Chapters 1-5

Front 1

Criminal Liability

Back 1

Conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests

Front 2

Hedonism

Back 2

people tend to seek pleasure andavoid pain

(In order for punishment to be effective, one only need use enough pain to prevent the crime. Minimum pain that will produce maximum crime reduction)

Front 3

3 Types of Restraint

Back 3

1.The Principle of Legality

2.Rule of Lenity

3.Stare Decisis/Precedent

Front 4

Banon Retroactive Lawmaking

Back 4

A person cannot be convicted of a crime unless the law defined the crimeand prescribed the punishment before he/she acted

Front 5

Hughes v. State

Back 5

Brief Fact Summary: Appellant was intoxicated and drove her car into another car and killed a baby that wasalmost to term. Appellant argued that the baby was not yet a human beingbecause it had been born dead.

Synopsis of Rule of Law: Whetheror nor the fetus is born alive, an unborn fetus that is viable at the time ofinjury is a human being which may be the victim of a homicide.

Front 6

Rule of Lenity

Back 6

Whena judge applies a statute in a criminal case, the judge must “stickclearly to the letter of the law” and resolve any ambiguities in favor of the defendant and against application of the statute.

Front 7

Stare Decisis

Back 7

“To stand by things decided.”

The principle that binds courts to stand by prior decisions (precedents) and to leave undisturbed settled points of law

Front 8

Void for Vagueness

Back 8

Criminal punishments deprive individuals of life (death penalty) liberty (imprisonment) and property(fines); therefore individuals are entitled to due process

Front 9

Atkins v. Virginia (2002)

Back 9

executing anyone who meets the criteria for mental retardation violates 8th Amendment

Front 10

Roper v. Simmons (2005)

Back 10

8th and 14th Amendment forbid execution ofoffenders under age 18

-Our society views juveniles as less culpable than the average criminal

Front 11

Ewing v. California

Back 11

3 strike laws should be ruled as unconstitutional

Front 12

Elements of a Crime

Back 12

-Actus Reus

-Mens Rea

-Concurrence

-Attendant Circumstance

-Bad Result

Front 13

Requirements of an Act

Back 13

1.Must be Voluntary

2.Cannot be due to status

Front 14

Good Samaritan law

Back 14

Imposes legal duty to render or summon aid for those in need

Front 15

American bystander rule

Back 15

No legal duty to rescue or summon help for someone in danger, even if the bystander risks nothing by helping

Front 16

To prove constructive possession; Joint occupancy test

Back 16

1. in plain view

2. found within the accused’s personal effects

3. innear proximity to it

4. owner of the automobile or exercised dominion and control over it

5. acted suspiciously before or during the arrest

Front 17

Mens rea v. motive

Back 17

the mental state at the time you committed the crime

v.

the reason for committing the crime

Front 18

How do we prove Mens Rea?

Back 18

Confessions and Circumstantial evidence

Front 19

Sine qua non

Back 19

without which not

Front 20

Crime

Back 20

Conduct that unjustifiably and inexcusably inflicts or threatens substantialharm to individual or public interests