Introduction & Theories
What standard of proof is required in criminal cases and which case held this standard?
Beyond a reasonable doubt; In re Winship
Mistake of Law: _______ is never a defense UNLESS citizens have no fair notice about a law existing.
Ignorance
Name the four mental states recognized by the MPC.
Purpose, knowledge, recklessness, negligence
What phrase defines first-degree murder?
Willful, deliberate, and premeditated
TRUE CRIME: Which serial killer sent complex coded messages to the media?
Zodiac Killer
TRUE CRIME: Which criminal murdered Sharon Tate?
Charles Manson
TRUE CRIME: What do Aileen Wuornos, Sara Maria Aldrete, Karla Homolka, and Elizabeth Bathory have in common?
Female Serial Killers
Most jurisdictions have abolished the common-law doctrine that allowed courts the power to create ________.
New crimes
TRUE CRIME: The St. Valentine's Day Massacre is associated with which famous mobster?
HINT: A portion of the wall where victims were shot is featured in the Mob Museum in Las Vegas.
Al Capone
Name three categories that provocation is limited to.
Mutual combat, extreme assault and battery, illegal arrest, extreme assault and battery upon a close relative, viewing adultery.
What are the two requirements of the harm principle?
Wrong + setback
Name the three requirements for mistake of fact to be a defense.
The mistake must be (1) honest and (2) reasonable and the defendant's conduct must be (3) otherwise blameless.
TRUE CRIME: In which city did H.H. Holmes have his Murder Castle?
HINT: Holmes is the subject of the true crime book "Devil in the White City."
Chicago
What is the difference in first-degree murder in a Carroll jurisdiction v. a Guthrie jurisdiction?
Carroll: All intentional killings are first-degree murder.
Guthrie: All intentional killings with a proper period of reflection are first-degree murder.
Name three subjective factors that are relevant to a claim of provocation.
Cultural background, age, history of abuse, mental disorders, gender.
Name three crimes mentioned in class that are underenforced.
White collar, police misconduct, sexual violence
Desiree gives Jacob marijuana to transport across state lines with the intent to sell it. Jacob happily agrees. Unknown to Jacob, Desiree has also included heroin in the package. Jacob is pulled over and charged with transportation of heroin, even though he did not know there was heroin in the package.
Which approach does this illustrate? Is this the minority or majority view?
Lesser Crime Approach
Majority View
There are two forms of Eighth Amendment proportionality. Name them.
1. Individual sentences must not be grossly disproportionate to the crime.
2. Certain categories of punishments are never proportionate to the crime.
______ is not required as part of the standard distinguishing between first- and second-degree murder.
Motive
According to Girouard, words can only contribute to provocation if they accompany...
Conduct indicating an intent and ability to cause bodily harm.
Explain the difference between negative retributivism and vengeance.
Negative retributivism looks at moral culpability. Vengeance looks at the harm committed without considering culpability.
Give three reasons why strict liability crimes are used.
Legislative intent, opportunity for defendant to gain required knowledge, public protection, small punishment, small social stigma, efficient to prove, obstruction of statute if mens rea is required, doesn't require mens rea.
In the Cogdon case, the defendant was acquitted because their action was considered non-voluntary. What was the "action" and what jurisdiction allows for the non-voluntary designation?
Sleeping.
MPC
Give three pieces of evidence that point to premeditation according to Anderson (and Guthrie).
Conduct before killing (planning), relationship to victim (motive), manner of killing (design).
Name the subjective and objective factors that assess whether a claim of extreme emotional disturbance can mitigate murder to manslaughter.
Subjective: Understand the world as the defendant would have understood it.
Objective: Was it reasonable that they were so disturbed?