Chapter 4 - Criminal Law - Concepts Flashcards
(189 cards)
Substantive criminal law defines (1) and establishes (2). Procedural criminal law regulates (3) of substantive law, (4) of guilt and (5) of those found guilty.
- crimes
- penalties
- enforcement
- determination
- punishment
The distinction between misdemeanors and felonies is the latter (1). Most felonies are considered (2) in that they are universally condemned by civilized societies. Misdemeanors are (3)–“victimless crimes” declared wrong by law because they are incompatible with the public good.
- carries a sentence of more than a year
- mala in se
- mala prohibita
(1) laws are subject to change as society changes–such as laws against adultery and sodomy.
- Mala prohibita
Because crime is considered an in injury against (1), it is the (2) that brings charges. (3) exists within the courts of criminal law, and prosecution depends on the type of law violated.
- society
- government
- Federalism
4 ways a victim, who typically plays a small role in a criminal prosecution, can play a larger role
- observe how the case is being handled
- complete a “Victim Impact Statement” to play into sentencing request
- restitution from probated defendants
- civil suits to require damages
The criminal law rests on the idea that individuals are (1) for their actions and must be (2) for them, but there are some exceptions such as (3) and (4).
- responsible
- held accountable
- small children
- factors beyond the individuals’ control
American criminal laws originate from (1) that was adopted by states through (2) and is now largely codified in (3). Codification was greatly aided by (4). Modern law retains many of the (5) offenses of English common law, but often go far beyond it in (6) offenses.
- English common law
- reception statutes
- criminal statutes
- Blackstone’s Commentaries
Modern law retains many of the (1) offenses of English common law, but often go far beyond it in (2) offenses. Cities and counties, when authorized to do so by (3) or (4), may enact (5) dealing with things like traffic offenses and animal control.
- mala in se
- mala prohibita
- state constitutions
- acts by state legislatures
- ordinances
Congress has adopted statutes (1), and may vest (2) with authority to adopt their own federal crimes.
- related to their constitutional legislative powers
2. federal regulatory agencies
The Model Penal Code was established by the (1) and establishes a model for criminal liability, sentences, defenses and definitions of specific crimes. It has been influential both in (2) and in (3).
- American Law Institute (ALI)
- drafting of criminal statutes
- judicial interpretation of criminal statutes/doctrines
3 ways trial courts play a role in development of law
- make factual determinations
- apply settled law to established facts
- impose sanctions
It is the job of appellate courts to develop law by interpreting (1) and (2), which often use majestic or common-law phrases. Appellate courts usually apply the doctrine of (3) for this process, but may have to rule on cases with no (4) or even (5). As such, they play a lawmaking function as well as one of error correction.
- constitutions
- statutes
- stare decisis
- precedent
- overturn precedent
The only law defined in the Constitution is (1). (2) and (3) are examples of Constitutional limitations on criminal law.
- treason
- bills of attainder
- ex post facto
In (1), the SC held it unconstitutional to punish public avocation of violence as a means of political change, unless the speech sought to or would likely produce imminent lawless action.
Brandenburg v. Ohio
In (1), the SC held that requiring Amish to attend school beyond 8th grade, against their religion, was a violation of the Free Exercise Clause of the First Amendment.
- Wisconsin v. Yoder
In (1), the SC upheld a flag-burning as a protected right under the First Amendment.
- Texas v. Johnson
In (1) and (2), the SC declared a statute unconstitutional that required censorship of “indecent” material on the Internet that may become available to minors or harm minors
- Reno v. American Civil Liberties Union
2. Ashcroft v. American Civil Liberties Union
In (1) the SC upheld free speech rights of the Westboro Baptist Church protesting 1,000 feet away from soldiers’ funeral.
- Snyder v. Phelps
(1) is an example of a statute trumping free speech, when burning crosses to intimidate a person or group.
- Virginia v. Black
Due process requires, among other things, that criminal statutes be written in a way that a person of (1) has a (2) to know what is prohibited. When legislature fail to meet his obligation, they have succumbed to (3).
- ordinary intelligence
- reasonable opportunity
- vice of vagueness
In (1) it was ruled that statutes could not ban homosexual acts or any private, consensual sexual activity by adults.
Lawrence v. Texas
Though court cannot prevent legislatures from (1), they can enjoin (2) of those laws or (3) of those prosecuted under the laws.
- enacting unconstitutional criminal laws
- enforcement
- reverse conviction
2 necessary elements of a crime
- wrongful act or omission of a duty to act (actus reus)
2. criminal intent (mens rea)
Criminal intent can be (1) or (2).
- general (setting fire to a building)
2. specific (defrauding an insurer)