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)
4 types of criminal intent in the hierarchy posed by the Model Penal Code
- purposely
- knowingly
- recklessly
- negligently
Statutory rape and sale of alcohol to a minor are examples of (1), where one is held criminally responsible irrespective of intent.
- strict-liability offenses
In addition to actus reus and mens rea, the concept of (1), or (2), sometimes comes into play.
- causation
2. proximate cause
Historically in common law, parties to crimes were classified as (1) or (2) and by the (3) of involvement. There was also a difference between accessories (4) and (5). Because (6) were far less serious, there was no need to distinguish between parties.
- principals
- accessories
- degree
- before the fact
- after the fact
- misdemeanors
The trend in American law has been to abolish distinguishing between (1) and (2), though the separate offense of (3) still remains in many jurisdictions, and it receives a less severe punishment. The gist of this charge lies essentially in (4) and (5).
- principals
- accessories
- accessory after the fact
- knowing the defendant committed a felony
- obstructing justice
3 types of inchoate, or incomplete offenses
- attempt (goes beyond mere preparation)
- solicitation (of another to commit a crime)
- conspiracy
2 parts to determining an attempt
- intent to engage in criminal conduct (of target crime)
2. a substantial step toward completion
Solicitation must be of a (1) other than (2). A person can be found guilty of solicitation even if (3). The fact that the person solicited cannot commit the crime is (4). However, a (5) could hold up.
- federal crime
- first-degree murder
- the crime is never committed
- not a good defense
- quick, voluntary renunciation
With regard to conspiracy, some jurisdictions only require an (1) and an (2), but some (including federal law) require an (3). Conspiracy does not (4) into the target offense–it is separate (unlike attempt).
- agreement
- intent
- overt action
- merge
(1) holds that two people cannot conspire to commit crimes such as bigamy or incest because those crimes only affect the two people–not the public
- Wharton’s Rule
Some states recognize (1) as a defense to conspiracy, but courts often require the defendant to also have attempted to (2) the action.
- withdrawal
2. thwart (report to authorities, etc.)
5 basic categories of offenses against persons
- assaultive offenses
- homicide
- Rape/Sexual battery
- False imprisonment and kidnapping
- abusive offenses
Simple assault is a (1); aggravated assault (with a weapon) is a (2).
- misdemeanor
2. felony
6 types of assaultive offenses
- assault (attempt to inflict harm)
- aggravated assault (+ weapon)
- battery (use of force against someone)
- aggravated battery (+ weapon)
- mayhem (severing limbs/eyes to render less able to fight)
- stalking (harassment + credible threat)
Common law split homicide into (1) and (2), the latter of which did not contain malice. It also subdivided (3) in self-defense or command of the law, and (4) if committed through accident. In addition to two degrees of criminal homicide, some states proscribe an offense of lesser culpability known as (5_
- murder
- manslaughter
- justifiable homicide
- excusable homicide
- third-degree murder
At common law, manslaughter was known as (1) or (2). Manslaughter today frequently embraces responsibility for (3) as well as (4) where there is a legal duty to act. Often, there is a fine line between (5) and (6).
- voluntary
- involuntary
- omissions
- commissions
- second-degree murder
- manslaughter
(1) usually carries a lesser penalty than manslaughter. A charge of (2) instead requires evidence of negligence but not gross negligence or recklessness.
- Vehicular homicide
2. vehicular manslaughter
(1)–killing that occurs during commissions or attempted commission of another crime–has been incorporated into most criminal codes and usually outlines a list of (2) that can lead to the charge.
- Felony murder
2. specific felonies
3 examples of excusable homicide
- accident, absent recklessness or intent
- heat of passion, absent a weapon or cruel/unusual manner
- vehicular accident, absent negligence
In contrast to excusable homicide, justifiable homicide includes (1).
- intent to kill
3 pieces of required proof for homicide
- victim was alive before homicide
- victim was killed by a criminal act (corpus delicti)
- victim’s death was proximate cause of the defendant
2 changes from common law on current homicide laws
- 366-day rule from act to death has been done away with
2. Death = “brain death” not cessation of heartbeat
The Supreme Court has upheld a statute making it a crime to assist another in (1), separating it from the right to (2). It is effectively up to the (3) to govern this assisted suicide.
- committing suicide
- refuse medical treatment
- states
In common law, (1) found that a husband could not be found guilty of raping his wife. Though age requirements changed over time, the idea of (2) was hard to nail down, analyzing the degree of (3) and the victim’s (4).
- Hale’s Rule
- consent
- resistance
- reputation
The 1970s saw the changing of rape to a (1), and the 1990’s saw a shift away from (2). (3) are also a reform and prevent a victim’s sexual past from being displayed as evidence; even relationship with the perpetrator must be first presented to the court (4) to determine probative value. (5), used as evidence to show lack of consent, has not been consistently considered admissible.
- gender-neutral offense
- Hale’s Rule
- Rape shield laws
- in camera
- Rape trauma syndrome
Failure to comply with (1), the sex-offender registry, is a criminal offense. The most common defense to rape charges is (2); but this is not applicable at all in (3), which is a strict-liability offense.
- Megan’s Law
- consent
- statutory rape
(1) is a rare charge and consists of confining someone against their will, and requires proof of (2). (3)–taking someone away without consent–also usually requires this. Some states distinguish between (4) and (5), while others classify it according to degree.
- false imprisonment
- intent
- kidnapping
- simple kidnapping
- kidnapping for ransom
Kidnapping cases often end up in federal court because if they exceed (1) hours, the person is assumed to have been taken (2). The Uniform Child-Custody Jurisdiction and Enforcement Act, and Parental Kidnapping Prevention Act, address the problem of (3). (4) is the taking into custody of a child by one parent from another.
- 24 hours
- across state lines
- interstate child abduction
- child snatching
3 defenses against kidnapping
- consent
- not sufficient movement (to get reduced to false imprisonment)
- officer, jailer, teacher
(1) cases often fit within assault or battery, but laws have been enacted especially for (2), (3) and (4).`
- abuse
- child abuse
- spousal abuse
- abuse of elderly
The common law offense of taking another’s property was (1), which consisted of (2) someone else’s property with intent to (3). Two statutory offenses stemming from larceny were (4) and (5).
- larceny (trespass)
- taking away (caption and asportation)
- permanently deprive the other person
- false pretenses
- embezzlement
Today, “theft” is proscribed more generally and the seriousness is based on (1) or (2). (3) also sometimes come into play when classifying degree of theft. Another part of theft that has narrow subdivisions is (4).
- value of the goods stolen
- type of goods stolen (firearms, will)
- local economic interests (livestock, building materials)
- computer crime
At common law, (1) was larceny plus force or placing the person in fear, making it both a (2) and a (3). (4) and (5) factor into degree of this crime. The Supreme Court has rejected the notion of (6).
- robbery
- property crime
- crime against the person
- extent of force used
- vulnerability of the victim
- “conditional intent”–intent to hurt the victim only if he does not comply
A branch-off of robbery in many statutes is (1)–taking a motor vehicle by force.
- carjacking
In contrast to common law, (1) and (2)–which requires an intent to defraud–is now a felony.
- forgery
2. utterance of a forgery (passing)
(1), in modern day, are usually misdemeanors and prosecution can be avoided by making prompt restitution. This is in contrast to (2), which is prosecuted as larceny or theft.
- worthless-check statutes
2. credit card fraud
(1) involves pretending to be another person, by using a (2) or other identifying information, to acquire credit lines or make large purchases. Use of (3) by (4) to secure employment has been ruled exempt from identity theft prosecution because thieves have to know they are actually stealing someone’s identity.
- Identity theft
- social security number
- randomly-selected social security numbers
- illegal immigrants
2 types of habitation offenses
- burglary
2. arson
4 parts of burglary by common law standards
- breaking and entering
- dwelling
- during nighttime (has been revoked by statutes)
- intent to commit a felony
2 things that can make a burglary more serious
- done to a home
2. used burglar’s tools
4 ways arson statutes have modernized
- includes more than just dwellings (cars, structures)
- includes explosives
- includes smoke damage
- includes burning property to defraud insurance company
(1) is a misdemeanor often identified as vandalism and punishment is related to (2). (3) is basically blackmail.
- Malicious mischief
- value of property injured/destroyed
- blackmail
6 common types of white-collar crimes (done in course of occupation)
- tax evasion
- embezzlement
- various forms of fraud
- environmental crime
- violation of food and drugs acts
- obstruction of justice
Sometimes (1) are also categorized as white-collar crimes.
- civil rights violations
6 crimes uniquely referred to as white-collar
- antitrust violations
- bid rigging
- price fixing
- money laundering
- insider trading
- tax fraud
(1) is often seen in an attempt to gain political influence through graft and corruption. It includes prostitution and gambling but found its roots in (2). RICO seeks to stop (3) efforts, which extort money from businesses in exchange for protecting them from vandalism and theft.
- Organized crime
- distribution of alcohol during Prohibition
- racketeering
4 most common vice crimes
- prostitution
- obscenity
- gambling
- drug/alcohol offenses
The (1) prevented transportation of females across state lines for “immoral purposes.”
- Mann Act
At common law, obscene language/exhibitions were considered a (1) and punishable as (2). Mass communications in the 50s brought obscenity to the forefront, but it was (3). This was changed in the cases (4) and (5).
- private nuisance
- misdemeanors
- poorly defined
- Roth v. United States
- Miller v. California
3 guidelines for a jury determining obscenity
- whether “average person” would consider it prurient
- whether works depicts/describes sexual conduct defined by state law in a patently offensive way
- whether it lacks serious literary, artistic, political or scientific value
In New York v. Ferber, the SC unanimously held that (1), like obscenity, is unprotected by the first Amendment. It also refined the “social value” part of the obscenity test to being gauged by a (2).
- child pornography
2. reasonable person
(1) was not an offense in common law. It was outlawed widely in the new states but the trend has been toward legalizing it.
- Gambling
3 elements of gambling
- consideration
- prize
- chance
5 exceptions to gambling laws
- retail promotions
- charitable, non-profit, veteran’s organization bingo games
- lotteries to supplement tax revenues
- Casinos on NA tribal land
- Internet gambling (pre-Unlawful Internet Gambling Act)
Betting on (1) is illegal but difficult to enforce due to its private nature.
- sports games
3 defenses to gambling charges
- thought it was permitted (bingo laws)
- search/seizure rights
- entrapment
Common law had little to say about (1); illegalization is largely based on statutes
- drug and alcohol offenses
The (1) establishes schedules classifying drug offenses based on regulation, which uses likelihood of abuse and medicinal value as standards. Although most narcotics offenses are (2), states commonly consider possession of a small amount of marijuana to be a (3). Efforts to legalize marijuana have largely been accomplished by (4). Congress passed an act that lured states to (5) in exchange for (6).
- Federal Controlled Substance Act
- felonies
- misdemeanors
- ballot initiatives
- lower the blood alcohol level of legal intoxication
- lucrative federal grants
3 alcohol-related offenses
- Driving While Intoxicated (DWI)
- Driving Under Influence (DUI) (also drugs)
- Driving with Unlawful Blood Alcohol Level (DUBAL)
5 common types of public order and safety laws
- unlawful assembly, riot, disorderly conduct
- vagrancy, loitering, panhandling
- curfews
- motor vehicle violations
- weapons offenses
With public assembly laws, courts must balance (1) with (2).
- public safety
2. First Amendment rights
Vagrancy and loitering laws are typically (1) and struck down under (2) and (3) protections. (4) has fared better in court.
- vague
- Due process
- First Amendment
- “aggressive panhandling”
Most curfew laws prohibit (1) from being out between (2), and make exceptions for things like school and emergencies.
- juveniles
2. midnight to 6am
Motor vehicle violations are (1) offenses and are fairly (2) due to model codes adopted in the 70s and 80s.
- strict-liability
2. uniform
Despite 2nd Amendment protections, many states have laws that prohibit (1). The Federal Gun Control Act of 1968 governs the (2) of firearms. The Supreme Court has upheld federal law prohibiting some (3). In a DC decision and in McDonald v. City of Chicago, bans on (4) were struck down.
- carrying a concealed weapon without a permit
- distribution
- types (machine guns)
- possession of handguns
8 offenses against the administration of justice
- bribery
- perjury
- subornation of perjury
- obstruction of justice
- resisting arrest
- compounding a crime (accepting bribery not to prosecute)
- escape (custody)
- contempt of court (civil or criminal)
Environmental common law was limited to (1) like fish, game and wildlife. The federal law has long recognized laws against (2). Offenses relating to (3) cropped up during the industrial revolution. (4) and (5) issues are more modern.
- preservation of resources
- poaching
- public health
- zoning
- pollution
Environmental offenses, which are (1), are often (2). They usually pertain to neglecting to comply with (3).
- mala prohibita
- strict-liability
- required standards
Members of military enjoy (1) but some rights are restricted. The (2) delineates offenses such as desertion and absence without leave (AWOL.
- constitutional
2. Uniform Code of Military Justice
Two types of negative defenses against criminal prosecution
- denial
2. alibi
6 types of affirmative defenses against criminal prosecution
- lack of capacity
- excuse/justification
- justification of use of force
- reliance on statutory/constitutional rights
- statutes of limitations
- improper government conduct
4 types of defenses related to capacity to commit a crime
- infancy
- intoxication
- insanity
- automatism
Under common law anyone under (1) was incapable of forming criminal intent, between ages (2) the presumption of incapacity was rebuttable, and anyone over that was tried as an adult. In modern law, (3) are tailored for those under 18, but some juveniles can be tried as adults for (4).
- seven
- 7-14
- juvenile courts
- certain offenses
Courts differ in their application of (1) to intent to form crimes, but (2), which is rare, almost always excuses criminals of their actions.
- voluntary intoxication
2. involuntary intoxication
The concept of mental responsibility, related to insanity, has its roots in common law’s (1). The old test was the (2), which provided for a “defect of reason” due to disease that made the person unable to distinguish right from wrong. The new standards is the (3), provided by the ALI.
- mens rea
- M’Naghten Rule
- substantial capacity test
- “rich person’s defense”
After Reagan was shot by Hinckley and invoke the substantial capacity test, the (1) reverted back to the M’Naghten Rule and established proof that is (2)–intermediate between preponderance of evidence and beyond a reasonable doubt. Psychiatric evidence may negate (3) in offenses that include intent. The (4) has not settled the issue of insanity, and states vary on its application, and their refusal to hear appeals indicates the (5) does not require states allow defendants to enter an insanity plea.
- Insanity Defense Reform Act of 1984
- clear and convincing
- specific intent
- Supreme Court
- Constitution
4 most common vice crimes
- prostitution
- obscenity
- gambling
- drug/alcohol offenses
The (1) prevented transportation of females across state lines for “immoral purposes.”
- Mann Act
At common law, obscene language/exhibitions were considered a (1) and punishable as (2). Mass communications in the 50s brought obscenity to the forefront, but it was (3). This was changed in the cases (4) and (5).
- private nuisance
- misdemeanors
- poorly defined
- Roth v. United States
- Miller v. California
3 guidelines for a jury determining obscenity
- whether “average person” would consider it prurient
- whether works depicts/describes sexual conduct defined by state law in a patently offensive way
- whether it lacks serious literary, artistic, political or scientific value
In New York v. Ferber, the SC unanimously held that (1), like obscenity, is unprotected by the first Amendment. It also refined the “social value” part of the obscenity test to being gauged by a (2).
- child pornography
2. reasonable person
(1) was not an offense in common law. It was outlawed widely in the new states but the trend has been toward legalizing it.
- Gambling
3 elements of gambling
- consideration
- prize
- chance
5 exceptions to gambling laws
- retail promotions
- charitable, non-profit, veteran’s organization bingo games
- lotteries to supplement tax revenues
- Casinos on NA tribal land
- Internet gambling (pre-Unlawful Internet Gambling Act)
Betting on (1) is illegal but difficult to enforce due to its private nature.
- sports games
3 defenses to gambling charges
- thought it was permitted (bingo laws)
- search/seizure rights
- entrapment
Common law had little to say about (1); illegalization is largely based on statutes
- drug and alcohol offenses
The (1) establishes schedules classifying drug offenses based on regulation, which uses likelihood of abuse and medicinal value as standards. Although most narcotics offenses are (2), states commonly consider possession of a small amount of marijuana to be a (3). Efforts to legalize marijuana have largely been accomplished by (4). Congress passed an act that lured states to (5) in exchange for (6).
- Federal Controlled Substance Act
- felonies
- misdemeanors
- ballot initiatives
- lower the blood alcohol level of legal intoxication
- lucrative federal grants
3 alcohol-related offenses
- Driving While Intoxicated (DWI)
- Driving Under Influence (DUI) (also drugs)
- Driving with Unlawful Blood Alcohol Level (DUBAL)
Under most statutes of limitations, the period begins when a (1), not when it is (2). It ends when an (3), an (4), or an (5).
- crime is committed
- discovered
- arrest warrant is issued
- an indictment is returned
- information is filed
With public assembly laws, courts must balance (1) with (2).
- public safety
2. First Amendment rights
Vagrancy and loitering laws are typically (1) and struck down under (2) and (3) protections. (4) has fared better in court.
- vague
- Due process
- First Amendment
- “aggressive panhandling”
Most curfew laws prohibit (1) from being out between (2), and make exceptions for things like school and emergencies.
- juveniles
2. midnight to 6am
Motor vehicle violations are (1) offenses and are fairly (2) due to model codes adopted in the 70s and 80s.
- strict-liability
2. uniform
(1) such as black rage and PMS, when successful, do not have a chance to be (2), so they are slow to pick up steam in (3).
- Nontraditional defenses
- appealed
- precedence
8 offenses against the administration of justice
- bribery
- perjury
- subornation of perjury
- obstruction of justice
- resisting arrest
- compounding a crime (accepting bribery not to prosecute)
- escape (custody)
- contempt of court (civil or criminal)
Environmental common law was limited to (1) like fish, game and wildlife. The federal law has long recognized laws against (2). Offenses relating to (3) cropped up during the industrial revolution. (4) and (5) issues are more modern.
- preservation of resources
- poaching
- public health
- zoning
- pollution
Environmental offenses, which are (1), are often (2). They usually pertain to neglecting to comply with (3).
- mala prohibita
- strict-liability
- required standards
Members of military enjoy (1) but some rights are restricted. The (2) delineates offenses such as desertion and absence without leave (AWOL.
- constitutional
2. Uniform Code of Military Justice
Two types of negative defenses against criminal prosecution
- denial
2. alibi
5 types of affirmative defenses against criminal prosecution
- lack of capacity
- excuse/justification
- justification of use of force
- reliance on statutory/constitutional rights
- attack of government conduct
4 types of defenses related to capacity to commit a crime
- infancy
- intoxication
- insanity
- automatism
4 Supreme Court-ruled limitations on the death penalty
- not imposed for rape, even child rape
- not imposed for criminals under 18
- not imposed on those with mental retardation
- not imposed on those who became insane on death row until sanity restored
Courts differ in their application of (1) to intent to form crimes, but (2), which is rare, almost always excuses criminals of their actions.
- voluntary intoxication
2. involuntary intoxication
The concept of mental responsibility, related to insanity, has its roots in common law’s (1). The old test was the (2), which provided for a “defect of reason” due to disease that made the person unable to distinguish right from wrong. The new standards is the (3), provided by the ALI.
- mens rea
- M’Naghten Rule
- substantial capacity test
- “rich person’s defense”
After Reagan was shot by Hinckley and invoke the substantial capacity test, the (1) reverted back to the M’Naghten Rule and established proof that is (2)–intermediate between preponderance of evidence and beyond a reasonable doubt. Psychiatric evidence may negate (3) in offenses that include intent. The (4) has not settled the issue of insanity, and states vary on its application, and their refusal to hear appeals indicates the (5) does not require states allow defendants to enter an insanity plea.
- Insanity Defense Reform Act of 1984
- clear and convincing
- specific intent
- Supreme Court
- Constitution
(1)(sleepwalking) used to be considered an insanity defense, but now is considered its own separate defense of (2). Unlike insanity, this usually doesn’t result in follow-up consequences like (3)
- somnambulism
- automatism
- institutionalization
5 common excuse/justification defenses
- duress (coercion, threat of harm)
- necessity (e.g., breaking into a house to feed someone who is starving)
- consent (by someone legally competent)(sex, sports, surgery)
- mistake of law (misunderstanding a law, such as trust in divorce)
- mistake of fact (taking of wrong luggage, NOT statutory rape and other strict-liability offenses)
Necessity falls flat if there is a (1) to violating the law. It has also fallen flat in (2), such as in trespass on an abortion clinic.
- reasonable legal alternative
2. forceful assertion of personal/political beliefs
3 standards set out by Alaska Supreme Court in necessity defense
- act must have been done to prevent a significant evil.
- must have been no adequate alternative
- harm caused not disproportionate to the harm avoided
3 general standards to apply a justifiable use of deadly force
- person is in a place where he has a right to be
- person acts without fault
- person acts in reasonable fear or apprehension of death or great bodily harm
4 types of justification-of-force defenses
- Self-defense
- Defense of others (interveners)(no retaliatory force)
- Defense of habitation
- Defense of property
Courts differ on how much a person should have to (1) before using force for self-defense. Showing (2) can justify force in self-defense even where there was no immediate harm. This applies to (3) as well.
- retreat
- battered woman syndrome
- battered child syndrome
3 ways the castle doctrine can apply to deadly force (e.g., NOT mere trespass)
- threats have been made against occupants
- reasonable apprehension of harm
- occupant believes assailant intends to commit a felony
The defense of property defense has various degrees, some as relaxed as (1) which allow deadly force to protect property.
- “stand your ground” laws
3 types of immunity granted to someone compelled to give testimony, counter to Miranda Rights or 5th Amendment protections
- Use immunity (testimony cannot be used against)
- Transactional (cannot be prosecuted for activity mentioned in testimony)
- contractual (testimony in exchange for something else)
At the federal level, contractual immunity is granted by the (1) with the authority of the (2). At the state level, it is done at the authority of the (3)
- US Attorney
- Attorney General
- chief prosecuting officer
Exceptions to the double jeopardy rules
- retrial after appeal (unless appeal said insufficient evidence)
- after mistrial at defendant’s request
- In state and federal court
2 reasons for statutes of limitations (which are not provided for in the Constitution)
- accused should not be under threat of prosecution for a prolonged period of time
- proof becomes unavailable/not credible after a while
Under most statutes of limitations, the period begins when a (1), not when it is (2). It ends when an (3), an (4), or an (5).
- crime is committed
- discovered
- arrest warrant is issued
- an indictment is returned
- information is filed
Law enforcement officers may provide an (1) for a (2) person to commit a crime, but may not (3) crime by implanting the idea into innocent minds–this is called entrapment.
- opportunity
- predisposed
- “manufacture”
The (1) of entrapment determines whether the idea originated in the mind of the officer or criminal–most courts follow this; the (2) determines methods used by the officer. Under the subjective view, a jury determines (3). In the objective view, a judge determines (4) and predisposition is irrelevant. In some cases, if the methods are outrageous, this is said to be an infringement of (5).
- subjective test
- objective test
- predisposition of the defendant
- improper methods of the officer
- due process
Jacobson v. United States found law enforce officers guilty of entrapment when they bombarded the defendant with (1) for (2).
- solicitations
2. child pornography
3 examples of impermissible grounds upon which selective prosecution may not rest
- race
- religion
- exercise of free speech
(1) such as black rage and PMS, when successful, do not have a chance to be (2), so they are slow to pick up steam in (3).
- Nontraditional defenses
- appealed
- precedence
4 goals of the criminal justice system
- retribution
- deterrence
- rehabilitation
- incapacitation (direct prevention of further crime)
Retribution, while questioned as legitimate, is supported as (1) to replace (2). Other arguments focus on (3) and (4).
- legal vengeance
- vigilantism
- expiation of guilt
- proportionality of the crime to punishment
Two “holes” in deterrence’s presumption that potential offenders are rational calculators of cost and benefit
- crimes of passion do not apply at all
2. the likelihood of not getting caught factors in–punishments would have to be more severe to overcome this
(1) has made society much less sanguine about its ability to rehabilitate criminals.
- High recidivism (repeat offending)
Under English common law, misdemeanors were punished by (1) like flogging. Felonies were (2) punishable by death–for common people, torturous methods. Colonial America followed this model, but later, the (3) prohibited cruel and unusual punishment, which did not preclude death penalties. The (4)–place to do penance–came about in the 19th Century and gave rise to the idea of (5), Today (6) largely replaces the death penalty, which is also considerably less torturous.
- corporal punishment
- capital crimes
- Bill of Rights
- penitentiary
- rehabilitation
- incarceration
In Furman v. Georgia, the Supreme Court rules that juries had too much power in (1). This began a four-year (2) on capital punishment that ended when Georgia’s revised laws were upheld in (3). (4) and (5) still widely have death penalty laws in place.
- imposing death sentences
- moratorium
- Gregg v. Georgia
- States
- Congress
3 types of objections to the death penalty
- moral (legalized murder, barbaric)
- constitutional (cruel and unusual punishment)
- practical (no deterrent/rehab value)
4 Supreme Court-ruled limitations on the death penalty
- not imposed for rape, even child rape
- not imposed for criminals under 18
- not imposed on those with mental retardation
- not imposed on those who became insane on death row until sanity restored
4 goals of the criminal justice system
- retribution
- deterrence
- rehabilitation
- incapacitation (direct prevention of further crime)
Retribution, while questioned as legitimate, is supported as (1) to replace (2). Other arguments focus on (3) and (4).
- legal vengeance
- vigilantism
- expiation of guilt
- proportionality of the crime to punishment
Two “holes” in deterrence’s presumption that potential offenders are rational calculators of cost and benefit
- crimes of passion do not apply at all
2. the likelihood of not getting caught factors in–punishments would have to be more severe to overcome this
(1) has made society much less sanguine about its ability to rehabilitate criminals.
- High recidivism (repeat offending)
Under English common law, misdemeanors were punished by (1) like flogging. Felonies were (2) punishable by death–for common people, torturous methods. Colonial America followed this model, but later, the (3) prohibited cruel and unusual punishment, which did not preclude death penalties. The (4)–place to do penance–came about in the 19th Century and gave rise to the idea of (5), Today (6) largely replaces the death penalty, which is also considerably less torturous.
- corporal punishment
- capital crimes
- Bill of Rights
- penitentiary
- rehabilitation
- incarceration
In Furman v. Georgia, the Supreme Court rules that juries had too much power in (1). This began a four-year (2) on capital punishment that ended when Georgia’s revised laws were upheld in (3). (4) and (5) still widely have death penalty laws in place.
- imposing death sentences
- moratorium
- Gregg v. Georgia
- States
- Congress
3 types of objections to the death penalty
- moral (legalized murder, barbaric)
- constitutional (cruel and unusual punishment)
- practical (no deterrent/rehab value)
4 Supreme Court-ruled limitations on the death penalty
- not imposed for rape, even child rape
- not imposed for criminals under 18
- not imposed on those with mental retardation
- not imposed on those who became insane on death row until sanity restored
7 examples of rights extended to prisoners
- overcrowding
- care (medical, food, etc.)
- violence (beatings from officers)
- First Amendment rights (bibles, visits by clergy)
- access to courts
- access to counsel/legal materials
- communication with outside world (through mail, restrictable visitation)
For disciplining prisoners, (1) and (2) have been traded in for (3).
- corporal punishment
- extension of punitive isolation
- grant/removal of good-time credits
In some jurisdictions, (1) is available to those who can demonstrate willingness to conform to the requirements of the law. The (2) abolished this federally, and many states have followed suit.
- parole
2. Federal Sentencing Reform Act of 1984
4 alternatives to incarceration
- probation (under authority)(house arrest = more severe)
- boot camps (include drug rehab, work on public projects)
- community service
- restitution (paying fines)
Despite constitutional protection of the 8th Amendment, appellate courts rarely overturn (1), which are often used for (2). Related to this is (3) of proceeds or tools used in crime (cars, real estate).
- criminal fines
- economic crimes
- forfeiture
Lecture: Only the (1) can bring a criminal action, since it is considered a crime against (2). As a victim, you are not a (3) but can only be a (4). This can be abused, such as in the (5).
- government
- society as a whole
- party
- witness
- Fiesta Bowl Scandal
Lecture: Felonies are serious and punishable by imprisonment in a (1)/for more than (2). Felons are (3). Misdemeanors are punishable by (4) and are considered (5).
- penitentiary
- one year
- guests of the state
- less than one year
- guests of the county
Lecture: Sentencing takes awhile because things like (1), (2) and (3) have to be classified. (Does the person need (4)?)
- nature of the crime
- character of the person
- danger of the person (can be in open yard?)
- protective custody
Lecture: AZ has (1) classifications of misdemeanors and petty offenses. (2) plays into classification.
- three
2. intent
Lecture: Murder is a (1) and can be 1st degree or 2nd degree. It includes the (2) of a pregnant women, except in (3), and can include people killed in commission of (4).
- Class 1 Felony
- baby
- abortion cases
- other felonies (including if someone else does the killing, like a police officer shooting at suspect and missing)
Lecture: 1st degree is (1), (2) and (3). 2nd degree murder only requires (4) and (5).
- intentionally
- knowingly
- premeditatively
- intentionally
- knowingly
Lecture: Manslaughter is a (1) and is the (2) by a sudden (3). Also included in this charge is (4).
- Class 2 Felony
- reckless causation of death
- heat of passion
- aiding another in suicide
Lecture:Negligent Homicide is a (1) and requires causation of death through (2).
- Class 4 Felony
2. criminal negligence
Lecture:In homicide sentencing, judges have (1) which are ranges within which to sentence based on (2) and (3) factors. In some states the judge does not have a (4).
- presumptive sentences
- mitigating
- aggravating
- choice
Lecture: Misdemeanors of Class 3, 2 and 1 carry sentences of (1), (2) and (3) respectively. There is no classification for (4). There is such a thing as an (5).
`1. 30 days
- 4 months
- 6 months
- petty offenses
- aggravated misdemeanor (such as an aggravated assault)
Lecture:3 questions that play into mens rea
- defined states of mind (knowingly, intentionally, etc)
- What was the person doing before the crime and during? (demonstrates state of mind)
- specific intent must be proved
Lecture:(1) and (2) are examples of strict-liability cases–intent does not matter
- statutory rape
2. traffic offenses
Lecture:There are crimes of (1) and crimes of (2)
- commission
2. omission (not buying insurance under Obamacare)
Lecture:Assault is (1); battery is (2). Mayhem is (3) The crime of (4) has changed the idea that a crime cannot be charged until after something happens–this is something that would cause a reasonable person to fear for safety.
- putting someone in fear
- beating someone
- chopping someone up
- stalking
Lecture: (1) law is an example that law changes over time with technology. A Class 5 felony of voyeurism becomes Class 4 if the person is (2). (3) increase sentencing of sexual assault (plus consecutive terms). Children (4) shall be charged for certain crimes. Children (5) may be charged.
- voyeurism (cameras)
- recognizable
- date-rape drugs
- 15-17
- 14 and under
Lecture: (1) is the taking of property by force. (2) is entering someone else’s property with intent to commit a felony. (3) laws are often based on the amount of money on the person. (4) are rarely enforced except during riots.
- robbery
- burglary
- Vagrancy
- curfew laws
Lecture: The (1) rule must be pled immediately. This says that at the time of committing the crime the suspect was under such a (2) that he did not know the (3).
- M’Naghten Rule
- defect of mind
- nature of the act
Lecture: 6 examples of common defenses
- justification (using force when attacked)
- Affirmative defenses (including insanity plea)
- infancy (too young)
- entrapment
- duress (had no choice but to commit crime)
- consent (e.g., hit by a baseball at a game)
Lecture: In AZ, there is no statute of limitations for (1) or (2). A Class 2-6 felony carries (3). A misdemeanor carries (4) and a petty offense, (5). Statutes of limitations do not run when the person is (6).
- sexual assault (with gun or injury)
- murder
- 7 years
- 1 year or less
- 6 months
- absent from the state
