Thoery
Act
Harm
Mind
Homicide
100
Punishment is justified on the grounds that wrongdoing merits punishment
Retributivism
100
You found Debbie! +200 points
Debbayyy
100
one suffers from a disease or defect and is unable to control their actions and doesn’t act consciously
Insanity
100
Name the mental state:
He should be aware of a substantial and unjustifiable risk that the material element exists
Negligently
100
When a person (1) knowingly, intentionally, or purposefully, (2) with deliberation or premeditation, (3) causes another person’s death, (4) with malice.
First degree murder
200
the belief that by punishing an individual for criminal wrongdoing, the state can deter other would-be offenders in the future (general or specific?)
General deterrence
200
Name the relevant element of the act requirement
"The state cannot find a person criminally culpable for behavior that is constitutionally protected."
Wrongful
200
May the court change its interpretation of common law statutes to apply to the current case?
Yes. Common law interpretations are about deciding rules in unique circumstances, in a way that fits in our modern society, keeping up with the way things should be decided Rogers v. Tennessee
200
Name the mental state:
He is aware of such circumstances or hopes they exist
Purposefully/Intentionally
200
Reckless or depraved heart [killing] is also called?
Second degree murder
300
A judge has the discretion to increase a sentence only when considering ____
Real conduct
NOT perceived mindset or cruelty unless decided by a jury (Blakely/Booker)
300
the power and intention to exercise control, or dominion and control, over an object not in one’s actual possession
Constructive possession
300
A person is not guilty of an offense unless his liability is based on conduct that includes a ____ act
Voluntary
300
Name the mental state:
He is aware… that such circumstances exist
Knowlingly
300
Focus: Reasonableness of provocation
Words not enough; normally only applied to fixed categories including serious battery, mutual combat, and adultery.
Name the charge
Voluntary manslaughter
400
When is capital punishment appropriate?
Capital punishment must be limited to those offenders who commit a narrow category of the most serious crime and whose culpability makes them the most deserving of execution Kennedy v. Louisiana
NEVER for minors
400
Name a situation where one has breached a duty such that they can be found guilty for a crime for failure to act
Statute imposes a duty to care
One has a certain relationship with another
One has assumed a contractual duty to care
One has voluntarily assumed the care of another and so secluded the helpless person to prevent others from rending aid
400
the state of a person who, though capable of controlling their conduct, is not conscious of what he is doing
Automatism
400
Name the mental state:
He consciously disregards a substantial and unjustifiable risk that the material element exists
Recklessly
400
willfully, wantonly, and recklessly neglecting and failing to fulfill a legal obligation leading to death
Involuntary manslaughter
500
Name one expressive theory for punishment
Authoritative disavowal - punishment condemns and disavows offenses
Symbolic nonacquiescence - “speaking in the name of the people”
Vindication of the law - honoring statutes is important to making it clear they will be upheld
Absolutation of others - the absolution of the accused ensured only the guilty are punished
500
Name the at least 5 of the elements of the act requirement
The act requirement mandates that all punishment be for (1) past, (2) voluntary, (3) wrongful (4) conduct, (5) specified (6) in advance, (7) by a statute
500
A statute is ___ if:
It fails to provide the kind of notice that will enable ordinary people to understand what conduct it prohibits
It may authorize and encourage arbitrary and discriminatory enforcement
Vague
500
Strict liability is generally only appropriate when dealing with public welfare or regulatory offenses that _____ (2 things)
1. do not have significant penalties and
2. won't ruin the defendant's reputation
500
What is the agency approach to felony murder
Felony murder only applies if the death was in furtherance of the felony.