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65 Cards in this Set
- Front
- Back
Standard of Review Who has the burden? |
Prove every element of the crime beyond a reasonable doubt - State/ Prosecution has the BOP |
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1. Legality? 2. Clarity? 3. Lenity? 4. Proportionality? Plays on theories of punishment |
1. Crimes are punishable by law, not all conduct 2. Person of ordinary intelligence fair notice of what is prohibited (vague statutes not allowed) 3. Statutory construction favors the def. when ambiguous- "fair imports" 4. Punishment fit the crime |
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Punishment Theories (2) |
1. Utilitarianism 2. Retributivism |
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Utilitarianism forms (3) "look forward in time" |
1. Individual deterrence 2. Rehabilitation/ reform 3. General deterrence |
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Retributivism forms (3) "look back in time" |
1. "Just Desserts" social retaliation/ public vengeance 2. Protective retribution 3. Right a wrong |
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Sources of Criminal Law (2) |
1. Common Law 2. Criminal Statutes (MPC) |
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Actus Reus (definition and 3 parts) |
The physical or external portion of the crime 1. a voluntary act 2. that causes 3. social harm |
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Can you punish for thoughts alone? |
No. Must be response to conduct. |
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Voluntary Act |
1. Can be physical bodily movement but no act 2. Act doesn't apply to results of body moves 3. MPC is defined as voluntary or involuntary bodily movements performed as described |
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Voluntary Act Time Framing |
Prosecution no need to show every act or even last act by def. was voluntary to show criminal liability. |
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Voluntary Act: Supposed but not real exceptions to the requirement (3) |
1. Poorly drafted statutes 2. Status offenses (vague statute- act doesn't matter) 3. Crimes of Possession (passive possession of prohibited objects- inchoate- more like an omission) |
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MPC Voluntary- no define voluntary except partially and indirectly involuntary listed moves (6) |
1. reflexes 2. convulsions 3. conduct during unconsciousness 4. sleep 5. hypnosis 6. any conduct not a product of effort of actor either conscious or habitual |
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Omissions: General Rule |
A person has no duty to act to prevent harm to another even if she can do so at no risk to self, and even if the other person may lose their life without assistance |
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Omissions: Special Duties to Act (4) |
1. Status Relationships 2. Contractual Obligation 3. Omission following act * Creation of Risk * Voluntary assisstance 4. Statutory Duty to Act |
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MPC Omissions (Def. and 2 Circumstances) |
"includes a voluntary act or the omission to preform an act which he is physically capable" 1. Law defines the offense or 2. If the duty to act is otherwise imposed by law |
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Defining Social Harm (3 parts) |
1. Conduct Element 2. Result Element 3. Attendant Circumstance (breakdown the statute into its parts) |
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Mens Rea (common law def.) |
Broadly- a general immorality of motive, vicious will or and evil mind Moral blameworthiness |
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Mens Rea (MPC def.) |
the particular mental state provided for in the definition of an offense Culpability or elemental meaning |
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MPC Purpose (Give Conduct, Attendant Circumstance and Result) |
C: Conscious object A: Awareness, belief, hope R: Conscious object |
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MPC Knowledge (Give Conduct, Attendant Circumstance and Result) |
C: Awareness A: Awareness R: Awareness of practical certainty |
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MPC Recklessness (Give Conduct, Attendant Circumstance and Result) |
C: Undefined A: Conscious disregard of substantial and unjustifiable risk R: Conscious disregard of substantial and unjustifiable risk (meaning a gross deviation from the standard of conduct that a law-abiding citizen would observe in the actor's situation) |
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MPC Negligent (Give Conduct, Attendant Circumstance and Result) |
C: Undefined A: Failure to perceive substantial and unjustifiable risk R: Failure to perceive substantial and unjustifiable risk (which means a gross deviation from standard of care that a reasonable person would observe in the situation) |
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Common law "intent" (3) |
1. It is his desire (conscious object) to cause social harm OR 2. He acts with knowledge that the social harm is virtually certain to occur as a result of his conduct 3. Reasonable person std of awareness |
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Motive Importance (3) |
1. Specific Intent crimes require 2. Is relevant to claims of defense 3. Relevant to sentencing phase |
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Mens Rea and Transferred intent; does it fly? |
1. Usually it works; punish proportionately to the wrongdoers culpability 2. Sometimes not- when unnecessary/ potentially misleading |
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Knowledge of attendant circumstance met in willful blindness/ deliberate ignorance? (2) |
Yes, if 1. actor is aware of a high probability of the existence of the fact in question AND 2. takes deliberate action to avoid confirmation or purposely fails to investigate to avoid confirmation of the gact |
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Risk taking categories (4) |
1. neutral risk taking 2. risk taking that justifies civil liability "civil negligence" 3. risk taking that crosses civil line into crimes "criminal negligence" 4. even more culpable risk-taking "recklessness" |
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Criminal negligence (1) |
Conduct that represents a gross deviation from the standard of reasonable car *PL far outweighs B |
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Common Law -Intentional Killing- Murder: Intent to kill (definition) |
Awareness that death of another would result from one's actions (express or implied) |
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Common Law -Intentional Killing- Voluntary Manslaughter |
Intentional homicide that would otherwise be murder, but mitigation by heat of passion upon provocation |
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MPC -Intentional Killing- 210.2 Murder |
Purposely or knowingly causes the death of another |
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MPC- Intentional Killing- 210.3 Manslaughter |
Acts under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse |
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Common Law- Unintentional Killing- Murder |
Intent to cause serious bodily injury where death results (implied malice) |
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Common Law- Unintentional Killing- Murder: Depraved Heart |
Extreme negligent conduct which creates an unreasonable, unjustifiable, very high degree of risk of death or serious bodily injury and actually causes death; manifesting cruelty, wickedness of disposition, recklessness of consequences, and a mind regardless of social duty (implied malice) |
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Common Law- Unintentional Killing- Murder: Felony-Murder |
Requires culpability as to committing or attempting to commit a different felony,but not as to causing death of victim (malice substitute) |
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Common Law- Unintentional Killing- Involuntary Manslaughter 1. Recklessness |
Unlawful killing in the commission of a lawful act without due caution or ciirccumspection (culpable negligence, criminal negligence, gross negligence, etc.) |
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Common Law- Unintentional Killing- Involuntary Manslaughter 2. Unlawful Act |
Unlawful killing in commission of an unlawful act not amounting to a felony (misdemeanor-manslaughter) |
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MPC -Unintentional Killing- 210.2 Murder |
Recklessness under circumstances manifesting extreme indifference to human life |
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Common Law Approach Specific Intent (Mental State) |
Defense application Reasonable or Unreasonable mistake of fact that negates mens rea (elemental analysis) |
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Common Law Approach General Intent (Mental State) |
Defense application Reasonable mistake of fact that negates mens rea (culpability analysis) --> if mistake unreasonable then guilty |
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Common Law Approach Strict Liability (Mental State) |
Defense application Never (elemental analysis) |
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MPC -Unintentional Killing- Felony Murder Presumptions: |
Such recklessness and indifference are presumed if the actor is engaged or is an accomplice in the commission of, or an attempt to commit robbery, rape, deviate sex intercourse by force or threat of force, arson, burglary, kidnapping or felonious escape |
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MPC -Unintentional Killing- 210.3 Manslaughter |
Recklessly causes the death of another |
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MPC -Unintentional Killing- 210.4 Negligent Homicide |
Homicide committed negligently |
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Malum prohibitum |
prohibited by law (lesser punishment/ usually lesser crimes) |
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Malum in se |
malice in and of itself (greater punishment/ greater crimes) |
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MPC Specific/ General Intent |
Elemental approach- uses the (4) culpability defined terminology mens rea requirement for every element of crime |
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MPC Strict Liability |
No Mens Rea required |
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MPC exception to the mistake of fact rule |
MPC only permits punishment at the level of the lesser offense |
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Mistake of Law Defense (3) valid (2) invalid |
1. reasonable reliance 2. fair notice 3. failure of proof 1. Reliance on one's own interpretation of law 2. Advice of private counsel |
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Criminal Causation (definition and 2 prongs) Both Common Law and MPC |
Relationship between actus reus and result supported by mens rea 1. Actual/ Factual Cause 2. Proximate Cause |
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Common Law Actual/ Factual Cause "Cause in fact" |
1. "But-for" Test But for the def. voluntary acts, would the social harm have occurred when it did? |
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Common Law 1. Is it possible to have causation without mens reas? 2. Is it possible to have mens rea without causation? |
1. Yes. 2. Yes. |
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Common Law Multiple Actual Causes Concurrent Sufficient Causes (definition) Substantial factor |
Each act alone was sufficient to cause the result that occurred when it did. "two simultaneous mortal wonds" Def. act was substantial factor in causing prohibited harm |
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Common Law Multiple Actual Causes Accelerating a Result (definition) |
Both actors may properly be described as actual causes, when one act subsequent another accelerated the process of death |
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Common Law Obstructed Actual Cause |
When simultaneously and independently something intervenes (unforeseeable/ coincidental) |
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Common Law Proximate/ Legal Cause |
1. Direct cause action 2. Intervening causes following actual cause like a. 3rd party wrongdoing b. victims contributory negligence c. suicidal act d. act of God/ nature |
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Common Law De Minimis Contribution Doctrine |
Actors contribution to the wrong is too minor, relieve them of criminal liability |
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Common Law Proximate Cause Intervening Causes Dependent v. Independent |
Dependent = responsive, foreseeable actions taken in response/ reaction to wrong, original wrongdoer still criminally liable Independent= coincidental, unforeseeable acts, relieve the original wrongdoer of criminal responsibility unless the independent act was foreseeable |
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MPC- Actual Cause, Proximate Cause |
AC: "But-for" Test PC: Relates to actor's culpability (4)- not if too remote or accidental to have a just bearing on liability and gravity of offense "Commonsense" |
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Justification Defenses Underlying Theories (4) |
1. Public Benefit 2. Moral Forfeiture 3. Moral Rights 4. Superior / Lesser Harm Interest |
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Excuse Defenses Underlying Theories (5) |
1. Search for Explanation of crime 2. Deterrance 3. Causation 4. Character 5. Free Choice/ Personhood |
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Justification v. Excuse: Why does it matter? (6) |
1. Sending Clear Moral Messages 2. Theoretical Consistency in Criminal Law 3. Accomplice Liability 4. 3rd Party Conduct 5. Retroactivity 6. Burden of Proof |
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Common Law Criminal Homicide (definition) 1 year and a day rule (explain) |
"Killing of a human being" Def. can't be prosecuted for criminal homicide unless victim dies within a year and day of act inflicting the fatal injury |
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Common Law Definition of Malice |
1. intention to kill a human being 2. intention to inflict grievous bodily injury on another 3. an extreme reckless disregard for the value of human life 4. intention to commit a felony during commission or attempt which results in death |