Crim Final

Front 1

Moral theory: utilitariansim

Back 1

greatest happiness for greatest # of people

Front 2

retribution

Back 2

Punishment based on moral culpability- assesses inherent blame worthiness of the indu.

Front 3

Sentencing guidelines

Back 3

Guidelines are advisory not binding

Front 4

Increasing sent. Above

Back 4

If pushes above the max → needs to be tried by jury I found beyond reasonable doubt t expressly pled by D

Front 5

Ex post facto

Back 5

Criminal statute that punishes actions retroactively

Front 6

Recidivism

Back 6

When bad crim record triggers certain sent. Ex) 3 strikes law

Front 7

3 strikes law (CA)

Back 7

2 serious or violent offenses + any felony (prosecution has to bring it up)

Front 8

Rule of lenity

Back 8

If 2 penalties → choose the less severe

Front 9

Assessing violation of ex posts facto (applies only to leg. Enacted laws)

Back 9

1) is commitment civil or crim

2) legis. Intent

3) Court makes obj. Assessment based on purpose of punishment (retribution/deterrence = crim)

Result: -if Crim it violates ex posts facto

- if goal of statue is then incapacitation reasoningisn't soley crim is doesn't violate ex poste

Front 10

Actus reas

Back 10

The bad act

Must be voluntary

Elements: result, conduct, circumstance

Front 11

Constructive possession

Back 11

1 power to control

2 intent to exercise control

Front 12

Omission liabilty

Back 12

No general duty to act unless:

1) statute

2) contractual

3) special relationship

4) created peril

5) detrimental undertaking

Front 13

Omission liabilty

Back 13

No general duty to act unless:

1) statute

2) contractual

3) special relationship

4) created peril

5) detrimental undertaking

Front 14

Status crime

Back 14

Not based on an act but a status - can't do this

Front 15

Omission liabilty

Back 15

No general duty to act unless:

1) statute

2) contractual

3) special relationship

4) created peril

5) detrimental undertaking

Front 16

Status crime

Back 16

Not based on an act but a status - can't do this

Front 17

Transferred intent

Back 17

When you want to kill a, but accidentally kill B instead

Front 18

Motive

Back 18

Usually irrelevant but can be USED when looking @ evidence of intent or evidence for aggravation @sentencing stage

Front 19

Gross deviation from standard of care a reasonable would a person employment

Back 19

Gross deviation from standard of care a reasonable would a person employ

-Look @degree of risk and is risk justifiablelacceptable

Front 20

Recklessness

Back 20

Aware of, substantial/ unjustifiable risk

Front 21

Mr hierarchy

Back 21

1) intent

2) recklessness

3 ) crim neg.

4) civil neg.

Front 22

General intent

Back 22

Conduct + circumstance

Defenses if result bc of reasonable & honest mistake

(If honest but unreasonable then partial defense by