Criminal Law Midterm 1(Terms HO-1) - Yeager

Question 1

Action

Answer 1

All actions have intentions(knowing or planned), except when the action is involuntary (coercion/duress)

Question 2

non-action

Answer 2

Involuntary movements, when what someone had done was not really done (doing so unconsciously - Decina)

Question 3

Voluntary

Answer 3

willing; unforced

Question 4

Involuntary

Answer 4

not done of one’s own free will; automatic; unintentional; spontaneous

Question 5

Intentional

Answer 5

done on purpose; deliberate; planned

Question 6

Unintentional

Answer 6

Unforeseen Incidental, Accident

Question 7

Not intentional

Answer 7

Foreseen Incidental

Question 8

Reasonable

Answer 8

rational, logical, sensible

Question 9

Foreseeable

Answer 9

able to be predicted

Question 10

unforeseen

Answer 10

not anticipated or predicted

Question 11

Civil Negligence

Answer 11

Failure to do what a reasonable and prudent nurseI(contractual) would do and harm results

Question 12

Criminal/Culpable/Gross Negligence

Answer 12

Reckless

Question 13

Accident

Answer 13

An unexpected happening that may result in injury, loss, or damage.
EX: Aim at my donkey, but right before i pull the trigger, it moves and i end up shooting your donkey

Question 14

Recklessness

Answer 14

disregarding a substantial and unjustifiable risk that harm will result

Question 15

Omission

Answer 15

The act of leaving out or neglecting

Question 16

Bad Samaritan Law

Answer 16

1) Easy Rescue: No danger to bystander
2) Failure to Report a serious crime
Policy: The bystander can create a substantial social benefit at no personal cost
Case(Massachusetts): Big Dan’s bar created this (very hard to get convicted by this law)

(FL,HI,MA,OH,RI,SD,WA)

Question 17

Misprision of Felony

Answer 17

The concealment of a felony committed by another. A FORMAL existence, but not PRACTICAL existence

Question 18

Legal Duty to Act

Answer 18

1) Statute: Law
2) Contract: Lifeguard Duty
3) Special relationship: Marriage, Parents (only) to child
4) Voluntary assumption of care:
Case: Jones v. US

Question 19

Cross-Appeal

Answer 19

an appeal in which both the respondent and the petitioner file appeals

Question 20

Affirm

Answer 20

To declare that a court ruling is valid and must stand.

Question 21

Sustain

Answer 21

to support

Question 22

Plain Error

Answer 22

A kind of error that warrants relief by the reviewing court even if the appellant failed to preserve the claim on the record. The attorney failed to preserve the error. The judge and/or attorney should have known better. Obvious and serious that the outcome was affected. “Miscarriage of justice”

Question 23

Suspended Sentence

Answer 23

A prison term that is delayed while the defendant undergoes a period of community treatment. If the treatment is successful, the prison sentence is terminated.
(Flippo)

Two types:

1) Unconditional discharge of defendants penalties, but conviction remains on the public record
2) Conditional suspended sentences.

Question 24

Overrule

Answer 24

to reverse the ruling of a lower court

Question 25

Standard of Review

Answer 25

The amount of deference an appellate court gives to the determinations made by a lower court.

Question 26

Jury Nullification

Answer 26

a jury's refusal to render a verdict according to the law and fact regardless of the evidence presented

Question 27

Prosecutorial Discretion

Answer 27

The power of a prosecutor to decide whether to charge a defendant and what the charge(s) will be, as well as to gather the evidence necessary to prosecute the defendant in a court of law

Question 28

Sufficiency of the Evidence

Answer 28

the quantity of evidence; proper sample size

Question 29

Concur

Answer 29

to be of the same opinion; to agree with

Question 30

Double Jeopardy

Answer 30

the prosecution of a person twice for the same offense(limiting prosecutors opportunity to appeal and protecting D)

Question 31

Probably cause

Answer 31

Evidence strong enough to try the case, but not necessarily up to the proof beyond a reasonable doubt needed for conviction at trial

Question 32

Misdemeanor (NY law)

Answer 32

- Crimes punishable by a max of 1-year in municipal jail | - P makes probable cause determination and charges the defendant in a complaint

Question 33

Felony (NY Law)

Answer 33

- MIN of 1-year in state jail - Prosecuted by probable cause by a simple majority of a 23-person jury - If jury finds probable cause, then there is an indictment then jury

Question 34

Good Samaritan Law

Answer 34

Protects helpers from civil liability if they mess up the rescue

Question 35

Dependence on Professional Rescuers

Answer 35

Professional rescuers are NOT on the hook for failing(for getting) to rescue us -Have a general duty, NOT a specific duty (Broken promises can result in severe, but nonactionable harm to victims)

Question 36

Criminal Negligence

Answer 36

Someone acts in a way that is an extreme departure form the way that a "reasonable" person would have acted in the same or similar situation Flippo: If the failure to act was intentional, but W/O the intent/exception of death.

Question 37

Criminal Liability

Answer 37

Based upon a failure to act there must be a legal duty - not simply a moral duty Father Flippo: Voluntary assumption of care

Question 38

Mistake

Answer 38

reckless; I pull the trigger THINKING it is my donkey, but end up shooting your donkey

Question 39

Incidental

Answer 39

Anything out the plan ex: -I wa doing one thing and another thing happened -I meant to kick the door open but i kicked the person

Question 40

Foreseen incidental

Answer 40

Reckless outcome - The thing i thought might happen, did happen - The unhappy result was NOT intentional

Question 41

Unforeseen Incidental

Answer 41

This was an accident, it came out of nowwhere - the unhappy result was unintentional - Accidents are either: Negligent(inexcusable) or Nonnegligent(excusable)

Question 42

Credit/Debtor Scenario

Answer 42

Did the creditor mean to ruin the Debtor?-NO - He did not intent to - Not intentional Did the creditor know that collecting the debt would ruin the debtor? -YES Did it (collecting debt) come out of nowhere? -NO - Not an accident - Unintentional? NO THUS, the creditor knew of the risk of ruining the debtor and did it anyway, so he was reckless and the result was NOT intentional.