled that free speech is a fundamental right, one that enjoys preferred status.
(Gitlow v. New York). ::::::
obscenity
profanity
libel and slander
fighting words
and clear and present danger.
According to the Supreme Court, there are five categories of expression not protected by the First Amendment:
invalidating laws so broadly written that the fear of prosecution creates a "chilling effect" that discourages people from exercising that freedom.
The void-for-overbreadth doctrine protects speech guaranteed by the first amendment by :::::
(Griswold v. Connecticut 1965, 484).
The U.S. Supreme Court has decided there is a constitutional right to privacy, a right that bans "all governmental invasions of the sanctity of a man's home and the privacies of life" ::::
fundamental right
Not only is privacy a constitutional right, it's a _____ that requires the government to prove that a compelling interest justifies invading it.
First, Third, Fourth, Ninth, Fifth and Fourteenth. This cluster of amendments sends the implied but strong message that we have the right to be let alone by the government.
According to the Court (Griswold v. Connecticut 1965), the fundamental right to privacy originates in six amendments to the U.S. Constitution:
instantaneous and painless and can't involve unnecessary mutilation of the body. Punishments must also be proportional - the punishment must fit the crime.
According to the Supreme Court, for a punishment not to be "cruel" it must be :::::
proportionality principle applies
A majority of the U.S. Supreme Court has consistently agreed that the ______to death penalty cases
true
as the Court puts it, "death is different." There are numerous capital crimes where no one is killed; they include treason, espionage, kidnapping, aircraft hijacking, large-scale drug trafficking, train wrecking, and perjury that leads to someone's execution (Liptak 2003)
disproportionate
Death is ______for rape.
violates
Executing mentally retarded persons and juveniles _____ the ban on cruel and unusual punishment
1. Addresses laws that fail to give fair warning to individuals as to what the law prohibits
2. Addresses laws that allow arbitrary and discriminatory criminal justice administration
The Aims of the Void-for-Vagueness Doctrine are:
(Texas v. Johnson 1989, 404).
The Court has expanded the meaning of "speech" by holding that the protection of the amendment "does not end with the spoken or written word"
Griswold v. Connecticut (1965),
In ______the Court concluded that the fundamental right to privacy originates in six amendments to the U.S. Constitution: the First, Third, Fourth, Ninth, Fifth, and Fourteenth Amendments.
The Right to Bear Arms
District of Columbia v. Heller (2008)
In _________the Court stated that the core of the Second Amendment is "the right of law-abiding, responsible citizens to use arms in defense of hearth and home" (2821).
true
;.. The consensus that the ban on cruel and unusual punishment includes a proportionality requirement in capital punishment does not extend to prison sentences.
1.) They addressed the public's dissatisfaction with the criminal justice system.
2.) They promised a simple solution to a complex problem—the "panacea phenomenon." 3.) The use of the catchy phrase "three strikes and you're out" was appealing
). Three-strikes laws are popular for three reasons.
non discretionary minimum
Mandatory minimum sentencing laws require judges to impose a _____amount of prison time that all offenders have to serve
true
Mandatory minimum sentences are the more rigid form of the broad scheme of determinate sentencing. This scheme, which fixes or determines sentence length according to the seriousness of the crime, places sentencing authority in legislatures.
true
Mandatory minimum sentences are the more rigid form of the broad scheme of determinate sentencing.
1.) criminal act (actus reus),
2.) criminal intent (mens rea),
3.) concurrence,
4.) attendant circumstances,
5.) bad result (causing a criminal harm).
There are five elements available to writers of criminal codes:
conduct crimes.
Crimes requiring a criminal act triggered by criminal intent are called _____
voluntary
Criminal acts are____ body movements
criminal conduct
______ is the criminal act triggered by a mens rea.
all five
Bad result (result) crimes include ____elements of crime.
criminal act
The first principle of criminal liability is the _____
manifest criminality
The requirement that attitudes have to turn into deeds is called _______
1.) it helps to prove intent,
2.) it reserves the harsh sanction of the criminal law for cases of actual danger,
3.) it protects the privacy of individuals.
The actus reus serves many purposes:
conduct
Criminal punishment depends on _____, not status.
voluntary acts
Only _____ qualify as criminal actus reus.
:criminal law punishes people
: we can only punish people we can blame
: we can only blame people who are responsible for their acts,
:people are only responsible for their voluntary acts.
Only voluntary acts qualify as criminal acts because:
action,,,,,,,status
_____ refers to what we do; _____ (or condition) denotes who we are
true
. Most statuses or conditions don't qualify as actus reus. Status can arise from prior voluntary acts or from no act at all (sex, age, race).
(Robinson v. California, 1962),
According to the Court_______legislatures can't make status or personal condition by itself a crime.
(Powell v. Texas, 1968)
Additionally, the Court _____ clearly stated that the Constitution bans only pure status as a basis for criminal liability.
Failures to act
_______ satisfy the actus reus requirement only when it's outrageous to fail to do something to help someone in danger
1.) the simple failure to act, usually the failure to report something required by law
2.) the failure to intervene to prevent injuries and death to persons or the damage and destruction of property.
There are two kinds of criminal omission:
failure to act
failure to intervene
Both omissions are criminal omissions only if defendants had a legal duty to act.:::
1.) by statutes
2.) contracts
3. ) special relationships.
Legal duties are created in three ways:
"Good Samaritan" doctrine
American bystander rule
There are two approaches to defining a legal duty to rescue strangers or call for help.::::
"Good Samaritan" doctrine
One is the _______, which imposes a legal duty to help or call for help for imperiled strangers. Only a few jurisdictions follow the Good Samaritan approach.
American bystander rule
Nearly all follow the approach of the _______(State v. Kuntz 2000, 951) which has no legal duty to rescue or summon help for someone who's in danger, even if the bystander risks nothing by helping.
true
It's only by means of a legal fiction (pretending something is a fact when it's not, if there's a "good" reason for pretending) that the principle of actus reus includes possession.
actual
constructive
There are two kinds of possession:
. Actual possession
______ means physical control of banned stuff
Constructive possession
______ means I control banned stuff, but it's not on me (it's in my car, my apartment, or other places I control).
Knowing possession
______ means possessors are aware of what they possess
Mere possession
______ means you don't know what you possess.
elements of a crime
_____—the parts of a crime that the prosecution must prove beyond a reasonable doubt, such as actus reus, mens rea, concurrence, causation, and bad result (p.82)
actus reus—
______the criminal act or the physical element in criminal liability (p. 82)
mens rea—
______the "state of mind" the prosecution has to prove beyond a reasonable doubt; criminal intent from an evil mind; the mental element in crime, including purpose, knowledge, recklessness, and negligence (p. 82)
corpus delicti—
_______Latin body of the crime). Properly applies to the elements of criminal conduct (for example, stealing someone's property in theft) and bad result crimes (for example, criminal homicide) (p. 83)
attendant circumstances element—
______a "circumstance" connected to an act, an intent, and/or a result required to make an act criminal (p. 82)
concurrence
_______—the requirement that actus reus must join with mens rea to produce criminal conduct or that conduct must cause a harmful result (p. 83)
conduct crimes—
______crimes requiring a criminal act triggered by criminal intent
(p. 84)
criminal conduct—
_____the criminal act triggered by a mens rea (p. 81)
criminal liability
_____—criminal conduct that qualifies for criminal punishment (p. 82)
bad result crimes (result crimes)—
______serious crimes that include causing a criminal harm in addition to the conduct itself, for example, criminal homicide (p. 84)
manifest criminality—
______the requirement in law that intentions have to turn into criminal deeds to be punishable (p. 85)
status—
_____ refers to who we are as opposed to what we do; a condition that's not an action can't substitute for action as an element in crime (p. 86
one-voluntary-act-is-enough—
_____conduct only has to include a single willing act (p. 86)
criminal omissions—
_____two forms: (1) mere failure to act or (2) failure to intervene in order to prevent a serious harm (p. 91)
legal duty—
_____liability only for duties imposed by contract, statute, or "special relationships" (p. 91)
doctrine that imposes a legal duty to render or summon aid for imperiled strangers (p. 93)
"Good Samaritan" doctrine—________
there's no legal duty to rescue or call for help to aid someone who's in danger even if helping poses no risk whatsoever to the potential rescuer (p. 93)
American bystander rule—_________
legal fiction (in actus reus)—
______ treating as a fact something that's not a fact if there's a good reason for doing so (p. 97)
true
Mens rea ("mental element," also called "mental attitude," "state of mind," or "criminal intent")
true
mens rea is difficult to discover and then prove in court
true
mens rea:, courts and legislatures have used so many vague and incomplete definitions of the mental element
true
, mens rea consists of several mental attitudes that range across a broad spectrum, from purposely committing a crime you're totally aware is criminal to merely creating risks of criminal conduct or causing criminal harms that you're not the slightest bit aware you're creating.
Confessions
______ are the only direct evidence of mental attitude. Because confessions by defendants regarding their intentions are rare, proof of state of mind usually depends on circumstantial evidence.
subjective fault
objective fault.
Two kinds of fault satisfy the mental element in criminal liability:
strict liability
A third kind of fault is _____.
usually means the intent to commit the criminal act as defined in a statute
General intent _________
the intent to commit the actus reus of the crime, and some "special mental element" in addition to the intent to commit the criminal act.
. Specific intent is most commonly defined as _______
purposely,
knowingly,
recklessly,
negligently
From most to least blameworthy, the Model Penal Code's four mental states are:
true
. Purposely means what we mean by the everyday expression, "You did it on purpose."
true
In recklessness, it's awareness of the risk of causing a criminal result, whereas in knowingly it's awareness of causing the result itself. .
true
Recklessness is about consciously creating risks; negligence is about unconsciously (unreasonably) creating risks
true
Knowingly means being aware.
voluntary criminal act that caused harm
In strict liability cases, the prosecution has to prove only that defendants committed a _______
true
The penalty for strict liability offenses is almost always mild.
The principle of concurrence
_______ means that some mental fault has to trigger the criminal act in conduct crimes and the cause in bad-result crimes.
concurrence requirement.
All crimes, except strict liability offenses, are subject to the ________
true
Causation is about holding an actor accountable for the results of her conduct. Causation only applies to bad-result crimes
Factual cause
_____ is an empirical question of fact that asks whether an actor's conduct triggered a series of events that ended in causing death, or other bodily harm; damage to property; or destruction of property. "But for" cause means, if it weren't for an actor's conduct, the result wouldn't have occurred.
1.) It asks, "Is it fair to blame the defendant for the harm triggered by a chain of events her action(s) set in motion?"
2.) If the harm is accidental enough or far enough removed from the defendant's triggering act, there's a reasonable doubt about the justice of blaming the defendant,
3.) and there's no proximate cause
Legal (proximate) cause is a subjective question of fairness that appeals to the jury's sense of justice:
Intervening cause
. _____ is a fact in addition to the proximate cause which contributed to a crime.
fault-based mental attitude,
namely purpose,
knowledge,
recklessness,
or negligence
Mistake is a defense whenever the mistake prevents the formation of any :.
defendants usually present some evidence that the mistake raises a reasonable doubt about the formation of a mental element required for criminal liability.
Mistakes sometimes are called a failure-of-proof defense because ________
no mental element
Mistakes don't work with strict liability crimes because there ______
culpability (blameworthiness)—
______the idea that we can only punish people that we can blame, and we can only blame people that are responsible for what they do (p. 105)
concurrence
_____—the requirement that a criminal intent has to trigger a criminal act in criminal conduct crimes and that criminal conduct has to cause a bad result in bad result crimes (p. 106)
cause in fact—
______the objective determination that the defendant's act triggered a chain of events that ended as the harmful result (p. 106)
legal cause
_____—the subjective judgment that it's fair and just to blame the defendant for the bad result (p. 106)
mens rea—
_____criminal intent (p. 106)
motive—
_____is the reason why a defendant commits a crime (
subjective fault—
______fault that requires a "bad mind" in the actor (p. 108)
objective fault—
______requires no purposeful or conscious "bad mind" in the actor; it sets a standard of what the "average person should have known" (p. 109)
strict liability—
_____liability that requires neither subjective nor objective fault (p. 109)
general intent—
_____intent to commit the actus reus—the act required in the definition of the crime (p.109 )
specific intent—
_____the attitude represented by subjective fault, where there's a "bad" mind or will that triggers the act; the intent to do something beyond the actus reus (p. 110)
general intent "plus"—"
_________ general intent" refers to the intent to commit the actus reus of the crime, and "plus" refers to some "special mental element" in addition to the intent to commit the criminal act (p. 110)
purpose—
______ the specific intent to act and/or cause a criminal harm (p. 112)
knowledge—
______consciously acting or causing a result (p. 112)
recklessness—
______the conscious creation of substantial and unjustifiable risks (p. 113)
negligence—
_____the unconscious creation of substantial and unjustifiable risks (p. 113)
purposely—
_____the most blameworthy mental state (p. 113)
principle of concurrence—
______some mental fault has to trigger the actus reus in criminal conduct crimes and the cause in bad-result crimes (p. 123)
causation—
_____requirement that criminal conduct causes a harm defined in the criminal code (p. 124)
factual cause—
_____conduct that, in fact, leads to a harmful result (p. 124)
"but for" cause—
_____ meaning that if it weren't for an actor's conduct, the result wouldn't have occurred. (p. 124)
legal (proximate) cause
_____—the main cause of the result of criminal conduct; legal cause
(p. 124)
intervening cause
_____—the cause that either interrupts a chain of events or substantially contributes to a result (p. 125)
proximate cause of death—"
______a cause which, in natural and continuous sequence, produces the death, and without which the death would not have occurred." (p. 126)
superseding cause—
_____ a cause which constitutes a break in the natural and continuous sequence between a proximate cause and the outcome. (p. 126)
defense of excuse—
_____a defense where the mistake prevents the formation of any fault-based mental attitude, namely purpose, knowledge, recklessness, or negligence. (p. 128)
failure-of-proof defense—
______mistake defense where defendants present some evidence that the mistake raises a reasonable doubt about the formation of a mental element required for criminal liability. (p. 128)
affirmative defenses ,,,,preponderance of the evidence
Most justifications and excuses are ______which require defendants to produce credible evidence. They also require the defendant to prove the defense by a ______.
acquittal ,,,,,insanity
. Successful perfect defenses result in ____except for the excuse of _____
true
Imperfect defenses result in the defendant being guilty of a less offense.
exceptions
All the justification defenses are_____ to the rule of law. They allow individuals to take the law into their own hands. According to the rule of law, the government has a monopoly on the use of force. Use of force by individuals must be justified by law.
concession to necessity and is only justified when the force is reasonably and immediately necessary for defense.
Self-defense is a ________
the necessity is unprovoked and the attack involves threatened death or serious bodily injury.
Deadly force is justified only when________
true
, a person is not required to retreat from or in their own home before using deadly force.
The right to defend others
______ includes everyone from close family members to any stranger who needs immediate protection from attack. The same rules apply as in self-defense.
criminal conduct—
_____a criminal act and criminal intent (p. 135)
justification defenses—
______defendants admit they were responsible for their acts but claim what they did was right (justified) under the circumstances (p.136)
excuses defenses—
_____defendants admit what they did was wrong but claim that, under the circumstances, they weren't responsible for what they did (p. 136)
affirmative defense—
_____defense in which the defendant bears the burden of production (p. 136)
burden of production—
_____the responsibility to introduce initial evidence to support a defense (p. 136)
burden of persuasion—
_____the responsibility to convince the fact finder of the truth of the defense (p. 136)
preponderance of the evidence—
_____more than 50 percent of the evidence proves justification or excuse (p. 136)
perfect defense—
_____defense that leads to outright acquittal (p. 136)
imperfect defense—
_____defense that reduces, but does not eliminate, criminal liability
(p. 137)
necessity—
_____general principle of an honest and reasonable belief that it's necessary to commit a lesser crime (evil) to prevent the imminent danger of a greater crime (evil) (p. 143)
initial aggressor—
_____ someone who provokes an attack (p. 138)
withdrawal exception—
_____if initial aggressors completely withdraw from fights they provoke, they can claim the defense of self-defense (p. 138)
imminent danger of attack—
_____element in self-defense that injury or death is going to happen right now (p. 138)
stand-your-ground rule—
_____if you didn't start the fight, you can stand your ground and kill (p. 143)
retreat rule—
____you have to retreat but only if you reasonably believe that backing off won't unreasonably put you in danger of death or serious bodily harm (p. 143)
castle exception—
______exception to the retreat doctrine allowing you to stand your ground and use deadly force to fend off an unprovoked attack, but only if you reasonably believe the attack threatens death or serious bodily injury (State v. Kennamore 1980, 858) (p. 143)
Florida Personal Protection Law—
______the model for most of the new castle laws (p. 150)
cohabitants—
_____two persons living in the same "castle" (p. 144)
curtilage—
______the area immediately surrounding a dwelling (p. 149)
choice-of-evils defense
______(general principle of necessity)—justifies choosing to commit a lesser crime to avoid the harm of a greater crime (p. 160)
defense of consent—
______a justification defense that says if mentally competent adults want to be crime victims, no paternalistic government should get in their way (p. 166)
voluntary consent—
_____consent that was the product of free will, not of force, threat of force, promise, or trickery (p. 167)
knowing consent—
____the person consenting understands what she's consenting to; she's not too young or insane to understand (p. 167)
A "not guilty" verdict reflects the jury's conclusion that:
A "not guilty" verdict reflects the jury's conclusion that:
Complicity
________ involves crimes that make one person criminally liable for the actions of another.
criminal liability.
Criminal conduct that qualifies for criminal punishment is the definition of:
willfullness
WWhich of the following is not a type of culpability in the Model Penal Code?
hedonism.
The law that says that human beings seek pleasure and avoid pain is the law of:
felony
An offense which is punishable by one year or more in a state prison is called a:
circumstantial
In the absence of a confession, intent must generally be proven by _____ evidence.
3
Criminal conduct consists of how many elements?
the state did not prove all the elements of the crime beyond a reasonable doubt.
A "not guilty" verdict reflects the jury's conclusion that:
guilty of lesser offenses.
Evidence that doesn't amount to a perfect defense might amount to an imperfect defense; that is, defendants are:
mens rea. p. 128
Mistake is a defense whenever the mistake prevents the formation of any fault-based
the American Bystander rule
Most states follow which of the following?
intervening cause.
The cause that either interrupts a chain of events or substantially contributes to a result is called the:
The Fourteenth Amendment
Which Amendment to the Constitution requires that states provide equal protection of the law?
Barbaric
Which of the following kind of punishments are prohibited by the Eighth Amendment?
Complicity
________ involves crimes that make one person criminally liable for the actions of another.
power in the hands of government officials
The authors of the U.S. Constitution were suspicious of:
constructive possession
When you possess something you don't know you possess, it is called:
result crimes. pg 84
Those crimes requiring a criminal act triggered by criminal intent are:
retribution and incapacitation.
Since the mid-1980s, the two rationales that have dominated penal policy are:
justification.
A defense in which the defendant accepts responsibility for the act but claims what they did was right is called
action
Which of the following refers to what we do?
a confession
What is the only direct evidence of a defendant's mens rea?
torts
Private wrongs for which you can sue the party who wronged you and recover money are known as: