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0

What are the four areas of criminal law?

Crimes, Accomplice Liability, Preliminary Offenses, Defenses

1

Criminal defendants are always found what? And Tort defendants are always found what?

Criminal: Guilty
Torts: Liable

2

Federal laws are passed by whom and apply to whom?

Passed by Congress and apply to everyone

3

What is the 14th Amendment?

You cannot deprive people of life, liberty, or property without due process

4

What is the job of the Supreme Court?

Ensure the states haven't gone too far and to enforce the Constitution

5

What percentage of criminal laws are developed through statutes?

99%

6

What is the role of common law in the criminal law?

It is the origin of most crimes and can help to clarify unclear statutory laws

7

What percentage of states have adopted the MPC?

2/3

8

A defendant has a constitutional right to a trial by jury for what kinds of crimes?

Anything with a sentence of more than six months in jail

9

What is the principle of legality?

Conduct isn't criminal unless forbidden by law providing advance warning

10

Can new legal definitions be applied retroactively?

No, only prospectively

11

How can a criminal statute be held void for vagueness?

If it is so unclear that people of reasonable intelligence have to guess at its meaning

12

For homicides, where will the crime be prosecuted?

- CL: the state where the mortal wound happened
- Modernly: the state where death occurred

13

Where will theft crimes be prosecuted?

- CL: the state that the property was stolen in
- Modernly: state where stolen property was found

14

Where will conspiracies be prosecuted?

– CL: The state the conspiracy was formed in
– Modernly: state where the conspiracy goal was to commit the crime

15

Where will incitement crimes be prosecuted?

– CL: the state the person was physically in
– Moderately: the state the defendant caused the crimes to occur in, regardless of where he physically was

16

What is a lesser included offense?

A crime that must be proven in order to prove a larger crime

17

If a defendant is found guilty of the larger crime, what happens to the lesser included offense?

It merges into it

18

If an exam question asks about whether a sentence is proper, what should you do?

Evaluate it under the theories of punishment

19

What is the mnemonic for theories of criminal punishment?

DIRRR

20

What are the major theories of punishment in criminal law?

Deterrence, incapacitation, rehabilitation, restoration, retribution

21

What does deterrence mean as a theory of punishment?

Disincentive to commit future crimes

22

What are the two types of deterrences for criminal theories of punishment?

Specific deterrence and general deterrence

23

What is specific deterrence?

Discouraging a specific individual from engaging in that behavior in the future

24

What is general deterrence?

Deterring the public

25

What is the purpose of rehabilitation as a theory of criminal punishment?

Punishment through treatment and correction

26

What is the purpose of restoration as a theory of criminal punishment?

Make amends and recognize their actions

27

What is the purpose of incapacitation as a theory of criminal punishment?

By imprisoning or executing people, they can't offend further

28

What is the purpose of retribution as a theory of criminal punishment?

Social revenge suppresses private acts of vengeance, and repays the debt taken from society

29

What are the two types of sentences in criminal law?

Determinate, and indeterminate

30

What Is an indeterminate sentence?

When the defendant is given a minimum and maximum sentence, and the date of release is decided by a third-party like a parole board

31

What is a determinate sentence?

Defendant serves for a predetermined period of incarceration

32

What is the burden of proof in a criminal prosecution?

State must prove each element of the crime beyond a reasonable doubt

33

What does beyond a reasonable doubt mean?

About 95% sure

34

If a jury has a reasonable doubt on any one criminal element, what must they do?

Find the defendant not guilty

35

If a jury finds a defendant not guilty, what happens?

He is free and cannot be charged again

36

If a jury finds a D guilty, what happens?

The defendant can appeal

37

What is jury nullification?

Defendant is clearly guilty, but asks the jury to ignore the law and find him not guilty

38

What are some reasons a D might ask for jury nullification?

Thinks the law is a terrible one, or a message needs to be sent

39

If a jury agrees to jury nullification, is that okay?

Yes, because that is the cost society pays for having juries, and because of double jeopardy, the defendant is free