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22 Cards in this Set
- Front
- Back
Moral theory: utilitariansim |
greatest happiness for greatest # of people |
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retribution |
Punishment based on moral culpability- assesses inherent blame worthiness of the indu. |
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Sentencing guidelines |
Guidelines are advisory not binding |
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Increasing sent. Above |
If pushes above the max → needs to be tried by jury I found beyond reasonable doubt t expressly pled by D |
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Ex post facto |
Criminal statute that punishes actions retroactively |
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Recidivism |
When bad crim record triggers certain sent. Ex) 3 strikes law |
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3 strikes law (CA) |
2 serious or violent offenses + any felony (prosecution has to bring it up) |
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Rule of lenity |
If 2 penalties → choose the less severe |
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Assessing violation of ex posts facto (applies only to leg. Enacted laws) |
1) is commitment civil or crim 2) legis. Intent 3) Court makes obj. Assessment based on purpose of punishment (retribution/deterrence = crim)
Result: -if Crim it violates ex posts facto - if goal of statue is then incapacitation reasoningisn't soley crim is doesn't violate ex poste |
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Actus reas |
The bad act Must be voluntary Elements: result, conduct, circumstance |
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Constructive possession |
1 power to control 2 intent to exercise control |
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Omission liabilty |
No general duty to act unless: 1) statute 2) contractual 3) special relationship 4) created peril 5) detrimental undertaking |
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Omission liabilty |
No general duty to act unless: 1) statute 2) contractual 3) special relationship 4) created peril 5) detrimental undertaking |
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Status crime |
Not based on an act but a status - can't do this |
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Omission liabilty |
No general duty to act unless: 1) statute 2) contractual 3) special relationship 4) created peril 5) detrimental undertaking |
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Status crime |
Not based on an act but a status - can't do this |
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Transferred intent |
When you want to kill a, but accidentally kill B instead |
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Motive |
Usually irrelevant but can be USED when looking @ evidence of intent or evidence for aggravation @sentencing stage |
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Gross deviation from standard of care a reasonable would a person employment |
Gross deviation from standard of care a reasonable would a person employ -Look @degree of risk and is risk justifiablelacceptable |
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Recklessness |
Aware of, substantial/ unjustifiable risk |
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Mr hierarchy |
1) intent 2) recklessness 3 ) crim neg. 4) civil neg. |
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General intent |
Conduct + circumstance Defenses if result bc of reasonable & honest mistake (If honest but unreasonable then partial defense by |