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Medications and Behavior > Criminal Law Exam 1 > Flashcards

Criminal Law Exam 1 Flashcards

1
Q

law

A

the federal, state, or local enactments of legislative bodies; the known decisions of the courts of the federal and state governments; rules and regulations proclaimed by government bodies; and proclamations by executives of the federal, state, or local government

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2
Q

Common law

A

Law created by judicial opinion. Historically, law from America’s colonial and English past, which has set precedents that are still sometimes followed today.

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3
Q

statutory law

A

Law created through state and federal legislatures

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4
Q

criminal law

A

Law that involves the violation of public rights and duties, creating a social harm

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5
Q

civil law

A

Law that deals with matters considered to be private concerns between individuals

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6
Q

Tort

A

A civil violation; the civil law’s equivalent of a crime.

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7
Q

actus reus

A

a willful unlawful act.

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8
Q

mens rea

A

a guilty mind, or intent

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9
Q

Legality

A

The principle that no once can be punished for an act that was not defined as criminal before the person did the act

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10
Q

Model Penal Code (MPC)

A

A comprehensive recodifications of the principles of American criminal responsibility

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11
Q

Jurisdiction

A

The power or authority of a court to act with respect to any case before it.

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12
Q

Federalism

A

The system of government of the United States whereby all power resides in the state governments unless specifically granted to the federal government

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13
Q

Probable cause

A

Evidence that there is a fair probability that the suspect committed a crime; required for an arrest of a suspect by a law enforcement officer.

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14
Q

Recognizance

A

a promise to appear in court

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15
Q

bail

A

a deposit of cash, other property, or a bond, guaranteeing the accused will appear in court

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16
Q

Bond

A

A written promise to pay the bail sum, posted by a financially responsible person, usually a professional bail bond agent

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17
Q

preliminary hearing

A

a post-arrest, pretrial judicial proceeding at which the judge decides whether there is probable cause to prosecute the accused. In some jurisdictions, the preliminary hearing is minimal; in others, it is a mintrial

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18
Q

grand jury

A

A panel of persons chosen through strict court procedures to review criminal investigations and, in some instances, to conduct criminal investigation. Grand juries decide whether to charge crimes in the cases presented to them or investigated by them.

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19
Q

Indictment

A

The paper issued by a grand jury that charges an accused with a felony

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20
Q

information

A

The paper issued by a prosecutor that charges an accused of a felony

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21
Q

Arraignment and plea

A

The defendant’s appearance to respond formally to the charges

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22
Q

Habeas corpus

A

Literally, “you have the body”. A legal action separate from the criminal case, it can be brought only by a prisoner who has exhausted all the usual appellate remedies

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23
Q

Bill of Rights

A

The first 10 amendments to the U.S. Constitution, especially those portions that guarantee fundamental individuals rights vis-a-vis the government

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24
Q

Procedural criminal law

A

The rules governing how the criminal law is administered

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25
Q

Due process

A

The multiple criminal justice procedures and processes that must be followed before a person can be legally deprived of his or her life, liberty, or property

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26
Q

Equal protection

A

The constitutional provision that all people should be treated equally with respect to the practice dealt with by the law.

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27
Q

bill of retainer

A

A special legislative enactment that declares a person or group of persons guilty of a crime and subject to punishment without trial

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28
Q

Ex post facto law

A

A law that: 1) makes criminal an act done before passage of the law against it and punishes such action; 2) aggravates a crime or makes it greater than it was when committed; or 3) inflicts a greater punishment than the law imposed or allows evidence of guilt that is less than what the law required at the time the offense was committed.

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29
Q

Fair notice

A

The due process requirement that people are entitled to know what they are forbidden to do so that they may shape their conduct accordingly

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30
Q

Substantive criminal law

A

The law defining acts that are criminal

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31
Q

The clear and present danger test

A

A test to determine whether a defendant’s words pose an immediate danger of bringing about substantive evils that Congress has the right (and duty) to prevent

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32
Q

Proportionality

A

The constitutional principle that the punishment should fit the crime, expressed in the Eighth Amendment’s cruel and unusual punishment clause.

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33
Q

Crime

A

An act or omission that the law makes punishable, generally by fine, penalty, forfeiture, or confinement

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34
Q

Tort

A

A wrongful act that results in injury and leaves the injured party entitled to compensation

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35
Q

Felony

A

A serious crime that is usually punishable by imprisonment for more than one year or by death

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36
Q

Misdemeanor

A

A crime that is less serious than a felony and is usually punishable by fine, penalty, forfeiture, or confinement in a jail for less than on year.

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37
Q

Petty offense

A

A minor or insignificant crime, also known as a violation or infraction

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38
Q

Omissions

A

Narrowly defined circumstances in which a failure to act is viewed as a criminal act.

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39
Q

Possessory offenses

A

Criminal offenses in which the law defines possession as an act

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40
Q

Motive

A

The emotion that prompts a person to act. It is not an element of a crime that is required to prove criminal liability, but is often shown in order to identify the perpetrator of a crime or explain his or her reason for acting

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41
Q

Specific intent

A

The intention to commit an act for the purpose of doing some additional future act, to achieve some further consequences, or with the awareness of a statutory attendant circumstance

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42
Q

General intent

A

The intent only to do the actus reus of the crime, without any of the elements of specific intent

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43
Q

Transferred intent

A

A doctrine that holds a person criminally liable even when the consequence of his or her action is not what the actor actually intended

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44
Q

Strict liability

A

When a person can be convicted of a crime without having any requisite mental state or intention to commit the crime

45
Q

Transferred intent

A

Under the doctrine of transferred intent, if this robber intended to kill a teller but instead shoots and kills an innocent bystander, he is equally liable for murder

46
Q

The purposely with respect to result or conduct

A

When the actor has a voluntary wish to act in a certain way or produce a certain result

47
Q

Purposely with respect to attendant circumstances

A

When the actor is aware of conditions that will make the intended crime possible, or believes or hopes that they exist

48
Q

Knowingly causes a result

A

Commits an act in the awareness that one’s conduct will almost certainly cause this result

49
Q

Knowingly with respect to conduct and attendant circumstances

A

Aware that one’s actions are criminal, or that attendant circumstances make an otherwise legal act a criminal one

50
Q

recklessly

A

Acting in a manner that voluntarily ignores a substantial and unjustified risk that a certain circumstance exists or will result from one’s actions

51
Q

Negligently

A

Acting in a manner that ignores a substantial and unjustified risk of which one should have been aware

52
Q

Cause-in-fact

A

The cause of the social harm in a criminal act, as determined by the but-for test

53
Q

But-for test

A

The test that asks whether the result would have occurred if the defendant had not acted.

54
Q

Proximate cause

A

That cause, from among all of the causes-in-fact that may exist, that is the legal cause of the social harm

55
Q

Intervening cause

A

A cause other than the defendant’s conduct that contributes to the social harm

56
Q

Concurrence of Elements

A

Requirement for criminal liability that the accused performed a voluntary act accompanied by the required mental state that actually and proximately caused the prohibited social harm.

57
Q

Accomplice

A

Someone who knowingly and willingly associates in the commission of a criminal offense and who intentionally assists another in the commission of a crime.

58
Q

Aid and abet

A

To assist or facilitate a person in accomplishing a crime

59
Q

Accomplice liability

A

The accountability of one individual for the criminal act or acts of another.

60
Q

Principal

A

One who is present at and participates in the crime charged or who procures an innocent agent to commit the crime.

61
Q

Accessory

A

One who aids in the commission of a crime without being present when the crime is committed.

62
Q

Principle in the first degree

A

Usually the primary actor or perpetrator of the crime.

63
Q

Principles in the second degree

A

One who intentionally assists in the commission of a crime in his or her presence; such presence may be actual or constructive

64
Q

Constructive presence

A

When an individual is within the vicinity of the crime and is able to assist the primary actor if necessary

65
Q

Accessory before the fact

A

One who intentionally counsels, solicits, or command another in the commission of a crime

66
Q

Accessory after the fact

A

One who intentionally aids another whom he or she knows has committed a felony, in order for the person assisted to avoid criminal prosecution and punishment.

67
Q

Criminal facilitation

A

When in individual knowingly aids another, but does not truly have a separate intent to aid in the commission of the underlying offense

68
Q

Agent provocateur

A

Someone who intends for the principal to fall in his or her illegal venture and, because of this lack of causation, Is not an accomplice.

69
Q

Entrapment

A

When officers or agents of the government, for the purpose of instituting a criminal prosecution against a person, induce an otherwise innocent person to commit a crime that he or she had not contemplated.

70
Q

Natural and probable consequences doctrine

A

A doctrine that holds an accomplice liable not only for the offense he or she intended to facilitate or encourage. but also for any natural and foreseeable additional offenses committed by the principal to whom he or she is an accomplice.

71
Q

Innocent agent or instrumentality

A

An object, animal, or person who cannot be culpable under the law, such as an inane person or a child, that is used by a principal to commit a crime.

72
Q

Nonproxyable offense

A

A crime that can be committed only through an actor’s own conduct and cannot be committed by an agent

73
Q

Conspiracy

A

A partnership in crime defined as an agreement between two or more people to achieve a criminal purpose or to achieve a lawful purpose using unlawful means. Also called a common criminal enterprise.

74
Q

Agency theory

A

The theory that all conspirators act as the agents of (and represent) their co-conspirators involved in a criminal scheme and are liable for all criminal acts committed by any of their co-conspirators

75
Q

Pinkerton doctrine

A

The doctrine that holds a person associated with a conspiracy responsible for any criminal act committed by a co-conspirator if the act is within the scope of the conspiracy and is a foreseeable result of the criminal scheme.

76
Q

Inchoate crime

A

A criminal act that is detected and punished before the ultimate or intended crime actually occurs. The principal modern inchoate crimes are attempt, conspiracy, and solicitation.

77
Q

Attempt

A

When a person, with the intent to commit an offense, performs any act that constitutes a substantial step toward the commission of that offense.

78
Q

Last act test

A

A test that determines that an attempt has occurred when a person has performed all of the acts that he or she beloved were necessary to commit the underlying offense

79
Q

Physical proximity test

A

A test that determines that an attempt has occurred when the perpetrator’s conduct, though not having advanced so far as the last act, approaches sufficiently near to the completed crime as to be a substantial step toward commission of the offense.

80
Q

Dangerous proximity test

A

A test that determines that an attempt has occurred when the perpetrator’s conduct is in dangerous proximity to success, or when an act is so near to the result that the danger of its success is very great.

81
Q

Indispensable element test

A

A test that determines that no attempt has occurred when a suspect has not yet gained control over an indispensable instrumentality of the criminal plan

82
Q

Unequivocality test

A

A test that determines that an attempt has occurred when a person’s conduct, standing alone, unambiguously manifests his or her criminal intent.

83
Q

Substantial step test

A

The MPC’s test to determine whether the actus reus of attempt has occurred, which requires that the suspect must have done or omitted to do something that constitutes “a substantial step” in the commission of the substantive offense

84
Q

Factual impossibility

A

When a person’s intended end result constitutes a crime, but the person falls to consummate the offense because of an attendant circumstance that is unknown or beyond his or her control, making commission of the crime impossible

85
Q

Legal impossibility

A

When the intended acts, even if complicated, would not amount to a crime. Legal impossibility is a common law defense to the crime of attempt

86
Q

“hybrid” Legal impossibility

A

An ambiguous case in which impossibility could be considered either legal or factual, as distinguished from cases of true legal impossibility

87
Q

Genuine legal impossibility

A

Where the law does not define as criminal the goal the defendant sought to achieve. This is a valid defense to the crime of attempt

88
Q

Abandonment

A

An affirmative defense to the crime of attempt that exists only if the defendant voluntarily and completely renounces his or her criminal purpose

89
Q

Solicitation (incitement)

A

The act of seeking to persuade someone else to commit a crime with the intent that the crime be committed

90
Q

Joshua 1:8

A

This Book of the Law shall not depart from your mouth, but you shall meditate on it day and night , so that you may be careful to do according to all that is written in it. For then you will make your way prosperous, and then you will have good success.

91
Q

Matthew 22:36-40

A

Teacher, which is the great commandment in the Law? And he said to him, “You shall love the Lord your God with all your heart and will all your should and with all your mind” This is the great and first commandment. And a second is like it: You shall love your neighbor as yourself on these two commandments depend all the Law and the Prophets

92
Q

Proverb 27:19

A

As in water face reflects face, so the heart of man reflects the man.

93
Q

Washington V. Heller (2008)

A

1) Is the prohibition against firearms legal under the 2nd amendment?
2) Heller (an officer) wanted a gun
3) law said no, Heller challenged as unconstitutional.
4) The Court held that the District’s “ban on handgun possession in the home violated the Second Amendment as does its prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense”

94
Q

People v. Maness (2000)

A

1) defendant was charged with permitting the sexual abuse of a child (Wrongs to Children Act of 1992)
2) Mom of 13 yr old allowed sexual intercourse with 17 yr. old
3) claimed that statute was too vague and failed to define “reasonable steps”
4) Court overturned decision and said it was too vague.

95
Q

Furman v. Georgia (1972)

A

1) Judges analyzed constitutional issues raised by capital punishment
2) 5-4 decision. each justice wrote their own opinion. Majority said it was cruel and unusual punishment
3) Courts have made rulings and capital punishment is still used today

96
Q

Schenk v. United States

A

1) Justice Holmes expressed the clear and present danger test in this case.
2) Free speech does not apply to certain aspects such as a man shouting fire falsely or during times of war

97
Q

Keeler v. Superior Court

A

1) Defendant was charged with murder of unborn child
2) tried to “stomp it out” of ex wife
3) Because of definition of murder, man was exonerated
4) California later redefined human being in the Code section to include Fetus

98
Q

Hatch v. Superior Court

A

1) charged with using internet to seduce minor with harmful content
2) Undercover cop was sending inappropriate things to catch the guy.
3) Defendant argued violation of 1st amendment rights
4) Court stated that the stature is directed more toward an activity or conduct than communication

99
Q

People v. Kraft (1985)

A

1) defendant forced victim’s car off road when she tried to pass.
2) later she saw him and tried to speak to him at a stop light, he shot, she called the police, they found him, he shot at them.
3) Trial court said he could be found guilty of attempted murder because of mens rea and actus rea
4) later overturned on the fact that mens rea must be the mental state of intent to commit murder.

100
Q

People v. Ordnoff

A

1) defendant was con man planning to steal money
2) Bailed on stealing and drove away while the target was in bank
3) Charged later with attempted grand theft but court held that he did not go far enough for attempt. It did not go beyond preparation

101
Q

Regina v. Eagleton (1855)

A

1) Man was on welfare and tried to turn in ticket for money
2) charged with attempt
3) Argued he did not get the money yet so he wasn’t guilty
4) Courts said that he was because there were no more actions left to do

102
Q

Rex v. Scofield (1784)

A

1) First place crime of attempt was recognized
2) Defendant was charged with placing a lighted candle and combustible material in a rental house with intent to set on fire.
3) Courts found that completion of criminal act was not necessary to constitute criminality

103
Q

People of the State of New York v. Decina (1956)

A

1) defendant had epilepsy and killed 4 children when car went out of control during seizure.
2) He was convicted of criminal negligence because he knew of seizures and did not take precautions
3) Driving the car under these circumstances constituted actus reus despite it being involuntary

104
Q

Weems v. United States (1910)

A

1) Court found implicit in concept of cruel and unusual punishment the principle of proportionality

105
Q

City of Chicago v. Morales (1999)

A

1) Chicago enacted ordinance to criminalize loitering.
2) many individuals were given dispersal orders or arrested
3) Court of Appeals held as unconstitutional because it violated the 1st amendment and was vague

106
Q

Riley v. State (2002)

A

1) two young men opened fire into a crowd. Some people were injured
2) The bullets could not be matched to gun so Riley was found guilty of assault charges and accomplice in wounding two victims
3) This was held because requirement intended to promote the offense could be found in conduct that was actus reus.

107
Q

People v. Stanciel (1992)

A

1) Mom was charged with accomplice to murder because boyfriend beat 3 yr. old to death and she failed to prevent the beating and did not protect her child for whom she had a legal duty to act.
2) Burgos had violated court order to keep him away from child yet she allowed him to discipline the child.

108
Q

United States v. Twigg (1978)

A

1) Henry Neville was convicted of conspiracy to manufacture methamphetmaines
2) Appeal Court reversed conviction due to police conduct who helped supply and aid Kubica.

Medications and Behavior (40 decks)

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