Criminal Procedure
The way criminal prosecutions are handled, governed by the federal or state rules
Crime
An activity that has been prohibited by the legislature as violating a duty owed to society and this is punishable
Model Penal Code
American Law Institutes proposal for uniform set of criminal laws, uniformity was never achieved
5th and 14th Amendment
Due process guarantees a notice and a hearing must be provided
Felony
Serious crime, usually prison sentence for 1 or more years
Misdemeanor
Minor crime, fine or under a year in prison
Homicide
One human killing another
1st Degree Murder
Premeditated murder, willingly
Actus Reus
The physical act of the crime
Mens Rea
The mental intent to do the crime
Robbery Vs Burglary
Robbery is taking personal
items with threat of injury.
Burglary is breaking into and entering a building with intent
Inchoate Crimes
Attempted crimes
Alibi Defense
Proof that defendant could not have been at the scene of the crime
Mistake as a defense
Assumption of fact rather than a criminal purpose
Excuse Defenses
Infancy: Under age 7
Insanity: Requires proof, locked psychiatric facility
Intoxicated
Why don’t attorneys typically use the insanity defense?
It only works 1% of the time
Double Jeopardy
Cannot be tried twice for the same crime (Except mistrial)
Void for Vagueness
Reasonable Person could not determine the meaning of the law
Retreat Exception
Castle Doctrine
Attempting to retreat before resorting to deadly force.
Reasonably deadly force to protect home from intruders
Duress
Gunpoint, threat of immediate injury
Necessity
Forced to take an action to avoid greater harm
Running from fire, swerving car out of way
Entrapment
Tricked or led into commuting the crime by a law enforcement representative
Automatism Defense
Lack of voluntariness, unconscious or excuse
Criminal Law
Law that deals with harm to society as a whole