Crim

Front 1

General Deterrence

Back 1

Jeremy Bentham Theory- society as a whole- Punishment is justified as long as it results for more happiness than harm to society. when society sees punishment they know what can happen to them-makes us act lawfully in fear of punishment

Front 2

Specific Deterrence

Back 2

Retribution Immanuel Kant- deter that single person-Punishment that fits the crime-looks backwards, because criminal has harmed society they should be harmed back.

Front 3

Incapacitation

Back 3

Prevents defendant from committing crimes because they are in prison, sentenced to death, etc

Front 4

Rehabilitation

Back 4

Changing the behavior of those who have broken the law so that they will not commit more crimes when they are released

Front 5

Mens Rea

Back 5

the thought/intent to commit an act

Front 6

Actus Rea

Back 6

the act that must be committed and/or harm/result that must occur in order to establish the existence of a crime

Front 7

Homicide

Back 7

any unlawful killing of another

Front 8

Malum In Se

Back 8

the act is generally/naturally bad/harmful (hitting someone in the face)

Front 9

Malum Prohibitum

Back 9

the act is bad because society said its bad (parking at a parking meter and not paying)

Front 10

Malice Aforethought

Back 10

is the mens rea required for common law and 2nd degree murder-
the intent to kill-OR intent to do great bodily harm-OR conscious disregard of a very high risk that death or great bodily harm will occur (depraved heart)

Front 11

Malice

Back 11

disregard of a very high risk that death or great bodily harm will occur

Front 12

Manslaughter

Back 12

the unlawful killing of a human being by another WITHOUT malice (under common law murder is murder NO degrees)

Front 13

Murder

Back 13

the killing of another with malice- (under common law murder is murder NO degrees) Murder requires: Intent to kill OR intent to do great bodily harm OR Malice OR during the commission or attempt to commit ANY felony

Front 14

Voluntary Manslaughter

Back 14

an intentional killing that is reduced from murder because of legally adequate provocation such as HEAT OF PASSION (reasonable provocation) OR Imperfect privilege (unreasonable belief life is in danger/excessive force)

Front 15

Involuntary Manslaughter

Back 15

(Misdemeanor manslaughter) No intention to kill or do great bodily harm but is committed during the commission of a misdemeanor OR an accidental death (D punches P in face -> P falls down hits head and dies)

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Intent to kill

Back 16

was done for the purpose of causing death of the victim (intentionally aim and shoot victim in the head/ poisoning/ lying in wait (the act of concealing yourself and lying in wait to attack by surprise)

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Intent to do great bodily harm

Back 17

often using a weapon or something of the sort

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Willful

Back 18

means intent to kill- use of a deadly weapon is the #1 indicator

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Deliberate

Back 19

means to consciously consider one's options (often premeditation and deliberation are treated as one idea)

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Premeditated

Back 20

means second look- sufficient time to plan killing-form intent and think about how killing will occur (if murderer is stabbing victim and knife breaks and they go get another one & continues (called second look) this IS premeditated regardless of it beginning spontaneously

Front 21

1st Degree Murder

Back 21

Willful, deliberate and premeditated OR Felony murder Rule
Intent to kill-willful-deliberate-premeditated-

Front 22

Enumerated Felonies

Back 22

BARRK - burglary, arson, robbery, rape, kidnapping

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Felony Murder Rule

Back 23

Any death caused by a defendant during the commission or attempt to commit any felony regardless of intent. BARRKS = usually Felony murder rule- ANY and ALL accomplices held equally responsible for the death

Front 24

2nd Degree Murder

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Everything else that isn’t first degree murder (doesnt meet the elements)--The crime includes every element of 1st degree murder except the intention to kill. Depraved heart- conscious disregard of a very high risk death will occur

Front 25

Heat of Passion

Back 25

MUST be fact that it would provoke a reasonable person to SEEN IN VOLUNTARY MANSLAUGHTER lose control- no cooling off time- words generally are not enough-