Chapter 1: Criminal law Basics
A crime is a wrong against society; a tort is a wrong against an individual.
What is the difference between pure democracy and constitutional democracy?
In pure democracy, the majority can do anything. Constitutional democracy limits government through a constitution.
Actus reus, mens rea, and concurrence.
The required mental state must coincide with the criminal act. Strict liability crimes are an exception under your notes.
Alibi, justification, and excuse.
A felony is punishable by death or confinement of at least one year under your notes. A misdemeanor carries a fine or confinement of less than one year.
The government can punish someone only when a specific law defines the crime and its corresponding punishment.
What two requirements generally make a bodily movement a voluntary act?
Bodily movement and free will.
What is the but-for test?
Would the harm have occurred but for the defendant's act? It tests factual causation.
A perfect defense results in acquittal; an imperfect defense may reduce the offense.
What do malum in se and malum prohibitum mean?
Malum in se means inherently evil; malum prohibitum means wrong because a statute prohibits it.
Name the three types of ex post facto laws described in your notes.
Criminalizing an act after it occurred; increasing punishment after the crime; or removing a defense that existed when the crime occurred.
Name three sources that can create a legal duty to act.
Statutes, contracts, and special relationships.
A coincidental act generally breaks the chain unless foreseeable. A responsive act breaks it only if abnormal and unforeseeable.
Nonaggressor/unprovoked attack, necessity, proportionality, and reasonable belief.
Name the two main goals of punishment.
Retribution and prevention.
What is the void for vagueness doctrine?
A law may be invalid if it fails to clearly explain what conduct is prohibited.
What is the difference between actual possession and constructive possession?
Actual possession means direct physical possession & constructive possession means control over an item without necessarily physically holding it.
Recklessness
A person attacked in their home generally has no duty to retreat when the legal requirements for the exception are met.
What are the four types of prevention?
General deterrence, special deterrence, incapacitation, and rehabilitation.
Name the three levels of review used in equal protection analysis.
Strict scrutiny, intermediate (heightened) scrutiny, and rational basis review.
What are the two approaches to a person's failure to intervene to prevent harm?
The Good Samaritan approach and the American Bystander Rule.
Knowledge involves awareness that a result is practically certain; negligence involves failing to perceive a substantial risk.
Identify the evils, rank the evils, and choose the lesser evil to avoid the greater evil.