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59 Cards in this Set
- Front
- Back
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Crime |
A public wrong |
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Substantive Criminal Law |
Written law that defines rights/duties and crimes/punishments |
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Common Law |
Law that is based on custom/habits. Sets a pattern of law/punishment, and sets definitions for crime |
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Enumerated Powers |
Power granted by people and state |
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Why do we need law? |
Social control, to resolve conflicts |
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What is communication? |
Sending messages that have the same meaning to both parties- listener and speaker |
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Law strives for uniformity of interpretation and the US Constitution illustrates this point... explain this |
Constitution was written in 1789 but is still appropriate today. Flexible and stable writing |
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Crime vs. Civil Action |
Crime-prosecuted by state. punishments are fines, imprisonment, or death Civil-prosecuted by individual. financial compensation |
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Common law in the US |
Built over a long period of time, based on customs and habits. sets a pattern of law/punishment.sets definition for crime |
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Mala in se |
Wrong in itself |
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Mala prohibita |
Wrong due to being illegal |
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felony |
any crime for which penalty is death or imprisonment over one year (treason/murder/robbery) |
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misdemeanor |
any crime for which punishment is imprisonment less than one year or fines |
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grant of power |
power that is obtained through he people or states |
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limitation of power |
power that is limited by the people of states |
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concurrent jurisdiction |
can be exercised simultaneously by more than one court over the same subject matter and within the same territory |
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vague and ambiguous statute |
¯\_(ツ)_/¯ |
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ex post facto laws |
a law that alters laws regarding a particular act in a way that can be harmful to the rights of an accused person. the government can only impose laws and punishment that were active at the time of the offense. (beneficial laws do apply tho) |
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corpus delecti |
the body of a crime. the elements that make up a crime ex. burglary:b&e, at night,with intent |
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constitutionality |
grants and limitations of power |
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Common law classification categories (3) |
treason-crime against country/spying felony-major crimes/murder misdemeanor-minor crimes/traffic |
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Each jurisdiction is free to make any criminal violation as it chooses as long as it doesn't violate this... |
8th amendment (cruel and unusual punishment) |
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Four items for establishing corpus delecti? |
1-a criminal law was violated 2-the violation was not an accident/self-inflicted 3-a human agency caused the violation 4-the defendant was the human cause of the violation |
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Lesser and Greater Included Offenses |
think of crimes as chains simple assault>battery>manslaughter>murder affects charges,pleas,jury instructions,double jeopardy,verdicts |
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complete jurisdiction |
jurisdiction over both person and subject |
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original jurisdiction |
power to try a case that has never been tried before |
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appellate jurisdiction |
power to review a case that has already been heard in trial court |
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appeal |
a direct review of a case that the statute says an appellate court must hear as long as all the procedural steps are followed |
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certiorari |
a discretionary review of a case by a higher court, usually obtained by a petition. The court will look at the petition to decide if it will review it or not. |
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petite policy |
no federal case can be prosecuted without the approval of the office of the attorney general after there has been a state prosecution for the same act or acts. |
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venue |
the place where the crime was committed that affects where the trial is held and from where the jury is selected |
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Territorial jurisdiction |
a courts power over events and people within a particular geographic territory |
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jurisdiction over a person |
the court can hear and decide a case because it has authority over the involved parties |
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jurisdiction over the subject matter |
an authority over the subject of the legal questions involved in the case ex. bankruptcy, small claims... |
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concurrent or overlapping jurisdiction |
can be exercised simultaneously by more than one court over the same subject matter and within the same territory |
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contraband |
items that are illegal to possess ex. drugs, weapons |
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intent
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the state of mind or mental element with which the act was done |
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status |
a condition or state of being it is not illegal to be addicted to an illegal drug- it is illegal to buy/sell it |
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causation |
cause and effect relationship between the accused and resulting harm A shoots B. B dies later from the resulting infection. A is liable |
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proximate cause |
act that starts a chain of events that increases risk A stabs B, who is a hemophiliac. increased danger=:( |
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legal impossibility |
if the intended result is not a crime, then the offender cannot be charged with attempt |
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physical impossibility |
physically impossible for the offender to complete the crime unloaded gun murder attempt |
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factual impossibility |
means that are used in an attempt, but are inadequate to complete the crime selling powdered milk as drugs |
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solicitation |
procuring another person for a crime prostitution |
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compounding felony |
agreeing to help conceal a felony/not prosecute/withhold evidence |
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vicarious liability |
accountability of one person over another parent/child ceo/company |
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Every crime requires an act, does the law allow a person to be charged by society merely for their thought? |
wtf do you think? |
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What is procuring and its three categories? |
the act of obtaining an illegal item or service 1-obtaining articles with intent to use them for criminal purposes 2-prohibition against those who procure (pimp/prostitute) 3-act of procuring another for a crime (solicitation) |
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An offense can be committed in three ways other than an offender acted by his/her own hand, what are they? |
1-through an inanimate agency (mailing anthrax) 2-through an innocent person (bank robbery) 3-through a nonhuman (organ grinder monkey) |
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What are the three rules for determining proximate cause? |
1-show a cause and effect relationship 2-the act of the accused started a chain of events that indirectly caused the harm 3-the act of the accused put the victim in a position that increased the risk to the victim of being harmed by some other cause |
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What are the three elements for the crime of attempt? |
1-Doing an act 2-With the goal of a crime 3-Falling short of actually committing the crime |
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How does assault differ from attempt? |
Attempt-an attempt at a crime Assault-places the victim in fear of bodily harm |
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What conspiracy entails and its four elements... |
conspiracy is two or more people planning to commit a crime 1-knew the unlawful purpose 2-each intended to play a part 3-each made clear their intent to contribute 4-each was accepted by the others as a member |
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What are the four ways for participation in a crime? |
1st degree-actually did the act 2nd degree-present and aiding, but did not do the act accessory before-not present, aided before through procuring/leading, etc accessory after-not present, aids after through assisting, relieving, receiving, etc knowingly |
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transferred intent |
a person plans to do something to a specific person, but inadvertently harms someone else. |
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general intent |
malevolent purpose |
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specific intent |
a specific wrongdoing |
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recklessness |
no mens rea, but acting in a way that can cause harm |
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What is negligence and its four elements? |
km |
