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45 Cards in this Set
- Front
- Back
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What are the two theories of punishment?
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Utilitarianism: rehab, general and specific deterrence
Retribution: just deserts, moral equilibrium |
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What is the definition of a crime?
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Conduct that is morally condemned by society.
Must be willful and must incur social harm. |
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What is the principle of legality?
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No crime or punishment without law.
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What does Ex Post Facto mean?
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Only illegal if law was valid at the time of commission
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What is jury nullification?
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Juries have the power but not the right to disregard facts or law.
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What are the two types of crimes?
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Result crimes: e.g. murder, have causation
Conduct crimes: e.g. DUI do not. |
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What is an attendant circumstance?
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Any fact that must exist at the time of conduct of a crime but is not an element of the crime.
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What are the two required elements of most crimes?
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Actus reus
Mens rea Both must act together at the same time (approximately) |
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What are the four categories of Acts of Omission?
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Duty by status
Duty by statute Duty by voluntary assumption Duty by risk creation |
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What is a specific intent crime?
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D intends both the act and the outcome
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What is a general intent crime?
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D intends the act but not the specific outcome
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What is transferred intent?
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D intends to do a criminal act to V1 but instead does it to V2, we conclude that D intended to do it to V2.
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What are the levels of culpability (and describe each) under the California Penal Code?
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Intentionally: act with intent to cause result
Knowingly: knew facts exist to make result practically certain Conscious disregard: knew act was dangerous but did it anyway Criminal negligence: acted recklessly, reasonable person would know of risk Ordinary negligence: failure to exert reasonable care Strict liability: no mens rea required |
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What are the two types of causation?
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1. "But for" cause.
2. Proximate cause: foreseeable |
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What are the two types of intervening proximate causes?
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1. Dependent: foreseeable and linked to D's act, only extreme cause will break chain -- D is usually responsible for his act
2. Independent: not linked to D's act, D usually not responsible for his act. Look for other human intervention or when V reaches safety |
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What is the CALCRIM definition of proximate cause?
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If harm is probable consequence of D's act or if there are multiple causes, if D's act was a substantial factor in causing the harm.
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What are the defenses?
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Self defense
Defense of others Necessity Defense of property Duress Mistake of fact Intoxication Insanity Diminished capacity Mistake of law Consent Imperfect self defense Heat of passion |
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What is the definition of complicity?
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Intentional assistance of another person to engage in a criminal act.
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What actus reus is required to be an accomplice?
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Aid, promote, encourage, or instigate the perp. Perp must attempt the crime. More than mere presence is required to be an accomplice.
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What is the mens rea required to be an accomplice?
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Knowledge of perp's intent.
Intent to aid and abet the perp. |
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What is the actus reus required for attempt?
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Beyond planning and preparation
A direct but ineffective step that furthers the plan that would have been completed except for some interruption. |
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What is the mens rea required for attempt?
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Intent for the target offense.
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What is the definition of conspiracy?
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Agreement between two or more people to commit a crime.
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What is the actus reus required for conspiracy?
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Agreement + one overt act.
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What is the mens rea required for conspiracy?
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Intent to agree to commit crime.
Intent that at least one member will commit crime. |
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What is plurality?
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If a crime requires two people to commit (conspiracy) then you need two people with the required mens rea to convict.
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What is solicitation?
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When D has the intent that a crime be committed and requests another to commit or join in commission of a crime.
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What are the theft crimes?
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Burglary
Robbery Receipt of stolen proprerty False pretenses Carjacking Larceny Embezzlement Larceny by trick |
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What is burglary?
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Entering a building, room within a building, locked vehicle with intention to commit a felony therein.
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What is robbery?
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Taking of property that is not your own from person’s possession and immediate presence against the person’s will by using force of fear to prevent person from resisting and with intention to deprive the owner permanently.
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What is receipt of stolen property?
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Receiving of property that was stolen by another, knowing the property is stolen, with intent to deprive owner permanently.
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What is false pretenses?
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Knowingly and intentionally deceived property owner by false or fraudulent representation or pretense with the intention to persuade owner to let them or third party take possession and ownership of property. Owner transfers ownership because they were deceived.
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What is carjacking?
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Took motor vehicle that was not his from immediate presence of person possessing vehicle or was its passenger against the person’s will by using force or fear to prevent resistance and to deprive the person of possession either temporarily or permanently.
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What is larceny?
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Took possession of property owned by someone else without owner’s consent (trespassory) with the intention to deprive the owner of it permanently and moved the property even a small distance.
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What is embezzlement?
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Owner entrusted property that D fraudulently converted for his own benefit with the intention to deprive the owner of it permanently.
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What is larceny by trick?
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Took possession of property owned by someone else through trick or deceit (owner gives it willingly) with intent to permanently deprive the owner. Property is kept for a long time and the owner did not intend to transfer ownership.
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What is murder?
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Unlawful killing of a human being, or a fetus, with malice aforethought.
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What is 1st degree murder?
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Intent to kill + Deliberation and Premeditation
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What is felony murder?
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Negligent or accidental killing committed during actual or attempted: arson, rape, carjacking, robbery, burglary, kidnapping, torture, sodomy, child molest.
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What is 2nd degree murder?
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Intent to kill without deliberation or premeditation
Implied malice Natural and probable consequence of act D knew act was dangerous but acted with conscious disregard for human life |
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What is voluntary manslaughter?
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Intent to kill or conscious disregard but without malice aforethought
Heat of passion or sudden quarrel, requires provocation by V |
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What is involuntary manslaughter?
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Killing without intent to kill or conscious disregard, no malice aforethought
Act with criminal negligence or recklessness |
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What is simple assault?
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A willful act by D that creates a reasonable apprehension in V of immediate harmful or offensive contact.
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What is assault with a deadly weapon?
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A willful act with a deadly weapon or firearm that creates a reasonable apprehension in V of immediate great bodily injury.
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What is battery?
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A willful touching of another in a harmful or offensive manner.
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