study guide

  1. criminal law
    conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests
  2. Torts
    Non Criminal Wrongs for which you can sue person who wronged you
  3. Crimes of Moral turpitude
    Criminal behavior that needs no law to tell us criminal because its inherently wrong or evil..murder or rape
  4. General Part of Criminal Law
    broad propositions that apply to more than one crime
  5. Special part of Criminal Law
    defines criminal Law,according to the principals in general law
  6. common Law crimes
    Judge Law, laws before the criminal codes were written when society still had to keep order, murder, rape, battery, assault,
  7. Codified
    put into writing
  8. Model Penal Code
  9. Analysis of Criminal Liability
    what behavior deserves criminal punishment
  10. administrative crimes
    violations of federal and state agency rules
  11. retribution
    assumes culpability...only the pain of punishment can pay for the crimes
  12. punishment
    intentionally inflicting pain or other unpleasant consequences,same way as the law defines the crime
  13. prevention
    pain and punishment is a means to a greater good
  14. ALI
    definition of criminal law...American Law Institute
  15. Classifying Crimes
    • Felonies-over 1 year prison, death
    • Misdemeanors- less than 1 year, fines
  16. Criminal punishment-purpose
    • Retribution-assumes culpability (blameworthy)
    • Prevention-general deterrence,special deterrence,incapacitation,rehabilitation
  17. Principle of Legality
    Rule of Law
  18. No Retroactivity-legislative;judicial
    • Statutory construction-rule of lenity
    • Precedent;Stare Decisis
  19. Sources of Criminal Law
    • Common Law Crimes-most states have abolished-principles still valid
    • Criminal Code-Model Penal Code
  20. Parts of a Case
  21. legal rule vs Reasoning
    Holding of decision vs why case decided that way
  22. Appellant, Appellee
    Plaintiff, Defendant
  23. Affirm
    Appellate Court upholds the lower court ruling
  24. Reverse
    Appellate Court overturns the conviction
  25. Constitutional Limits on criminal law
    • Ex Post Facto Laws
    • Criminalize an act after the offense was already committed
  26. Void for Vagueness
    based on the due process clause (fair warning, non-arbitrary criminal justice administration)
  27. 14th amendment equal protection
    rational basis,strict scrutiny,heightened scrutiny
  28. Free Speech
    Fundimental Right-preferred status-may be non-verbal
  29. Non protected speech
    • 1.Profanity
    • 2.Slander
    • 3.Fighting Words
    • 4.Words creating a clear and Present Danger
  30. Right To Privacy
    Griswold v Connecticut- implied from 1st,3rd,4th 5th,9th,14th Amendments-emanations from the Penumbra
  31. 8th Amendment
    Cruel and unusual Punishment-barbaric,not proportional to the crime
  32. Death Penalty
    • Not cruel and unusual on its face; not allowed for juveniles or mentally retarded
    • Three Strikes Laws
  33. Elements of Criminal Liability
    • Act-Actus Reus-
    • Intent-Mens Reus
    • Concurrance-The intent Set the act in Motion
  34. Crimes of Conduct Causing harm(bad result Crimes)
    • Act
    • Intent
    • Concurrence
    • Causation
    • Harm
  35. Criminal Act Punishment
    Punish only the the blameworthy, must be voluntary
  36. Doctrine of manifest criminality
    • must be some physical action
    • 1.bodily movement
    • 2.voluntary
  37. status
    not an act
  38. Omission or failure to act-failure to report or intervene
    Must be legal duty-created by law,contract,or special relationship
  39. Good Samaritan Rule
    Minority View
  40. American Bystander Rule
    Majority Rule
  41. Possession as an Act-legal fiction
    • Actual-Contraband in your possession
    • Constructive-Under your control
  42. Knowing Possession
    Know you have it and what it is-most states require this
  43. Mere possession
    know you have it but don't know what it is
Card Set
study guide
criminal law