Chapter 4 powerpoint pt. 1 Flashcards Preview

Criminal Justice 130 Survey of Criminal Law > Chapter 4 powerpoint pt. 1 > Flashcards

Flashcards in Chapter 4 powerpoint pt. 1 Deck (32):
1

______ _____ is the criminal act (or failure to act) required for a crime to occur.

Actus reus

2

Actus reus + ____ ____= composition of crime

mens rea

3

______ _____ + mens rea= composition of crime

Actus reus

4

What are the three components of actus reus?

(1) a voluntary act
(2) that causes
(3) a social harm condemned under a criminal statute

5

For ______ ______, the act must be the actual cause of the harm.

result crimes

6

For result crimes, the act must be the ______ ______ of the harm.

actual cause

7

Criminal law punishes voluntary ____ and does not penalize ________.

acts
thoughts

8

_______ ____ punishes voluntary acts and does not penalize thoughts.

Criminal law

9

What type of acts are punished criminally?

Acts that create harm of potential for harm

10

True or False: There is a clear defined way to distinguish between criminal thoughts that reflect momentary angry and serious consideration of criminal conduct.

False; It is difficult to distinguish between criminal thoughts that reflect momentary anger, frustration, or fantasy, and thoughts involving the serious consideration of criminal conduct

11

True or False: Individuals who involuntarily engage in criminal conduct must still be deterred, incapacitated, or rehabilitated.

False; There is no need to deter, incapacitate, or rehabilitate individuals

12

Involuntary acts covered under the Model Penal Code include?

(1) A reflex or convulsion
(2) Bodily movement during unconsciousness or sleep
(3) Conduct during hypnosis resulting from hypnotic suggestion
(4) A bodily movement that otherwise is not a product of the effort or determination of the actor, either conscious or habitual

13

______ ______ _____ requires that the guilt of a defendant should be based on conduct that includes a voluntary act or omission.

Model Penal Code

14

Model Penal Code requires that the guilt of a defendant should be based on conduct that includes a _________ ____ or ________.

voluntary act
omission

15

The ______ ______ _____ avoids the difficulties involved in defining voluntary conduct and, instead, lists the type of conditions that are not voluntary.

Model Penal Code

16

What did the U.S. Supreme Court rule as laws that were unconstitutional in the fact that they punish a status?

(1) one such law would punish the status of being a drug addict
(2) such a law would be cruel and unusual
(3) such laws would violate the 8th and 14th Amendments to the Constitution

17

What happened in the Robinson v. California case?

Robinson v. California established that it is unjust to convict the defendant based on his status as a narcotic addict.

18

What happened in the Powell v. Texas case?

defendant was found guilty not because of Powell’s status as a homeless person, but for his voluntary public behavior

19

What happened in the People v. Kellogg case?

A homeless man was charged with public drunkenness.Kellogg says he was discriminated due to his homeless status, but this is refuted by the fact Kellogg could have chosen to drink at that time/place.

20

An omission is a failure to ____ or a “_______ ____”.

act
negative act

21

An ________ is a failure to act or a “negative act”.

omission

22

True or False: Without a special responsibility, individuals do not have a legal obligation to assist bystanders

True

23

To be convicted of a crime of omission, the prosecution must do what?

(1) show that the defendant possessed knowledge of the peril
(2) failed to act
(3) their failure caused the harm.

24

What are Good Samaritan Laws?

-citizens are required to provide reasonable medical assistance to one in need
-such citizens are kept safe from civil liability, assuming that they did not act in a grossly negligent manner

25

Why is there no legal duty to act in the United States?

(1) Individuals intervening may be placed in jeopardy
(2) Bystanders may misperceive a situation, unnecessarily interfere, and create needless complications
(3) Individuals may lack the physical capacity and expertise to subdue an assailant or to rescue a hostage and place themselves in danger
(4) The circumstances under which individuals should intervene and the acts required to satisfy the obligation to assist another would be difficult to clearly define
(5) Criminal prosecutions for a failure to intervene would burden the criminal justice system
(6) Individuals in a capitalist society are responsible for their own welfare and should not expect assistance from others
(7) Most people will assist others out of a sense of moral responsibility, and there is no need for the law to require intervention

26

What factors lead to an omission of a duty?

(1) failure to act
(2) status, statute, contract, assume a duty, peril, control, landowner
(3) knowledge that the victim in peril
(4) criminal intent
(5) possession of the capacity to perform the act
(6) wouldn't be placed in danger

27

True or False: Basic rule in the United States is that an individual is not legally required to assist a person who is in peril.

True

28

The principle of not being legally required to assist a person in peril in the U.S. was established by the _______ v. _________ case

People v. Beardsley

29

The People v. Beardsley occurred what year?

1907

30

This so-called _________ _________ rule contrasts with the European bystander rule common in Europe that obligates individuals to intervene.

American bystander

31

This so-called American bystander rule contrasts with the __________ __________ rule common in Europe that obligates individuals to intervene.

European bystander

32

The duty to intervene what are the relationships/responisbilities?

(1) Status between two people (parents, spouse)
(2) Duty to intervene
(3) Contractual obligation (babysitter)
(4) Assumption of duty
(5) Creator of peril
(6) Direct duty of care (employees, military)
(7) On the land of a property owner