Chapters 1-5 Pt. 2

Front 1

5th & 14th amendments

Back 1

Ban the government from taking any persons life, liberty, of property without due process

Due process- void for vagueness

Front 2

14th amendment

Back 2

"no state shall deny any person within its jurisdiction equal protection of the law"

Front 3

1st amendment exceptions

Back 3

obscenity, profanity, libel, slander, fighting words and clear & present danger

Front 4

Libel

Back 4

Misconceptions via written word

Front 5

Slander

Back 5

Misconceptions via spoken word

Front 6

Amendments surrounding privacy

Back 6

1st= freedom of speech

3rd= ban on quartering soldiers in private homes

4th= unreasonable search and seizures

5th & 14th= Ban the government from taking any persons life, liberty, of property without due process

9th

Front 7

To deny the right to privacy the government...

Back 7

must have compelling interest as it is a fundamental right

Front 8

To deny the 1st amendment the government...

Back 8

must have compelling interest as it is a fundamental right

Front 9

Manifest Criminality

Back 9

the requirement that attitudes have to turn into deeds in order to be considered criminal

Front 10

Status

Back 10

punish for acts, not who someone is (biological= sex, race, orientation & voluntary= prior drug use/history)

Front 11

Legal Duty

Back 11

Special relationships, statutes, contracts

Front 12

Recklessly 2 prong test

Back 12

1. awareness of substantial/unjustifiable risk

2. disregarded the risk

Front 13

Factual causation

Back 13

"but for" the defendants action the result would not have occurred ~ direct causation to the chain of events

Front 14

Proximate causation

Back 14

is it the defendants actions that caused the event or an intervening action ~ direct and substantial linkage

Front 15

Strict Liability

Back 15

state of mind is irrelevant = no mens rea

(bar tender)

Front 16

Burden of persuasion

Back 16

preponderance of the evidence (51%)

Front 17

Imperfect defense

Back 17

Not acquitted, but guilty of a lesser offense

Front 18

Affirmative defense

Back 18

defenses in which the defendant has the burden of proof

justification and excuse

Front 19

Elements of self defense

Back 19

1. unprovoked attack

2. imminent danger

3. necessity

4. reasonable force

Front 20

Castle Laws

Back 20

broadening situations which could count as self-defense

Front 21

Requirements for consent

Back 21

1. Voluntary

2. Knowing

3. Authorized

Front 22

D.C. v. Heller (2008)

Back 22

banned citizens from owning handguns ~ deemed unconstitutional

2nd amendment

Front 23

Re kemmler

Back 23

defined cruel and unusual as "something more than the extinguishing of life"

8th amendment

Front 24

Brown v. State

Back 24

guy shoots his friend by accidentCommon

Actus Reas

Front 25

Commonwealth v. Penstinakas

Back 25

were supposed to care for a sick elderly man ~ convicted of 3rd degree murder

Omissions

Front 26

Miller v. State

Back 26

car is pulled over and all the men in the car are arrested for possession even though one did not know about the drugs ~ joint occupancy test

Possession

Front 27

Commonwealth v. Barnes

Back 27

The shooting of a police officer later led to his death because the bullet hole got infected 40 years later

Proximate Causation

Front 28

State v. Stark

Back 28

HIV case

Causation

Front 29

People v. Goetz

Back 29

man shot a group of boys trying to rob him ~ used excessive force

self-defense

Front 30

Falco v. State

Back 30

trap gun cannot have discretion/reason so it an unnecessary use of force

defense of home

Front 31

The Queen v. Dudley and Stephens (1884)

Back 31

"there is no absolute or unqualified necessity to preserve ones life"

Front 32

State v. Metzger

Back 32

Naked guy in the window

Void for vagueness