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38 Cards in this Set

  • Front
  • Back
Model Penal Code
A collection of criminal statutes; it was created for the states to adopt in whole or in part, and has helped create uniformity in criminal law.
Purpose of Criminal Law
To Prevent and Punish socially undesirable behavior.
To stop, discourage, or prevent a person from performing a certain act.
An act in violation of a criminal statute
Rebuttable Presumption
An inference that may be rebutted or challenged.
The process of helping a person attain or regain his or her potential as a citizen; may take the for of counseling or therapy.
The act of restraining a person from taking certain actions.
Punishment for a crime.
Mens Rea
Mental element of the crime, sometimes called the "guilty mind"
Actus Reus
The physical element of a crime; the guilty act or physical aspect of the crime.
Note: the action must be a voluntary act. The model penal code has a section describing what is considered voluntary.
An inference that may be rebutted or challenged.
What are the 4 types of Mens Rea?
1. Purposeful Act
2. Knowing Act
3. Reckless Act
4. Negligent Act
A logical conclusion of a fact that is not supported by direct evidence, a deduction made by a judge or a jury, based on common sense and the evidence presented in the trial.
Model Penal Code 4 acts that are considered not voluntary.
a. a reflex or convulsion
b.a bodily movement during unconsciousness or sleep
c. conduct during hypnosis or resulting from hypnotic suggestion.
d. a bodily movement that otherwise is not a product of the effort or determination of the actor, either conscious or habitual.
What are the two elements of a crime that must be met for Actus Reus to be considered?
The act must be physical and must be voluntary, meaning unrestrained.
Purposeful Act
An act that is performed willfully or voluntarily.
Knowing Act
An act that is performed consciously or with knowledge.
Reckless Act
An act in which a person is careless or indifferent to the consequences of the action.
Negligent Act
An act in which a person acts with a substantial and unjustifiable risk.
Do all crimes require a mental act?
NO. However, a physical act must always be shown. In statutes when mental and physical elements are required, they must concur, meaning act together, joining the physical and mental elements of the crime. The mental state must be the reason that the physical act occurred and must occur before the physical act.
The taking of a life by another.
First Degree Murder
A homicide that is premeditated, willful, deliberate.
A lesser crime than murder
Second Degree Murder
A homicide that involves an impulsive act, rather than a premeditated act.
Model Penal Code Definitions for homicide.
A person is guilty of criminal homicide if he purposely, knowingly, recklessly or negligently causes the death of another human being.
Criminal Homicide is murder, manslaughter or negligent homicide.
A reckless intentional touching of another person that is harmful or offensive.
It is both a crime and a tort (negligent act).
Note: doesn't have to be directly by a person, can be a roll of toilet paper as the example was used in class. Using an object to commit battery.
is placing another in apprehension or fear of an imminent battery; it is both a crime and a tort.
The person must experience fear of apprehension.
Kidnapping and False Imprisonment
Is the unlawful taking, confinement, and carrying away of another person by threat, force, fraud or deception. All kidnapping involve false imprisonment. Kidnapping is a felony.
False Imprisonment
False imprisonment is defined as the intentional interference with another person's liberty through force or threat without authority. Model Penal Code describes false imprisonment as " a person commits a misdemeanor if he knowingly restrains another unlawfully so as to interfere substantially with his liberty.
the unlawful entry of a structure or building for the purpose of committing a felony inside.
In a criminal case which side has the burden to prove that the elements to each crime charged are fulfilled?
What are the two plea choices for the defendant in a criminal case?
a. Not guilty (a factual plea that says the defendant did not commit the crime.
b. a defense; the explanation of why the person complaining should not prevail in his or her action.
If there are multiple defenses, each defense must be proven.
Beeman Error
An error in a jury instruction. In Roy v Gomez, the instruction failed to tell the jury that an aider and abettor (Roy) must not only know the unlawful purpoe of the accomplice but must intend to encourage or facilitate the commision of the offense (in this case robbery of mannix)
Are juveniles treated differently?
Yes. The juvenile justice system was created to protect children. In recent years there has been a move to treat juveniles who commit serious crimes, as adults.
Is the death penalty ok for juveniles?
No. In 2005 the U.S. Supreme Court held that the 8th and 14th Amendment forbid the imposition of the death penalty on persons who were under the age of 18 when they committed their crime.
What are the various dispositions available in the juvenile court in Ca?
1.Dismissal of case
2.6 months probation
3. Wardship and Probation
4 Relative home placement
5. Foster or group home placement
6. Private institution placement
7. County facility program
8. California Youth Authority
Name the differences in Juvenile Court vs Criminal Court terminology.
Juvenile Criminal
Petition Complaint
Detention Hearing Arraignment
Jurisdictional hearing Trial
Dispositional hearing Sentencing
Is there uniformity amongst the states in how the juvenile system works?
No. Some states judges sitting in juvenile courts may hear only juvenile matters, in other states, judges work both juvenile and adult criminal court.