Overview of Criminal Law
What are 3 collateral consequences of a felony?
•Exclusion from Voting
•Exclusion of future purchase of firearms
•Exclusion from Jury Service
•Barred from Federally funded housing
•Exclusion from certain jobs & professional licenses
•Ineligible to enlist in the armed forces
•Grounds for divorce/termination of parental rights
Which of the following is the lowest court in the Federal System?
A.The United States Supreme Court
B.The Federal Court of Appeals
C.The Federal District Court
D.The Federal Circuit Court
Which of the following is the lowest court in the Federal System?
C.The Federal District Court
According to the general principle of actus reus, every crime has to include at least one __________.
Voluntary Act
What is an ex post facto law?
Ex Post Facto Laws:
1.Criminalize an act that was innocent when committed
2.Increase the punishment for a crime after the crime was committed
T/F In a strict liability offense, there must be concurrence which is the joining of the mens rea and actus reus.
False. Strict Liability Offenses require NO mens rea
Jill Jones committed a robbery offense that is a crime punishable by up to five years in prison. The judge sentenced her to 10 months incarceration and 1 year community service, since this was Jill’s first offense. Jill committed a:
a. felony
b. misdemeanor
c. Capital crime
d. None of the above.
a. felony
Felonies: crimes where the possible punishment is death or confinement in prison one year or more.
When the Supreme Court decides to hear a case they issue a document called a writ of certiorari.
a. True
b. False
When the Supreme Court decides to hear a case they issue a document called a writ of certiorari.
a. True
T/F. In King v. Cogdon, the court held that Mrs Cogdon was responsible for killing her daughter.
False. The jury acquitted her because the act of killing itself was not, in law, regarded as her act at all - she was sleeping.
In State v. Metzger the court found that the statute criminalizing indecent behavior was unconstitutional because it was vague.
True or False
True
T/F The Mens Rea is not the motive of a crime
True. Mens Rea is the criminal INTENT. Motive is the reason or why behind the crime.
What is Substantive Criminal Law?
Substantive Criminal Law – Defines crimes and their punishment; includes the mental, physical elements of crime, and defenses.
What is the highest court in New York State?
New York Court of Appeals
Did the police violate Greenwood's Fourth Amendment rights when they searched his garbage without a warrant?
What are 2 categories of speech that are not protected by the first amendment?
- Obscenity
- Profanity
- Libel and slander
- Fighting words
- Clear and present danger
In the Model Penal Code, the most blameworthy state of mind is
Purposely
What are the four primary sources of laws?
1.United States Constitution
2.Federal and State Statutes - Written definitions of crimes and punishment enacted by legislatures
3.Administrative Regulations
4.Case Law & Judicial Opinions: Judge made law. The opinion of the majority of the justices on the court who participated in the case.
Explain the principle of stare decisis.
Explain the actus reus of this statute: A person is guilty of trespass when he knowingly enters or remains unlawfully in or upon premises.
Explain the actus reus and mens rea of this statute: A person is guilty of trespass when he knowingly enters or remains unlawfully in or upon premises.
The Actus Reus is entering or remaining unlawfully in or upon premises.
What are the 2 categories of punishments have the US Supreme Court held are prohibited by the Eighth Amendment?
Barbaric and Disproportionate
T/F. If a defendant did not know her act was illegal she cannot be guilty of the crime.
False.
The law presumes that the defendant knows the law they are breaking
Ignorance of the law Is not a defense!