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What is the difference between criminal law and civil law?
Civil law: resolves disputes between people and businesses
Criminal law: punishes people who commit crimes against society
How does Common Law and MPC differ with regards to Mens Rea?
Common law:
uses vague terms like general intent
MPC: v
very clearly uses 4 levels of culpability to establish innocents and guiltiness
How does causation play into criminal liability?
connects a defendant's conduct to a resulting harm +serving as a required element to prove a defendant is guilty
EX. mike puts laxitives in his roommates food and he gets sick. that action caused him to be sick.
What is the difference between burden of proof in a civil cased and a criminal case?
Criminal Case Burden of Proof:
The government (prosecution) holds the burden, the standard is beyond a reasonable doubt.
Civil Burden of Proof:
The person filing the suit (plaintiff) holds the burden. And must show a claim is more likely true than not true
Why must an act be voluntary?
Because criminal law is meant to punish blameworthy acts and if your forced to do something why would you get in trouble.
What is legal duty to act?
mandatory obligation requiring a person or business to take specific steps to prevent harm to others.
this is only when:
-you created the risk
-you have a special relationship
-contracts EX. lifeguard that's in you contracts to help
-statues
What is the difference between Common Law and The Model Penal Code?
Common Law:
Unwritten laws made by the courts. relias on intent, and malice
MPC:
a standardized, codified set of criminal laws proposed by legal experts as a guideline for states to modernize their statutes. created once in 1962.
levels of culpability purposefully, knowingly, recklessly, negligently
What's the difference between motive and intent?
Motive:
why someone did something
Intent:
what they wanted/expected to happen.
whats the difference between specific and general intent?
general:
the desire to do the act
specific:
requires an extra mental state or the desire to achieve a specific outcome beyond that act
Why was the MPC created?
to modernize, standardize, and simplify the messy criminal law system
what are the 4 levels of Culpability? Explain?
Purposely:plan and mean to commit a crime
Knowingly: you know your actions will likely commit a crime
Recklessly:you see there is a risk but ignore it anyways
Negligently: Failing to see the risks of something that a regular person would see
what is Creation of Peril?
legal principle stating that if your own careless or wrongful conduct puts someone else in danger, you legally must take reasonable steps to help or protect them.
one of the legal duty to act exseptions
Define and differentiate between Actus Reus and Mens Rea
Actus Reas:
The physical component or the voluntary action (or failure to act)
Mens Rea:
The psychological component (were they A wear of the crime they were committing)(4 levels of culpability)
what does “concurrence of events” mean?
more than one thing happening at the same time
or the mens rea and actus reas happening at the same time THEY HAVE TO!
What is Possession as an Act?
a legal principle stating that knowingly having control or custody of an item counts as a voluntary act, making a person responsible under the law
ex. A police officer stops a pedestrian and finds an unlicensed handgun tucked into the waistband of their pants.