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30 Cards in this Set
- Front
- Back
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Void for Vagueness Doctrine
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A law is Unconstitutionally vague when:
1. Fails to provide notice that will enable 'ordinary people' to understand what conduct it prohibits. 2. When it is written and is in substance constructed as to encourage arbitrary and discriminatory enforcement. |
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Due Process Clause
U.S. Const, Amend. 14, Sec 1 |
"nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws"
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Incapacitation
Purposes of Punishment |
Incarceration, or even death, to keep the offender away from other members of society.
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Retribution
Purposes of Punishment |
"Giving the defendant what he deserves."
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Rehabilitation
Purposes of Punishment |
To reform the offender through vocational training, counseling, drug rehabilitation, etc.
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Deterrence - 2 Types
Purposes of Punishment |
Specific deterrence - the general deterrence of the individual who is the subject of the prosecution.
General deterrence - the deterrence of a behavior in society at large. |
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Mistake of Fact Defense
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Whether or not the mistake of fact negatives the mens rea. If not, sucks for you. If so, you have successfully negated the crime.
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Mens Rea in General
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The particular mental state provided for in the definition of the offense.
Scienter (knowledge) or intent requirement. The actor's moral blameworthiness. |
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Mens Rea - Common Law
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Willfulness, maliciously, corruptly
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Mens Rea - MPC
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Purposely, knowingly, recklessly, negligently.
MPC terms are precisely defined. |
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Actus Reus
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1. A voluntary act 2. that causes 3. social harm.
It is the physical or external portion of the crime. 1. and 3. are terms of art. There is no single accepted definition of actus reus. |
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Felony Murder Rule
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One is guilty of murder if a death results from conduct during the commission or attempted commission of any felony.
This rule was abolished in England, but still thrives in the US and is retained in some form in nearly every state. Felony Murder is 1st degree murder if in the commission of a typically enumerated felony (arson, rape, robbery, or burglary). Felony Murder is 2nd degree murder if the felony is unspecified. |
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Felony Murder Merger Doctrine
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Felonies that merge so closely with felony murder that they cannot be the predicate for felony murder.
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Felony Murder and Proximate Cause
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We are asking about the relationship between the felony and the death. Is it too distant to make the defendant responsible for the murder?
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Felony Murder and the Agency Rule
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The killing of a conspirator in the commission of a felony.
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Felony Murder and the Pinkerton Rule
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There are conspirators if the act was planned, and they are responsible for subsequent crimes. Even a lookout can be guilty of felony murder.
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Year-and-a-day-rule, common law
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A defendant may not be prosecuted for criminal homicide unless the victim dies within a year and a day of the act inflicting the fatal injury.
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Manslaughter, common law
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An unlawful killing of a human being by another human being without malice aforethought.
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Homicide, Modern Statutes
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The killing of a human being by another human being.
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Murder, common law
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The killing of a human being by another human being with malice aforethought.
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Homicide, Common law
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The killing of a human being by a human being.
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Strict Liability
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There is an act, but there is no mens rea requirement.
Common law crimes are all supposed to have a mens rea, therefor are not strict liability. |
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Duress, MPC
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Duress is an affirmative defense to unlawful conduct by the defendant if:
1. she was compelled to commit the offense by the use, or threatened use, of unlawful force by the coercer upon her or another person; and 2. a person of reasonable firmness in her situation would have been unable to resist the coercion. |
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Duress, Generally
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1. Another person threatened to kill or grievously injure the actor or a 3rd party, particularly a near relative, unless she committed the offense 2. the actor reasonably believed that the threat was genuine 3. the threat was 'present, imminent, and impending' at the time of the criminal act 4. no reasonable escape from threat except compliance 5. actor was not at fault in exposing herself to the threat.
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Rape - common law
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Carnal knowledge of a woman by a man with force against her will.
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Depraved Heart Murder
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Person's conduct manifests an extreme indifference to the value of human life.
The accused does not intend to kill her victim, but malice is implied because there is a "wanton and willful disregard of the likelihood that the natural tendency of defendant's behavior is to cause death or great bodily harm." |
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Deadly Force
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Force that is likely to cause death or serious bodily harm.
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Malice, express and implied
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1. The intention to kill a human being (express), 2. the intention to inflict grievous bodily injury on another, 3. an extremely reckless disregard for the value of human life (depraved heart), or 4. the intention to commit a felony during the commission or attempted commission of which a death results (felony murder).
2, 3, and 4 are implied malice. 1 is express malice. |
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Malice aforethought - 4 categories
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Malice is a term of art.
4 categories: intent to kill, intent to cause bodily harm, depraved heart, felony murder. |
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Presumption of innocence and proof beyond a reasonable doubt
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Defendant is presumed to be innocent until proven guilty beyond a reasonable doubt by the prosecution.
Supreme Court has held this standard is protected by the Due Process Clause of the 5th and 14th amendments. Every element of an offense must be proven by the prosecution beyond a reasonable doubt. |
