Criminal Law Notecards

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(1)Criminal Law

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The branch of law which defines which public wrongs are considered crimes and assigns punishment for those crimes. The whole point is to serve as a deterrent.

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(2)Punishment

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Community condemnation of antisocial conduct, the threat (and, on due occasion, the imposition) of unpleasant physical consequences.

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(3)Crime

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It is conduct which, if dually shown to have taken place, will incur a formal and solemn prounouncement of the moral condemnation of the community. There must be concurrence between intent and the act itself to establish crime.

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(4) Sixth Amendment

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In all criminal prosecution, the accused shall enjoy the right to a speedy and public trial by an impartial jury

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(5) Nullification

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When the jury decides that the prosecution has proven its case byond a reasonable doubt, but for reasons of conscience, it disregards the facts and/or the law and acquits the defendant.

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(6) Model penal code

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Code created by a prestigious organizaton composed of top judges, scholars, and lawyers. It serves as a model for better penal code legislation because many state legislatures had enacted imperfect penal codes. Not statute but many states have adopted the MPC in whole or in part.

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(7) Principle of Legality

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No crime without pre-existing law provides people some defense of arbitrary enforcement of law. In our system of justice, the error goes to the defendant.

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(8) Proof beyond a reasonable doubt

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Proof has to be such that it excludes every other fair and reasonable possibility except for 1 and that is guilt.

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(9) Actus Reus

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The physical or external component of a crime. Objective element of the crime.

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(10) Volition (CL)

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A willed muscular contraction or movement of the body by the actor. Has to do with the act, not the result.

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(11) Crimes of Omission

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Failure to perform specified acts that you have a duty to perform constitutes an offense.

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(12) Mens rea

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A guilty mind; a guilty or wrongful purpose; a criminal intent. The sine qua non of crime. This is related to the result.

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(13)Good Samaritan Law

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Does not create a legal duty to act, but rather provides you with protection in the event that you make a situation worse if you were acting with the right intent.

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(14) Principle of finality

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The finding of not guilty by a jury is final and cannot be appealed.

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(15) Wilful blindness

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Deliberate effort ot avoid truth. More than recklessness because they are purposely staying ignorant, so as not to be held liable.

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(16) Conditional intent

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based on the performance or lack of performance on something that is demanded (i.e. carjacking with a weapon).

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17. transferred intent

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when a defendant means to cause harm to one person, but actually causes harm to another

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18. attendant circumstances

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facts surrounding the events (sometimes an element of the crime you have to prove)

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19. substantial factor

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occurs when there is more than one cause, but each action was sufficient enough to bring about a desired result.

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20. acceleration

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hastens the result of the crime (the victim would have died later, but for ∆’s actions – must have mens rea!)

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21. expressed malice

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intent to kill or knowledge of substantial certainty that the result will occur