Purposes of Criminal Law
theory that purpose of punishment is to allocate moral blame to the offender for the crime
What is retributive theory?
Central Intelligence Agency
Environment Protection Agency
Commodity Futures Trading Commission
What are administrative agencies?
refers to crimes that we believe are evil in their nature
What is malum in se?
probate, family court, and superior courts
What are state trial courts?
can constitute a crime with actus reus only
What is a strict liability crime?
punishment designed to prevent the general public from committing a crime
What is general deterrence?
piracy, treason, counterfeiting
What are constitutional crimes?
crimes which are regulatory
What is malum prohibitum?
cases arising from federal statutes, the Constitution, or treaties.
What is original federal jurisdiction?
can be lacking but still can constitute a crime
What is mens rea?
Goal of punishment is to prevent future crime (deterrence)
What is utilitarian theory?
prescribe rules created by an administrative agency that may be punishable as a crime.
What are administrative crimes?
Can be punished as felony or misdemeanor
What are felony-misdemeanors?
District Courts (trial courts) 94
Circuit Courts (first level of appeal) 12 regional circuits
Supreme Court of the United States (final level of appeal)
What is federal court system?
the coexistence same time of
What is concurrence?
Does not question the effectiveness of punishment.
What is retribution?
may still be based on common law
What are state crimes?
A criminal offense punishable by death or incarceration in a prison facility for at least one year.
What is a felony?
double jeopardy does not apply
What is between federal and state court?
intention, recklessness, knowledge
What are factors of mens rea?
Remove/limit the opportunity for the individual to commit a crime.
What is incapacitation?
Legislature cannot delegate power to administration for these purposes
What is punishment and trial?
A minor violation of a state statute or local ordinance punishable by a fine.
What is a infraction?
when cases that are based on state law can be brought into federal court if the plaintiff and defendant are from different states.
What is federal diversity jurisdiction?
A traffic offense is an example of this type crime
What is strict liability?