Justification of Punishment Flashcards
(120 cards)
1
Q
What is the justification of punishment?
A
Punishment is justified based on retributive and utilitarian theories
2
Q
What are the two primary theories of punishment?
A
- Retributive: punishment is justified because people deserve it
- Utilitarian: punishment serves a useful purpose in society
3
Q
What are the six theories of punishment?
A
- Retribution
- Rehabilitation
- Restraint
- General Deterrence
- Specific Deterrence
- Public Education
4
Q
What does the principle of proportionality imply in punishment?
A
There should be a proportional relationship between the crime and the punishment
5
Q
What are the key principles that limit the imposition of punishment?
A
- Legality
- Culpability
- Proportionality
6
Q
What are some examples of criminal sanctions?
A
- Fine
- Probation
- Incarceration
- Death
7
Q
What is actus reus?
A
The ‘GUILTY’ act, which is a voluntary, conscious act or omission by the defendant
8
Q
What is mens rea?
A
The mental element or state of mind of the defendant while committing a crime
9
Q
What is required for a crime to exist?
A
Actus Reus + Mens Rea + Concurrence in time
10
Q
What must a person do for actus reus to be established?
A
Act voluntarily and consciously
11
Q
In which case was it determined that unconscious actions do not establish actus reus?
A
People v. Newton
12
Q
What constitutes a breach of legal duty in terms of omission?
A
- Relevant statute imposes duty
- Status relationship
- Contractual relationship
- Voluntarily assumed care
13
Q
What is a key distinction between general and specific intent crimes?
A
General intent crimes require only the intent to commit the act, while specific intent crimes require an additional purpose
14
Q
What does the term ‘strict liability’ refer to?
A
Crimes that do not require a mens rea for conviction; liability is based solely on actus reus
15
Q
What is the harm principle in criminal law?
A
An act should not be a crime if it is not harmful or dangerous and does not further a legitimate state interest
16
Q
What is the significance of the case Regina v. Dudley and Stephens?
A
It established that killing an innocent person cannot be justified by necessity
17
Q
What are the categories of culpability in mens rea?
A
- Purposely
- Knowingly
- Recklessly
- Negligently
18
Q
What does the term ‘voluntariness’ mean in the context of actus reus?
A
A person must act voluntarily for there to be actus reus
19
Q
What is the holding in Martin v. State regarding actus reus?
A
Defendant did not have actus reus as he did not voluntarily arrive on the highway
20
Q
What does ‘willful ignorance’ imply in mens rea?
A
Choosing not to know something can be treated as knowledge
21
Q
What is the difference between tort and criminal law?
A
- Tort: remedies are money/damages
- Criminal: remedies involve incarceration
22
Q
Fill in the blank: A mistake of fact is a mistake about something that is _______.
A
[physically unambiguously observable]
23
Q
True or False: Ignorance of the law is typically a valid defense.
A
False
24
Q
What is the holding in Lambert v. California regarding mistakes of law?
A
Mistake of law was a good defense in a crime of omission scenario
25
What does 'mala in se' refer to?
Crimes that are inherently bad and outlawed because of their nature
26
What must be proven for a mistake of legal status to be a valid defense?
It must negate the existence of the mental state required for the crime charged
27
What is the legal significance of the case Regina v. Smith?
Defendant's honest but mistaken belief about property ownership was a valid defense
28
What is Strict Liability?
Defendant can be strictly liable if they commit a crime with the requisite Actus Reus, regardless of their Mens Rea.
29
What are Malum Prohibitum crimes?
Crimes that are bad because they are outlawed.
30
What are Mala in se crimes?
Crimes that are outlawed because they are bad in and of themselves.
31
What factors are considered to determine if a crime might be strict liability?
* Statute language
* Legislative history
* Penalty severity
* Category of crime
32
What is the significance of the statute language regarding Mens Rea in determining strict liability?
If a statute mentions Mens Rea, it is not strict liability.
33
What is the holding in Morrissette v. United States?
Defendant was not strictly liable because he honestly believed the casings were abandoned property.
34
In Sweet v. Parsley, what was the court's conclusion regarding strict liability?
Defendant was not strictly liable as she was in no way to blame.
35
What was the court's decision in State v. Baker regarding speeding?
Speeding is a strict liability crime.
36
What must occur concurrently for a crime to be constitutional under the Proportionality and Legality principle?
Mens Rea and Actus Reus.
37
What does the ex post facto clause of the Constitution state?
Defendant may be punished under a law that wasn’t in effect when the act was committed.
38
What are the requirements for a law to be constitutional under the 5th/14th Amendments?
* Give fair notice of conduct forbidden by law
* Not give unfettered discretion to police
39
What was the outcome of Papachristou v. City of Jacksonville?
The vagrancy law was found unconstitutional for being overbroad and unduly vague.
40
What does the 8th Amendment state about punishments?
Cruel and unusual punishments shall not be inflicted.
41
What is First Degree Murder characterized by?
Premeditation and Deliberation.
42
What is the Planning, Motive, Manner Test for First Degree Murder?
* Strong evidence of planning activity
* Motive with either planning or manner
* Manner of killing was intentional
43
What was the holding in Commonwealth v. Carroll?
Defendant had specific intent to kill based on words, conduct, and weapon use.
44
What defines Second Degree Murder?
Intentional killing without premeditation and deliberation.
45
What are the four ways to establish Second Degree Murder?
* Intent to Kill
* Intent to Injure
* Recklessness Plus
* Perpetration of an inherently dangerous felony
46
What is Voluntary Manslaughter?
Intentional homicide under circumstances that mitigate but do not justify the killing.
47
What are the requirements for Voluntary Manslaughter?
* Adequate provocation
* Killing committed in sudden heat of passion
* Causal connection between provocation and killing
48
What is the significance of words alone in provocation cases?
Words alone are not sufficient to constitute adequate provocation.
49
What is the Mens Rea for Involuntary Manslaughter?
Conscious disregard of a substantial and unjustifiable risk leading to death.
50
What is the Felony-Murder Rule?
A person committed murder if an act likely to cause death occurs while committing a felony.
51
What must be proven to trigger the Felony-Murder Rule?
* The death must be proximately caused by the felony
* The felony must be inherently dangerous to life
52
What does Attempt require?
* Specific intent to commit the target crime
* An overt act in furtherance of it beyond mere preparation
53
What are the three approaches to penalizing Attempt?
* Max punishment as a fraction of target crime’s total punishment
* Max punishment should be less than completed crime
* Max punishment could be the same as completed crime
54
What is specific intent in the context of attempt?
Result of the attempt, if achieved, must be a crime
55
Can a defendant be convicted of both attempting a target crime and committing the crime itself?
NO
56
What must an attempt be in the realm of?
Perpetration, not preparation
57
What are the three approaches to penalizing attempt?
* Max punishment for attempt should be a fraction of target crime’s total punishment
* Max punishment for attempt should be X years less than completed crime
* Max punishment for attempt should be the same as the completed crime (except the death penalty)
58
What is the Dangerous Proximity Test?
Only acts that constitute attempt are those so near to the accomplishment of a crime that in all probability the crime itself would’ve been committed, but for timely interference
59
What does the Substantial Steps Test require?
Defendant must have engaged in conduct constituting a substantial step toward the commission of a crime
60
What must an act qualify as to be considered a substantial step?
Strong corroboration of the actor’s criminal purpose
61
What does equivocalness of a defendant's acts imply?
If defendant's acts are equivocal, may not find attempt
62
What is locus poenitentiae?
Opportunity remaining to desist
63
What happens if opportunity to desist remains?
Less likely to find attempt
64
What is the likelihood of crime being committed in relation to attempt?
More likely defendant's acts will result in commission of crime, more likely to find attempt
65
What does the extent of defendants' criminal intent indicate?
More clearly defendant's criminal intent has been manifested, more likely to find attempt
66
In People v. Rizzo, what was the court's holding regarding attempt?
Defendants cannot be convicted of an attempt if they haven’t committed an act tending to the commission of the crime
67
In United States v. Jackson, what was the court's decision on whether the defendants' conduct crossed from mere preparation to actual attempt?
YES
68
In State v. Davis, did the court find that arranging a plan constituted a substantial enough step for attempted murder?
NO
69
What does mens rea of attempt refer to?
A person acts purposely when they have the conscious object to cause such a result
70
In Smallwood v. State, why was the defendant not found guilty of attempted murder?
Defendant only intended to assault, not to kill
71
In McQuirter v. State, what considerations were allowed for determining intent?
Facts and circumstances with considerations of social conditions and customs
72
What is required for a successful defense of abandonment?
* Voluntary change of heart, not just a change of mind
* Complete renunciation of criminal purpose
73
What is legal impossibility in the context of attempt?
Defendant thinks they are committing a crime, but the act they are intending to accomplish is not a crime
74
What is mixed fact/legal impossibility?
No crime is actually committed, but defendant meant to perform acts that would constitute a crime if the facts believed were true
75
What constitutes solicitation?
* Specific intent to commit the target crime
* Commanding, encouraging, or requesting another person to commit a crime
76
What are the two key components of accomplice liability?
* Specific intent that the target crime be committed
* Aided, abetted, facilitated, or commanded someone to commit a crime
77
What is the definition of conspiracy?
* Intent to agree the target crime be carried out
* An agreement between two or more people to commit the target crime
* An overt act that advances the mission of the conspiracy
78
What is the Pinkerton rule?
A party to a conspiracy is responsible for any act committed by an associate, even if they didn’t commit the substantive offenses
79
What is the mens rea of conspiracy?
Intent to agree that the target crime be committed, not just intent to commit the target crime
80
In People v. Lauria, why was the defendant not found guilty of conspiracy?
Defendant did not intend to further the illegal use of his service
81
In United States v. Feola, can a defendant conspire to assault a federal officer without knowing the victim's identity?
YES
82
What does the actus reus of conspiracy require?
* An agreement between two or more people to commit the target crime
* An overt act that advances the mission of the conspiracy
83
What constitutes withdrawal from a conspiracy?
* Voluntarily and completely abandon/renunciate/withdraw from the conspiracy
* Inform all other conspiracy members of withdrawal
84
In Kotteakos v. United States, could a single conspiracy exist when multiple persons have no contact with each other?
NO
85
What was the central issue in Kotteakos v. United States?
Whether a single conspiracy can exist when 2+ persons have no contact/transactions with each other.
86
What was the holding in Kotteakos v. United States?
NO, evidence pointed to several conspiracies.
87
In Blumenthal v. United States, could defendants be convicted of conspiracy if they didn’t know all participants involved?
YES, they knew of and joined the overriding scheme.
88
What was the issue in United States v. Bruno?
Whether defendant is guilty of an entire conspiracy, rather than just their small part.
89
What was the holding in United States v. Bruno?
YES, defendants knew a larger conspiracy existed.
90
What is the Bilateral Approach in conspiracy law?
There can be no conspiracy when defendants only collaborators are feigned participants.
91
What is the Unilateral Approach in conspiracy law?
Defendant can be guilty of conspiracy if they agree to commit a crime with a feigning accomplice.
92
What is Wharton’s Rule?
When a substantive crime involves 2+ people, the prosecutor cannot charge conspiracy.
93
What was the ruling in Gebardi v. United States?
NO, agreement between consenting adults did not amount to conspiracy.
94
What does RICO stand for?
Racketeer Influenced and Corrupt Organizations Act.
95
What constitutes a pattern under RICO?
Any two racketeering crimes committed by the enterprise in a 10-year period.
96
What is the holding in Elliot v. United States regarding RICO?
YES, defendants can be subject to enterprise liability.
97
What are the classifications of defenses?
* Disproving elements of the crime
* Justification defenses
* Excuse defenses
98
What are the elements of perfect Self-Defense?
* Resisting imminent unlawful force
* No more force than reasonably necessary
* Non-deadly force unless faced with deadly force
* Not the initial aggressor under certain conditions
* Duty to retreat unless certain conditions are met
99
What is the difference between perfect and imperfect self-defense?
Imperfect self-defense is an excuse for unreasonable belief in the need for self-defense.
100
What is the test for Battered Woman Syndrome?
What would a reasonable woman do in the defendant's position, considering prior abuse.
101
What are the elements of a successful necessity defense?
* Greater harm avoided
* No alternative
* Imminent threat
* Situation not caused by defendant
102
What is the holding in United States v. Schoon regarding civil disobedience?
NO, the mere existence of policy cannot create a legally cognizable harm.
103
What defines duress as a defense?
Coerced action due to a threat producing reasonable fear of imminent harm.
104
What are the elements of a successful duress defense?
* Threat by a third person
* Produces reasonable fear
* Immediate or imminent death or serious bodily injury
105
What is the distinction between voluntary and involuntary intoxication?
* Voluntary: intentional taking of intoxicating substance
* Involuntary: brought about by force, fraud, or mistake
106
What is the M'Naghten Rule?
Defendant is not guilty by reason of insanity if they did not know the nature of their act or that it was wrong.
107
What is the definition of Larceny?
The intentional taking and carrying away of the property of another with the intent to deprive the owner.
108
What is the definition of Robbery?
Larceny against the person by force, fear, threat, intimidation, or violence.
109
What is the legal definition of Rape?
Nonconsensual sexual intercourse by force, threat, resistance, or coercion against one’s will.
110
What was the ruling in Commonwealth v. Sherry regarding knowledge of consent?
NO, jury should consider the defendant's acts, not just their knowledge.
111
What was the holding in People v. Evans about seduction and rape?
NO, the main element of rape is the defendant's use of force or coercion.
112
What is the role of the legislature in relation to mistake defense?
The role of the legislature is to allow a mistake defense
## Footnote
This indicates that the legislature can establish laws that govern how mistake defenses are applied in legal cases.
113
In State v. Rusk, what was the main issue regarding the defendant?
Whether the defendant could be guilty of rape
## Footnote
The case involved a defendant who raped a woman who did not physically resist due to fear.
114
What was the conclusion of State v. Rusk?
YES, the defendant could be guilty of rape
## Footnote
Lack of consent can be shown if the victim failed to resist due to a genuine and reasonable grounded fear.
115
In People v. Evans, what did the defendant do to persuade the victim?
The defendant lied to the victim and used false pretenses and threats
## Footnote
This manipulation led to the victim having sex with him under duress.
116
What was the main legal question in People v. Evans?
Whether the defendant's words of seduction, misinterpreted as threats, support a charge of rape
## Footnote
This case examined the nuances of consent and coercion.
117
What was the conclusion of People v. Evans regarding the charge of rape?
NO, the words did not support a charge of rape
## Footnote
The main element of rape is the defendant's use of force.
118
What are the common law classifications of Assault and Battery?
Both are common law misdemeanors
## Footnote
Statutes often create aggravated assaults and batteries to elevate them to felonies.
119
Define Battery in legal terms.
Unlawful application of force to the person of another
## Footnote
Battery involves direct physical contact that is harmful or offensive.
120
What are the two definitions of Assault?
* Attempt to commit a battery
* Intentional placing of another in apprehension of receiving a battery
## Footnote
Assault can occur without physical contact if the victim feels threatened.
