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22 Cards in this Set
- Front
- Back
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When does a state have jurisdiction over a crime?`
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If: any act constituting an element of the offense was committed in the state, act outside the state caused a result inside the state, crime involved neglect of duty imposed by the state, was an attempt or comspiracy inside the state, or attempt or comspiracy inside the state to commit offense outside the state.
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When does a state have jurisdiction over a crime?`
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If: any act constituting an element of the offense was committed in the state, act outside the state caused a result inside the state, crime involved neglect of duty imposed by the state, was an attempt or comspiracy inside the state, or attempt or comspiracy inside the state to commit offense outside the state.
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What are the sources of federal criminal law?
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No federal common law of crimes; all federal crimes are statutory.
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What are the sources of state criminal law?
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State criminal law retains common law crimes in majority of states
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Modern Trend of State Criminal Law
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Abolish common law crimes either expressly by statute or impliedly by enactment of comprehensive criminal codes.
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Theories of Punishment
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1. Incapactiation of criminal
2. Special deterrence of criminal 3. General deterrence of others 4. Retribution 5. Rehabilitation 6. Education of the public |
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What are the 2 classes of crimes?
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1. Felonies
Generally punishable by death of imprisonment for more than one year. 2. Misdemeanors Other crimes |
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What must exist in order for criminal law not to violate Due Process on grounds of vagueness?
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1. Fair warning
2. No arbitrary and discriminatory enforcement |
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Substantive Limitations on Federal and State legislatures
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1. No ex post facto laws
2. No bills of attainder |
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Interpretations of Criminal Statutes
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1. Construed strictly in favor of defendants
2. More specific statute applied rather than more general 3. More recent controls older statute 4. Crimes committed prior to effective date of new code subject to prosecution and punishment under law as it was at time of offense. |
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Merger
At Common Law |
If person engaged in conduct that was both felony and misdemeanor, could be convicted only of the felony. Misdemeanor merged into felony
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Merger
Modern Law (No Merger) |
No longer merger.
Except: One who solicits another to comit a crime may not be convicted of both solicitation and the completed crime. Person who completes a crime after attempting it may not be convicted of both attempt and completed crime. |
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Merger
and Conspiracy |
Conspiracy does not merge with the completed offense
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Elements of a Crime
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1. Proof of physical act
2. Mental state 3. Concurrence of act and mental state 4. May also require proof of result and causation (act caused harmful result) |
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Physical Act
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D must have performed voluntary physical act or failed to act when he had legal duty to do so.
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What is an act?
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Bodily movement
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Exam Tip
Re: An Act |
Act must be voluntary. If D was unconscious, act wasnt voluntary and D can't be convicted of crime based on this act.
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Omission as an Act
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Failure to act leads to liability only if:
1. Specific duty to act imposed by law 2. D has knowledge of facts giving rise to duty to act 3. Reasonably possible to perform the duty |
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How does legal duty arise?
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From
1. Statute 2. Contract 3. Relationship 4. Voluntary assumption of care by D for V 5. Creation of peril for V by D |
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Exam Tip
Re: Omission and Criminal Act |
For omission to be criminal act, must be duty to adct. No general Good Samaritain duty to help people in trouble. D not liable for failure to help or rescus someone unless has duty to do so.
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Specific Intent
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Crime may require not only doing act, but also doing it with specific intent or objective. SI cannot be inferred by doing of act.
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Major Specific Intent Crimes
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Solicitation
Attempt Conspiracy 1st degree premeditated murder Assault Larceny and Robbery Burglary Forgery False pretenses Embezzlement |
