Study sets matching "order criminal law"
Study sets
Diagrams
Classes
Users
Public Order Act 1986
s.1 Riot
s.2 Violent Disorder
s.3 Affray
s.1 Riot... s.2 Violent Disorder... s.3 Affray ... s.4 Fear/Provocation…
12+ people present together threaten unlawful violence for COM…
3+ people present together threaten violence and conduct toget…
2+ people use and threaten unlawful violence that taken togeth…
Public Order Act 1986
s.1 Riot... s.2 Violent Disorder... s.3 Affray ... s.4 Fear/Provocation…
s.1 Riot
12+ people present together threaten unlawful violence for COM…
Key Milestones
Thatcher's approach to law and order
Criminal justice and public order act (…
Briefly outline the differences between…
- 1965: End of death penalty... - !967: Sexual offences act decri…
- Emphasised the individual responsibility of the citizen and…
- This was a controversial piece of legislation that notably r…
- The police recorded a 10% rise in crime in England and Wales…
Key Milestones
- 1965: End of death penalty... - !967: Sexual offences act decri…
Thatcher's approach to law and order
- Emphasised the individual responsibility of the citizen and…
four elements of a crime
mens rea
four categories of mens rea
intent
Mens Rea... Actus Reus... Causation... Concurrence
the mental requirement in criminal law, aka the guilty mind
intent... knowledge... recklessness... criminal negligence
the conscious desire to commit an illegal act
four elements of a crime
Mens Rea... Actus Reus... Causation... Concurrence
mens rea
the mental requirement in criminal law, aka the guilty mind
Ch. 1 Background
Requirements of a crime
Arson (CL)
Agg Arson (ORC)
...
Actus Reus... Mens Rea... Causation... Concurrence of elements... >Prosec…
-Arson... -Burning (malicious)... -Charring... -Dwelling house of anoth…
-Fire or explosion... -Knowingly... -Create risk of serious physical…
Ch. 1 Background
...
Requirements of a crime
Actus Reus... Mens Rea... Causation... Concurrence of elements... >Prosec…
affray
breach of peace
bribery
concealed weapon
A fight between two or more people in a public place to the te…
Any unlawful activity that unreasonably disturbs the peace and…
The offense of giving or receiving a gift or reward intended t…
A weapon that is carried on or near one's person and is not di…
affray
A fight between two or more people in a public place to the te…
breach of peace
Any unlawful activity that unreasonably disturbs the peace and…
four elements of a crime
mens rea
four categories of mens rea
intent
Mens Rea... Actus Reus... Causation... Concurrence
the mental requirement in criminal law, aka the guilty mind
intent... knowledge... recklessness... criminal negligence
the conscious desire to commit an illegal act
four elements of a crime
Mens Rea... Actus Reus... Causation... Concurrence
mens rea
the mental requirement in criminal law, aka the guilty mind
Retributionist
Utilitarian
Uniformity in sentencing
Burden of proof in general
Concerned w/ dealing out a punishment that fits the crime. In…
Concerned w/ the greater good. Dealing out punishments to dete…
a. Circumstances of the offense... b. Characteristics of the offe…
Prosecutor has the burden of proof regarding elements of the o…
Retributionist
Concerned w/ dealing out a punishment that fits the crime. In…
Utilitarian
Concerned w/ the greater good. Dealing out punishments to dete…
CRIINAL CONSPIRACY
CRIMINAL ATTEMPT
CRIMINAL FACILITATION
CRIMINAL SOLICITATION
AGREES WITH ONE OR MORE... ANY ONE OR MORE OF SUCH PERSONS DOES…
CONSTITUTES A SUBSTANTIAL STEP TOWARD COMMISSION OF THE CRIME
SUBSTANTIAL ASSISTANCE
PERSUADE
CRIINAL CONSPIRACY
AGREES WITH ONE OR MORE... ANY ONE OR MORE OF SUCH PERSONS DOES…
CRIMINAL ATTEMPT
CONSTITUTES A SUBSTANTIAL STEP TOWARD COMMISSION OF THE CRIME
Fagan v MPC
Tuberville v Savage
Smith v Chief Constable of Woking
R v Constanza
An assault is committed where D intentionally or recklessly ca…
D put his hand on his sword and stated 'if it were not assize…
D looked into a woman's window but did not do anything. She sc…
D mounted hate campaign against work colleague. Sent threateni…
Fagan v MPC
An assault is committed where D intentionally or recklessly ca…
Tuberville v Savage
D put his hand on his sword and stated 'if it were not assize…
Felonies
Violations
Crime of Omission
Conspiracy
These types of crimes are the most serious category of crime.
These crimes are a minor disregard for public well-being.
This type of crime is when a person fails to perform an act th…
This is an agreement between two or more persons to commit a c…
Felonies
These types of crimes are the most serious category of crime.
Violations
These crimes are a minor disregard for public well-being.
Mens Rea (most likely three)
Homicide: Murder
Homicide: Manslaughter
Attempt
1. Actual Intent to do the act or cause the harm prohibited by…
Murder: (CL) Unlawful killing of a human being with malice afo…
Manslaughter: (CL) Unlawful killing of a human being without…
1. Attempt to commit x... 2. State must establish two things... a.…
Mens Rea (most likely three)
1. Actual Intent to do the act or cause the harm prohibited by…
Homicide: Murder
Murder: (CL) Unlawful killing of a human being with malice afo…
Crime
Felonies
M'Naghten.
Up to five years in jail.
Any act done by an individual in violation of the duties he or…
Most serious kinds of crimes.
Insanity test in which the defendant must show he/she suffered…
Punishment in Florida for a third degree felony.
Crime
Any act done by an individual in violation of the duties he or…
Felonies
Most serious kinds of crimes.
FUNDAMENTAL OBSERVATIONS
INCHOATE CRIMES
CRIMINAL HOMICIDE
EXPRESS MALICE
Actus Reus / Mens Rea... Accomplice Liability... Vicarious Liability
SAC... Solicitation... Attempt... Conspiracy
1) a person is guilty of criminal homicide if he purposely, kn…
Intent to kill - deadly weapon rule
FUNDAMENTAL OBSERVATIONS
Actus Reus / Mens Rea... Accomplice Liability... Vicarious Liability
INCHOATE CRIMES
SAC... Solicitation... Attempt... Conspiracy
Victoria Crimes Act 1958
Doli incapax
Actus Reus
Mens Rea
This Act includes the criminal laws set by Victoria
When someone is deemed incapable of forming the intent to comm…
One of the elements needed to be a crime. This element means t…
One of the elements needed to be a crime. This element is mean…
Victoria Crimes Act 1958
This Act includes the criminal laws set by Victoria
Doli incapax
When someone is deemed incapable of forming the intent to comm…
four elements of a crime
mens rea
four categories of mens rea
intent
Mens Rea... Actus Reus... Causation... Concurrence
the mental requirement in criminal law, aka the guilty mind
intent... knowledge... recklessness... criminal negligence
the conscious desire to commit an illegal act
four elements of a crime
Mens Rea... Actus Reus... Causation... Concurrence
mens rea
the mental requirement in criminal law, aka the guilty mind
Crime
3 Levels of Crime
Felony
misdemeanor
an act that violates the rules of society, or the law
Infractions, misdemeanors, felonies
a major crime. It is punishable by a fine, imprisonment, or bo…
less serious crime. It is punishable by a fine, imprisonment,…
Crime
an act that violates the rules of society, or the law
3 Levels of Crime
Infractions, misdemeanors, felonies
Crime
Felony
Misdemeanor
White Collar Crimes
A punishable offense against society; an illegal act.
A serious crime punishable by one or more years or imprisonmen…
A less serious crime than a felony, usually punishable by impr…
Offenses committed in the business world that do not involve f…
Crime
A punishable offense against society; an illegal act.
Felony
A serious crime punishable by one or more years or imprisonmen…
Crown Prosecution Service (CPS)
magistrates' court
Crown Court
actus reus
The organisation in charge of bringing criminal cases to court
a court that deals with crimes that are not serious
a law court in England or Wales where criminal cases are…
The prohibited act, omission, consequence or state of affairs.…
Crown Prosecution Service (CPS)
The organisation in charge of bringing criminal cases to court
magistrates' court
a court that deals with crimes that are not serious
jury selection voir dire
opening statement - tell jury what will…
presentation of evidence- all witnesses…
closing arguments- prosecution proves w…
first step
second step
third step
fourth step
jury selection voir dire
first step
opening statement - tell jury what will…
second step
Jurisdiction
Common Law Crimes
Burdens of Proof
Retributivism
The Authority of a sovereign to create a substantive criminal…
Created and enforced by the judiciary in the absence of a stat…
Either the Defendant or the Prosecutor is responsible for prov…
This is the idea of "an eye-for-an-eye." Punishment is justifi…
Jurisdiction
The Authority of a sovereign to create a substantive criminal…
Common Law Crimes
Created and enforced by the judiciary in the absence of a stat…
Jurisdiction
Civil Law
Criminal Law
Appeal
The power given to a court to hear a case and make a judgment
The Plaintiff brings the case in
The Prosecutor brings the case in
Only questions of "Law" may be raised on
Jurisdiction
The power given to a court to hear a case and make a judgment
Civil Law
The Plaintiff brings the case in
First Degree Murder Elements
Proctor v. State
Utilitarianism (theory)
Felony Murder Elements
Premeditation + Deliberation + Express Intent to Kill
Problems with Actus Rea (keeping a place)... i. The act of renti…
Punishment is justifiable only if it promotes the interest of…
Enumerated Dangerous Felony + Causal Link between Felony Murde…
First Degree Murder Elements
Premeditation + Deliberation + Express Intent to Kill
Proctor v. State
Problems with Actus Rea (keeping a place)... i. The act of renti…
Model Penal Code Jurisdiction
Common Law Jurisdiction
Theories of Punishment
Regina V. Dudley and Stephens (Queen's…
Describes jurisdiction that have adopted portions of the Model…
Describes jurisdictions that have very old penal codes that we…
Deterrence, Retribution, Rehabilitation and Incapacitation
Law and morality are wedded together. Man has a moral duty to…
Model Penal Code Jurisdiction
Describes jurisdiction that have adopted portions of the Model…
Common Law Jurisdiction
Describes jurisdictions that have very old penal codes that we…