Midterm

Question 1

What are the basic steps of a criminal trial by jury?

Answer 1

• Jury empaneled (Voir Dire and peremptory strikes)
• Prosecution presents evidence
• Defense presents evidence
• Closing statements
• Judge instructs the jury
• Jury deliberates and decides

Question 2

Why does the prosecution present evidence first in a criminal trial?

Answer 2

Because of the assumption of innocence

Question 3

What is the standard of proof in a criminal trial?

Answer 3

Beyond a reasonable doubt

Question 4

What is the difference between speculative doubt and reasonable doubt?

Answer 4

Speculative doubt lacks a basis in evidence, while reasonable doubt is based on the evidence presented

Question 5

What does sufficiency of evidence refer to in a trial?

Answer 5

Whether the evidence shows the defendant guilty beyond a reasonable doubt

Question 6

What is the role of an appellate court in terms of evidence sufficiency?

Answer 6

To decide whether there was enough evidence for a rational trier of fact to find a defendant guilty

Question 7

In Owens v. State, what was the key issue regarding circumstantial evidence?

Answer 7

Whether the circumstances are consistent with a reasonable hypothesis of guilt

Question 8

What is the consequentialism/utilitarian framework in punishment theory?

Answer 8

Punishment justified if it produces a greater net good than alternatives

Question 9

What does ‘deterrence’ mean in the context of punishment?

Answer 9

Preventing future offenses by discouraging potential offenders

Question 10

What is the goal of rehabilitation in punishment?

Answer 10

To integrate the defendant back into society to prevent future crimes

Question 11

What is incapacitation in the context of punishment?

Answer 11

Locking up individuals to prevent them from committing further crimes

Question 12

What are the costs considered in utilitarian punishment theory?

Answer 12

• Financial costs
• Social costs
• Societal costs

Question 13

What is the retributive (deontological) framework?

Answer 13

Punishment is justified independent of its social utility; it is based on moral culpability

Question 14

According to Moore, why is punishment justified?

Answer 14

Because the person who commits the crime deserves it

Question 15

What does the ‘Eye for an Eye’ principle signify in retributive theory?

Answer 15

Suffering is deserved because a person did something wrong

Question 16

What is unique about hybrid theories of punishment?

Answer 16

They combine retributive limits with consequentialist reasoning to determine punishment

Question 17

What was the outcome of People v. Du regarding sentencing?

Answer 17

Defendant received probation instead of jail time due to unusual case factors

Question 18

What does the 8th Amendment’s proportionality clause entail?

Answer 18

A sentence must be ‘grossly disproportionate’ to violate the clause

Question 19

What is the three-factor test for analyzing the proportionality of a sentence?

Answer 19

• Gravity of the offense
• Comparison of punishment with sentences imposed on others
• Comparison of sentences for the same crime in other jurisdictions

Question 20

What is the principle of legality?

Answer 20

Ensures individuals can obtain notice of prescribed conduct and protects against arbitrary state action

Question 21

What is the ‘void for vagueness’ doctrine?

Answer 21

Criminal statutes must be clear enough to give adequate notice and avoid arbitrary enforcement

Question 22

What does the ex post facto clause prohibit?

Answer 22

Statutes that punish actions retroactively

Question 23

What is the significance of the Mendoza-Martinez factors?

Answer 23

Guidelines for determining if a statute acts like a criminal statute

Question 24

What is the cardinal rule of statutory interpretation?

Answer 24

Determine the intent of the legislature

Question 25

What are the steps in Oregon statutory interpretation according to the PGE/Gains method?

Answer 25

* Examine text/context of statute * Examine legislative history * Apply general maxims of statutory construction

Question 26

What does 'ejusdem generis' mean in statutory interpretation?

Answer 26

A principle that limits general terms to things of the same kind as those specifically enumerated

Question 27

What is the significance of the Gains decision in relation to legislative history?

Answer 27

Prior to Gains, Oregon courts only examined legislative history if the intent was not obvious from the text/context inquiry.

Question 28

What is no longer a prerequisite to consider legislative history offered by the parties?

Answer 28

Ambiguity in the text of statute.

Question 29

What are general maxims of statutory construction?

Answer 29

Broad principles relied on in past cases to interpret statutes.

Question 30

What is the principle of ejusdem generis?

Answer 30

When a nonspecific phrase follows a list of items, the nonspecific phrase refers to other items of the same kind.

Question 31

What is the primary goal of statutory interpretation?

Answer 31

Determine the intent of the legislature.

Question 32

What is Actus Reus?

Answer 32

Physical component of a crime.

Question 33

What is Mens Rea?

Answer 33

Mental component of a crime.

Question 34

What does the term 'strict liability' refer to?

Answer 34

Crimes that do not require proof of mens rea.

Question 35

What is the 'omission' in the definition of actus reus?

Answer 35

The failure to get rid of something possessed.

Question 36

What does the 8th Amendment prohibit in relation to criminalization?

Answer 36

Criminalization of mere states of being.

Question 37

What case established that a state statute criminalizing addiction was unconstitutional?

Answer 37

Robinson v. California (1962).

Question 38

What is the rule regarding ignorance of the law in criminal defense?

Answer 38

Ignorance of the law is generally not a valid defense.

Question 39

What must a defendant prove in a mistake of law defense?

Answer 39

The mistaken belief must be based on an official statement of the law.

Question 40

What is the 'but-for' test in causation?

Answer 40

A test for factual causation.

Question 41

What is proximate causation?

Answer 41

Whether the outcome/result was reasonably foreseeable.

Question 42

What is 'malice aforethought' in the context of murder?

Answer 42

Unlawfully causing death with intent to kill or awareness of causing death.

Question 43

What is the difference between express and implied malice?

Answer 43

Express involves intent to kill; implied involves extreme recklessness.

Question 44

What is voluntary manslaughter?

Answer 44

Murder mitigated by legally adequate provocation.

Question 45

What is involuntary manslaughter?

Answer 45

Unlawfully causing death with criminal negligence.

Question 46

What is the legal definition of burglary?

Answer 46

Breaking and entering the dwelling house of another at night with intent to commit a felony.

Question 47

What constitutes the actus reus in the context of possession?

Answer 47

Knowingly procuring or receiving the thing possessed.

Question 48

What is the significance of the case Muscarello v. United States?

Answer 48

Defined 'carries a firearm' to include possession in a vehicle.

Question 49

What is the standard for determining mens rea when it is not explicitly stated?

Answer 49

Presume mens rea unless clearly stated otherwise.

Question 50

What is the rule regarding mens rea in public welfare offenses?

Answer 50

They are typically strict liability offenses.

Question 51

What are the four levels of mens rea according to the Model Penal Code?

Answer 51

* Purposely * Knowingly * Recklessly * Negligently

Question 52

What does the term 'general intent' refer to?

Answer 52

The basic mental state needed to commit a crime.

Question 53

What is extreme recklessness also known as?

Answer 53

Depraved indifference, abandon and malignant heart

Question 54

Define voluntary manslaughter.

Answer 54

Murder that is mitigated by legally adequate provocation (heat of passion)

Question 55

What constitutes involuntary manslaughter?

Answer 55

Unlawfully causing the death of a human being with criminal negligence

Question 56

In State v. Guthrie, what was the key issue regarding premeditation?

Answer 56

There must be evidence that the Defendant considered and weighed his decision to kill

Question 57

What was the holding in State v. Guthrie regarding premeditation?

Answer 57

There must be some period between the formation of the intent to kill and the actual killing

Question 58

What was the main issue in Midgett v. State?

Answer 58

Is the evidence of premeditation and deliberation sufficient to support a conviction of first-degree murder?

Question 59

What was the conclusion of Midgett v. State regarding first-degree murder?

Answer 59

A conviction requires deliberate and premeditated killing; evidence of ongoing abuse was insufficient

Question 60

What are the five categories under old common law for voluntary manslaughter?

Answer 60

* Aggravated assault or battery * Seeing a serious crime against a close relative * Illegal arrest * Mutual combat * Seeing wife in act of adultery

Question 61

What is the subjective component of the 'reasonable person' test in voluntary manslaughter?

Answer 61

Defendant actually acted in heat of passion

Question 62

What is the objective component of the 'reasonable person' test?

Answer 62

Facts and circumstances were sufficient to provoke a reasonable person to act from passion rather than reason

Question 63

What does the causal connection in the 'reasonable person' test refer to?

Answer 63

Connection between provocation, passion, and killing

Question 64

In People v. Berry, what was the nature of the provocation that could suffice for manslaughter?

Answer 64

Verbal provocation may be sufficient

Question 65

What is the mens rea for MPC negligent homicide?

Answer 65

Defendant failed to perceive that her conduct created a substantial and unjustifiable risk of death

Question 66

What is the basic formula for felony murder under old common law?

Answer 66

Death + felony = murder

Question 67

What additional formula applies for involuntary manslaughter?

Answer 67

Death + misdemeanor = involuntary manslaughter

Question 68

What does the MPC state about felony murder regarding recklessness?

Answer 68

Recklessness and indifference are presumed because they are engaged in felonious behavior