Chapter 1: Sources and Limits of Crim Law Flashcards
(29 cards)
what are the 3 elements of a crime
Actus reus + mens rea + Causation
conduct which, if duly shown to have taken place, will incur a formal & solemn pronouncement of the moral condemnation of the community
crime
what are the 4 sources of criminal law
Constitution - state and federal
common law
Legislative - statutes
MPC
what is the standard for many defenses in the. pre-trial process
clear & convincing
what is the standard for prosecutors
BARD
what is the standard burden of proof
probable cause
From highest level to lowest, list the pre-trial standard
BARD
clear & convincing
Preponderance of the Evidence
Probably Cause
Reasonable Suspicion
what is reasonable suspicion
level of doubt that one can be detained at; stop and frisk happens here
Court doesn’t address PC unless…..
law enforcement makes an arrest on the spot
Starting at 1st step, what are the 7 steps of Pre-trial
report crime or LE observes crime
arrest - P.C.
Preliminary hearing
Information/Indictment
pretrial motions/discovery
plea bargaining
jury selection
what are the 4 steps after pre-trial
prosecutor makes opening statement & presents case in chief
defense makes opening statement
defense asks for directed verdict (again)
both sides give closing arguments
what is a directed verdict
ruling by a trial judge taking a case from the jury because the evidence will permit only one reasonable verdict
when should defense move for directed verdict
- after prosecution gives their opening statement and rests
- before defense gives the opening statement
- after the defense rests after giving relevant defenses and prosecution cross-examines
when does the trial begin to take place
@ jury selection
what is the model penal code (MPC)
criminal code drafted and proposed by ALI, adopted in 1962, and used as basis for criminal law reform by many states
(?) for the insanity defense, stating a person is not criminally responsible for an act if, as a result of mental disease or defect, person lacks SUBSTANTIAL capacity either to appreciate the criminality of the conduct or to conform the conduct to the law
MPC test
what is the 4th Amendment
protection from unreasonable search and seizure
can’t be arrested without PC
what is 8th Amendment
No person shall be subject to “cruel and unusual punishment”
federalism
each state is a sovereign authority, coexistence of state and federal govt’s with each state having their own constitution
separation of powers
judges generally believe they should defer to the wishes of the public, not the legislature, when determining constitutionality of criminal statutes. Results in party attacking the constitutionality of the statute to specifically prove the unconstitutionality
where can you find the Due Process Clause
14th Amendment
what is the Due Process Clause
prohibits states from denying citizens “equal protection of the laws”
what is the 6th Amendment
right to a speedy trial and public trial by an impartial jury
what is job of grand jury
determine charges
