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15 Cards in this Set
- Front
- Back
Void-For-Vagueness Doctrine
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Due Process Clause prohibits imposition of a criminal penalty w/out:
(1) fair warning (2) fair enforcement of the criminal code. |
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Ex Post Facto Laws (Art. I)
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Prohibits state and federal legislatures from retroactively:
(1) Making an act a crime (2) Increase punishment (3) Change rules of evidence or criminal procedure so that it is easier to convict. |
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Bills of Attainder (Art.I)
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Prohibits state and federal legislature from passing a legislative act that inflicts punishment or denies a privilege w/out a judicial trial.
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Elements of a Crime
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(1) Mens Rea
(2) Actus Reus (3) Causation (4) Harmful Result |
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Specific Intent Crimes
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SAC BAFFLER 1
(1) Solicitation (2) Attempt (3) Conspiracy (4) 1st Degree Murder (5) Burglarly (6) Assault (7) Forgery (8) False Prestenses (9) Larceny (10)Embezzlement (11)Robbery |
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MPC Definition of Purposely
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Conscious objective to do the act or cause the result.
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MPC Definition of Knowingly
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Awareness that conduct is prohibited or that harmful result is likely to occur.
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MPC Definition of Recklessly
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Conscious disregard of a substantial or unjustifiable risk, which constitutes a gross deviation from the standard of care.
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Criminal Negligence
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Failure to be aware of a substantial and unjustifiable risk, which constitutes a substantial deviation from the standard of care.
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Principal
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One who w/ requisite mental state commits the target offense.
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Accomplice
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One who aids, counsels, or encourages principal to commit the crime w/ intent that the crime be committed.
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Accessory After the Fact
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One who assists a FELON escape arrest, trial, or conviction w/ the intent to do so.
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Accomplice Liability
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Liable for foreseeable crimes committed by the principal and/or accomplice(s).
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Withdrawal from Accomplice Liability
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Effective w/drawal before target offense has been committed depends on what D did.
(1) If D encouraged the principal, he can w/draw by repudiating his encouragement. (2) If D provided material assistance, he can w/draw by neutralizing this assistance. (3) In the alternative, D can notify law enforcement before target offense is committed. |
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Persons Excluded for Accomplice Liability
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(1) Members of a class protected by the criminal statute
(2) Parties necessary for commision of the crime, who are not provided for by criminal statute. (exp: buyer is not an accomplice for the offense of sale of drugs. Only seller is liable). |