Criminal

Front 1

Jury Nullification

Back 1

Is a power but not a right. Though Jury can acquit even if they think defendant is guilty, the defense cannot argue for jury nullification.

Front 2

Burden of Proof

Back 2

Burden of production + burden of persuasion. Prosecutor general has both. Must produce sufficient evidence for a reasonable trier of fact to find all the elements of the crime beyond a reasonable doubt. Then must convice trier of fact of all the elements of the crime beyond a reasonable doubt. Defense typically has a burden of production (sometimes also persuasion) for affirmative defenses.

Front 3

Legality

Back 3

Whatever the crime is, it should be clearly defined before a defendant act (not ex post facto).

1. Statutes should be understandable to reasonable law abiding persons

2. Criminal statutes should be crafted as not to delegate basic policy matters to police, judges, and juries for ad hoc and subject basis

3. Lenity, if there is actual ambiguity in the statute, we should not punish the individual

Front 4

General Deterence

Back 4

Punishment should be used to deter the community at large from committing the crime.

Front 5

Specific Deterence

Back 5

Punishment should be used to deter the individual from committing the same crime (and possibly other crimes)

Front 6

Utilitarianism

Back 6

Humans generally act rationally and in their own self interest and will avoid criminal activity if the perceived potential pain (punishment) outweighs the expected potential pleasure (criminal rewards).

Punishment is a harm that is only justified when it will create more value (utility) for society.

Front 7

Retribution

Back 7

Is a view that aims to punish criminal for their wrongdoings. The criminal has hurt society, thus, society should hurt the criminal. The crime has created a debt to society and punishment is a way for the criminal to pay that debt.

Front 8

Incapacitation:

Back 8

Takes the defendant out of the general public so that they cannot commit a crime for certain period of time.

Front 9

Rehabilitation

Back 9

Attempt to treat or cure a defendant so they do not commit the crime again.

Front 10

Fine

Back 10

Monetary form of punishment, the punishment for some misdemeanors is a fine.

Front 11

Forfeiture

Back 11

Offense that requires actor to pay money, but the offense is not considered a crime.

Front 12

Felony

Back 12

crime that has a penalty of prison for over a year

Front 13

Misdemeanor

Back 13

Crime that maximum penalty is less than one year of prison.

Front 14

Entrapment

Back 14

The defendant commits a crime that he/she would not have committed if they had not been induced by law enforcement. States proves def committed crime. Def proves by preponderance of evidence that he/she was induced by law enforcement to commit the crime. State proves beyond a reasonable doubt that def has prior disposition to commit the crime.

Front 15

Mens Rea

Back 15

The requisite mental state for an actor to be guilty of a crime. Mens rea an be shown through the actor's conduct, the circumstances and the results.

Front 16

Actus Reus

Back 16

A voluntary act that causes harm. Conduct circumstances, result. Possession can be an act

Front 17

Omission Liability

Back 17

An actor can be held liable for failure to act when they: (1) have a legal duty to act (2) breach that duty (3) have the physical and mental capacity to act

Front 18

Aiding + abetting

Back 18

1. Def knows that another is committing a crime

2. Def has the purpose to facilitate the commission of that crime

3. Def provides actual assistance or stands by ready + willing to provide assistance and direct actor knows this

Front 19

Conspiracy (PTAC)

Back 19

1. Agrees with or joins another

2. Def had purpose/intent to commit that crime

Front 20

Conspiracy (substanative)

Back 20

1. Intent that a crime be committed

2. Agreement (explicit or tacit)

3. Act in furtherance of intended crime

Front 21

Attempt

Back 21

1. Intent that a crime be committed

2. Sufficient acts that show it is unequivocally improbable that defendant would desist/change his mind

Front 22

Solicitation

Back 22

1. Intent that a crimes be committed

2. Advises another to commit that crime

Front 23

Self defense

Back 23

1. D actually believes there is unlawful interference with his/person (threat of death or great bodily harm)

2. Def actually believes Force used is necessary to terminate such interference

3. Belief #1 is reasonable (objective test)

4. Beliefs # 2 is reasonable (objective test)

D Burden= some evidence so that a reasonable jury could find def acted in self defense

State burden= disprove beyond reasonable doubt