Sources and Types
Two types of Felonies
What is Felonies against Person and Felonies against Property?
Believes in inflicting "hard treatment" on offenders so they can pay for their crime
What is Retributionists?
The idea that government power should be defined and limited by laws
What is Rule of Law?
The only direct evidence of mental attitude
What is Confessions?
The burden of proof is their responsibility
What is The Prosecution?
To classify as a Mala in se (inherently evil) crime, the crime requires
What is Criminal Intent?
The principle laid out in the 8th Amendment and later interpreted by the Supreme Court in Weems v. U.S (1910)
What is the Principle of Proportionality?
"No crime without law, no punishment without law"
What is Principle of Legality?
Requires that criminal intent (mens rea) triggers criminal act (actus reus)
What is the Principle of Concurrence?
Defendants admit what they did was wrong, but that they were not responsible for their actions under the circumstances
What is Justification Defenses?
After 1962, more than 40 states changed their criminal codes to better reflect
What is the Model Penal Code? (MPC)
Only someone who intends harm deserves to be punished; accidents do not count
What is Culpability?
The Supreme Court ruled that _____ laws violate the guarantees of the 5th and 14th amendments
What is Vague (void for vagueness)?
To prove causation, you need two kinds of cause
What is Factual Cause and Legal Cause?
The three circumstances that excuse self-defense
What is a great necessity, in existence now, and all actions are preventative
The most prevalent source of criminal law is found in ____ created by state legislatures, and _____ created by city and town councils
What is State Criminal Codes and Municipal Codes?
This theory argues that rational humans won't commit crimes if they know the pain of punishment outweighs the pleasure of committing the crime
What is Classical Deterrence Theory?
Two types of cruel and unusual punishment
What is Barbaric and disproportionate to the crime?
Deliberate, intended, conscious, knowing, and planned are all examples of language referring to
What is General Intent?
Common law has decided that this age group has the same capacity as adults
What is Over age 14?
Private wrongs
What is torts?
The Amendment that assures people are not criminally punished for their expressive behavior
What is the First Amendment?
Intended to make sure offenders who are convicted of a third felony are locked up for a very long time
What is three strikes laws?
Liability that is imposed for someone else's acts; the transfer of actus reus and mens rea from one person to another because of their relationship
Convinces judges or juries that defendants don't deserve the maximum penalty for the crime they are convicted of
What is Mitigating Circumstances?