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20 Cards in this Set
- Front
- Back
Criminal Liability |
Conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests |
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Hedonism |
people tend to seek pleasure andavoid pain (In order for punishment to be effective, one only need use enough pain to prevent the crime. Minimum pain that will produce maximum crime reduction) |
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3 Types of Restraint |
1.The Principle of Legality 2.Rule of Lenity 3.Stare Decisis/Precedent |
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Banon Retroactive Lawmaking |
A person cannot be convicted of a crime unless the law defined the crimeand prescribed the punishment before he/she acted |
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Hughes v. State |
Brief Fact Summary: Appellant was intoxicated and drove her car into another car and killed a baby that wasalmost to term. Appellant argued that the baby was not yet a human beingbecause it had been born dead. Synopsis of Rule of Law: Whetheror nor the fetus is born alive, an unborn fetus that is viable at the time ofinjury is a human being which may be the victim of a homicide. |
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Rule of Lenity |
Whena judge applies a statute in a criminal case, the judge must “stickclearly to the letter of the law” and resolve any ambiguities in favor of the defendant and against application of the statute. |
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Stare Decisis |
“To stand by things decided.” The principle that binds courts to stand by prior decisions (precedents) and to leave undisturbed settled points of law |
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Void for Vagueness |
Criminal punishments deprive individuals of life (death penalty) liberty (imprisonment) and property(fines); therefore individuals are entitled to due process |
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Atkins v. Virginia (2002) |
executing anyone who meets the criteria for mental retardation violates 8th Amendment |
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Roper v. Simmons (2005) |
8th and 14th Amendment forbid execution ofoffenders under age 18 -Our society views juveniles as less culpable than the average criminal |
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Ewing v. California |
3 strike laws should be ruled as unconstitutional |
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Elements of a Crime |
-Actus Reus -Mens Rea -Concurrence -Attendant Circumstance -Bad Result |
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Requirements of an Act |
1.Must be Voluntary 2.Cannot be due to status |
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Good Samaritan law |
Imposes legal duty to render or summon aid for those in need |
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American bystander rule |
No legal duty to rescue or summon help for someone in danger, even if the bystander risks nothing by helping |
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To prove constructive possession; Joint occupancy test |
1. in plain view 2. found within the accused’s personal effects 3. innear proximity to it 4. owner of the automobile or exercised dominion and control over it 5. acted suspiciously before or during the arrest |
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Mens rea v. motive |
the mental state at the time you committed the crime v. the reason for committing the crime |
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How do we prove Mens Rea? |
Confessions and Circumstantial evidence |
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Sine qua non |
without which not |
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Crime |
Conduct that unjustifiably and inexcusably inflicts or threatens substantialharm to individual or public interests |