criminal law quizlet chapter 1
The guideline sentence depends on a combination of the seriousness of the crime and the prior criminal record of the offender, other than the fact of prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable doubt, "failure to exercise sound, reason- able, and legal decision-making; an appellate court's standard for reviewing a decision that is asserted to be grossly unsound, unreasonable, illegal, or unsupported by the evidence", conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests, to convict, the prosecution must prove beyond a reasonable doubt (1) a criminal act (in all crimes) (2) criminal intent (in some crimes), (3) concurrence (in all crimes), (4) attendant circumstances (in some crimes), and (5) that criminal conduct caused a criminal harm (in bad result crimes only), the requirement that all crimes have to include a voluntary criminal act, which is the physical element and the first principle of criminal liability, criminal intent, the mental element in crime, requiring a criminal act triggered by criminal intent, the principle of criminal liability that requires that a criminal intent has to trigger the criminal act, a "circumstance" connected to an act, an intent, and/or a bad result, crimes that include five elements: (1) a voluntary act, (2) the mental element, (3) circumstantial elements, (4) causation, and (5) criminal harm, the requirement that mental attitudes have to turn into deeds for a "crime" to be committed, conduct that includes a voluntary act satisfies the voluntary act requirement, defenses based on creating a reasonable doubt about the prosecution's proof of a voluntary act, defenses of excuse for criminal liability, which take place after the prosecution has proved the defendant's criminal conduct, the character or condition of a person or thing, the failure to act when there's a legal duty to act, not reporting something the law requires you to report, not actively preventing or interrupting injuries and death to persons or damage and destruction of property, a duty created by a statute, contract, or special relationship, and enforceable by law, imposes a legal duty to help or call for help for imperiled strangers, there's no legal duty to rescue or summon help for someone who's in danger, even if the bystander risks nothing by helping, pretending something is a fact when it's not, if there's a "good" reason for the pretense, physical control of banned items on my person, for example, marijuana in my pocket, banned items not on my person but in places I control, for example, in my car or apartment, items possessors are aware is either on their person or in places they control, items you possess but you don't know what they are, or blameworthiness, the idea that it's fair and just to punish only people we can blame, cause in fact, also called but for causation, the objective determination that the defendant's act triggered a chain of events that ended as the harmful result, such as the death in a homicide, the subjective judgment that it's fair and just to blame the defendant for the bad result, Latin for guilty mind, the mental element (also called "criminal intent," "evil mind," "mental attitude," or "state of mind") in crime, fault that requires a "bad mind" in the actor, requires no purposeful or conscious bad mind in the actor, liability without either subjective or objective fault, the intent to commit the criminal act as defined in a statute, subjective fault; it refers to criminal intent in addition to the criminal act, where "general intent" refers to the intent to commit the actus reus of the crime, and "plus" refers to some "special mental element" in addition to the intent to commit the criminal act, the mental attitude that a person acts purposely with respect to a material element of an offense when, if the element involves the nature of his conduct or a result thereof, it is his conscious object to engage in conduct of that nature or to cause such a result, the mental attitude that a person acts knowingly with respect to a material element of an offense when: (1) if the element involves the nature of his conduct or the attendant circumstances, he is aware that his conduct is of that nature or that such circumstances exist; and (2) if the element involves a result of his conduct, he is aware that it is practically certain that his conduct will cause such a result, the mental attitude that a person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The Following are not subject to the operation of Philippine Criminal Law 1. Criminal law - A branch of municipal law which defines crimes, treats of their nature and provides for their punishment. Criminal Law Chapter 11. Sovereigns and other heads of state 2. 1.1 Introduction; 1.2 Criminal Law and Criminal Procedure; 1.3 The Difference between Civil and Criminal Law; 1.4 Classification of Crimes; 1.5 The Purposes of Punishment; 1.6 Sources of Law; 1.7 End-of-Chapter Material; Chapter 2: The Legal System in the United States. 1. 3. 1. We weren't able to detect the audio language on your flashcards. A courts scope of power to act with respect to any case before it.
General intent is the intent to commit an act that is criminal and forbidden by the s... Retribution is another ideology of pro-death penalty advocates, which refers to punishment for offenders that is equal to the crime committed. According to Kent Greenwalt (1983), both retributive, as well as the utilitarian perspective in relation to justification of societal punishments were prevai... (1350)Against the Death Penalty: An Analysis of Reiman’s “Moderate” Retribution Theory The statement is concerned with the fundamental purpose of punishments and the implications for society. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Add to folder[?]
You have created 2 folders. Historically, law from America's colonial and English past, which has set precedents that are still sometimes followed today. It looks like your browser needs an update. The three perspectives of the criminal justice system. Aug 2010. Conduct that unjustifiable and inexcusably in flex or threatens substantial harm to an individual or public interest, Private wrongs for which you can sue the party who wronged you and recover money, (inherently evil) offenses that require some level of criminal intent, Are crimes only because of a specific statute or ordinance that prohibits them, Crimes punishable by death or confinement in state prisons for one year to life without parole, Offenses punishable by fine and or confinement in the local jail for up to one year, Principles that apply to more than one crime, Find specific crimes in arranges them into groups according to subject matter, Crimes that make one person criminally liable for someone else's conduct, Judge made law, the original source of law, in which judges court opinions formed the law, Crimes created before legislatures existed and when social order depended on obedience to unwritten rules based on community customs and traditions that over the centuries became incorporated into court decisions, Written definitions of crime and punishment enacted by legislatures and published, Proposed criminal code drafted by the American Law Institute and used to reform criminal codes, Modern penal codes analysis of criminal liability, Analysis of statutes and cases to determine what behavior deserves criminal punishment and it's definition of criminal liability "conduct that unjustifiable and inexcusable inflicts or threatens substantial harm to an individual or public interest", Violations of federal and state agency rules that make up a controversial but rapidly growing and source of criminal law, 52 criminal codes one for each of the 50 states one for the district of Columbia and one for the US criminal code, Measured by the number of prisoners per hundred thousand people in the general population, Intentionally inflicting pain or other unpleasant consequences on another person, Penalties that meet for criteria 1) inflicts pain or other unpleasant consequences 2) prescribes a punishment in the same law that defines the crime 3) administrated intentionally 4) administrated by the state, Inflicting on offenders physical and psychological pain so that they can pay for their crimes, Punishment is the only means to a greater good usually the prevention or at least the reduction of future crime, Only someone who intends to harm her victim deserves punishment; accident don't qualify, Depends on culpability only those who deserve punishment can justly receive it, Aims by the threat of punishment to prevent the general population who haven't committed crimes from doing so, Ames by punishing already convicted offenders to prevent them from committing any more crimes in the future, Prevents convicted criminals from committing future crimes by locking them up or more rarely by altering them surgically or executing them, Aims to prevent future crimes by changing individual offenders so they'll want to play by the rules and won't commit any more crimes in the future, The natural law of human beings seek pleasure and avoid paying, The natural law of individual can to maximize pleasure minimize pain permitting human being apply natural law mechanic, Rational human beings won't commit crimes if they know the pain of punishment always the pleasure gain from committing crimes, Permits only the minimum amount of pain necessary to prevent a crime, Crime is a disease in criminals are sick in need of treatment and cure, Forces beyond offenders control cause them to commit crimes, Prison release depend on the rehabilitation of individual prisoners, Sentences depend on the criminal harm suffered by the victim not the rehabilitation of the offender, Which means that the persecution has the burden of proof when it comes to providing the criminal act and intent, To have to prove beyond a reasonable doubt every fact necessary to constitute the crime charged, Voluntary criminal acts triggered by criminal intent, Evidence that removes an actual and substantial doubt about the defenders guilt, A real insubstantial uncertain about guilt and uncertainty that would cause a reasonable person to hesitate before acting on an important matter, Cases where they cues give up their right to a jury trial and are tried by judge decides whether prosecutors have proven their guilty, Latin for body of the crime it refers to the body of the victim and homicide and to the elements of the crime in other offense, Defendants have to start matters off by putting in some evidence in support of their defense of justification and excuse, To make defendants responsible for presenting evidence in their own justification or excuse defense, Defendants have to prove their justification or excuse defense by the preponderance of evidence, More than 50% of the evidence proves justification or excuse, The invisible day to day process in which law-enforcement professionals make judgment based on unwritten rules the training and their experience, Doesn't mean it means the government didn't prove its case beyond a reasonable doubt, Wrigley not necessary for factual guilty it means the government prove its case beyond a reasonable doubt, Where the cases for the state and the defense are presented; their witnesses and physical evidence are introduced and the fact finders decide what the true story is whether the evidence all adds up to proof of guilty beyond a reasonable doubt, In most states and the federal government the two levels of appeals court and intermediate court of appeals in the Supreme Court, The courts judgment sometimes called the courts decision is how the court disposes of the case, The point of the story the court backs up its judgment by explaining how and why is it applied the law to the facts of the case, The legal rule of the court has decided to apply to the facts of the case, The reason the court gives to support it's holding, The law of the case; the opinion of the majority of the justices on the court who participated in the case, Agrees with the conclusion of either the majority or the dissenting opinion but provides different reason for reaching the conclusion, An opinion that represents the reasoning of the greatest number of the justices, The numbers, letters, and punctuation that tell you where to locate the full case report; they follow the title of the case in the excerpts or in the bibliography at the end of the book, the majority can't make a crime out of conduct protected by the fundamental rights in the U.S. Constitution, the idea that government power should be defined and limited by laws, no one can be convicted of, or punished for, a crime unless the law defined the crime and prescribed the punishment before the person engaged in the behavior that was defined as a crime, a retroactive law that does one of three things: (1) criminalizes an act that wasn't a crime when it was committed, (2) increases the punishment for a crime after the crime was committed, or (3) takes away a defense that was available to a defendant when the crime was committed, the principle that statutes violate due process if they don't define a crime and its punishment clearly enough for ordinary people to know what is lawful (Lanzetta v. New Jersey 1939, 453), in ex post facto laws, it isn't whether the defendant knows there's a law against the act but whether an ordinary, reasonable person would know that the act is a crime, a constitutional command that criminal laws can treat groups of people and types of conduct differently only if the different treatment is reasonable, nonverbal actions that communicate ideas and feelings, protects speech guaranteed by the First Amendment by invalidating laws written so broadly that the fear of prosecution creates a "chilling effect" that discourages people from exercising that freedom, "the right of law- abiding, responsible citizens to use arms in defense of hearth and home", [The law is constitutional law as long as it is substantially related to an important government interest, such as protecting the First Amendment right to the free exercise of religion.
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