1. Criminal Law Purpose
This branch of government is responsible for enacting criminal laws.
The Legislative Branch
This is the power of government to create and enforce laws.
Jurisdiction (government)
This Latin term is required in the prosecution of every criminal offense.
Actus Reus (i.e., prohibited conduct, or failure to act)
These have jurisdiction over defendants who cannot be tried in criminal court due to infancy.
Juvenile Courts
This is a level of force that is likely to cause or capable of causing death or serious bodily injury.
Deadly Force
These types of laws seeks to address private wrongs between individuals.
Civil Laws
This system of government gives "police power" to the several states to enact and enforce their own criminal laws.
Federalism
This is a standardized framework for modernizing criminal statues. It is has been a template for criminal law reform in over half of U.S. states. It was drafted by the American Law Institute (ALI) and published in 1962. However, not all U.S. states have adopted it in creating their criminal laws.
The Model Penal Code (The M.P.C.)
This is conduct by a child that, if committed by an adult, would be a violation of the criminal law.
Juvenile Delinquency
The common-law rule imposes this on a person before they can use deadly force.
Duty to retreat (remember, not all jurisdictions adhere to the common-law rule)
These types of laws address wrongs inflicted upon the government.
Criminal Laws
In the U.S. Constitution, this gives the federal government jurisdiction over crimes involving interstate commerce.
The Commerce Clause
In the prosecution of this type of crime, proof of mens rea is not required.
Strict Liability Crimes (e.g., running a red light, statutory rape, possession of controlled substances, etc.)
The MPC contains a standard called the "substantial capacity test", which purpose is to detainee whether a defendant possess this.
Criminal Responsibility
This excuse requires these three elements:
1)the unlawfulness of the other
2) the necessity to act immediately, and
3) the reasonableness of the act under the circumstances
Self Defense
This branch of government administers and enforces the laws.
The Executive Branch
This government would have jurisdiction if a crime (1) is committed beyond the jurisdiction of any state, (2) interferes with the activities of the federal government, or (3) is committed against federal officers.
The Federal Government/ The U.S. Government
These types of crimes are complete before the defendant completes the underlying principal crime.
Inchoate Crimes (i.e., Solicitation, Attempt, and Conspiracy)
If a defendant has an inability to cooperate with their attorney and to understand the charges and proceedings against them, then they lack this.
Competency to Stand Trial
This rule gives an occupant the privilege not to retreat from the home before using deadly force.
The Castle Doctrine
These are the four goals of the criminal justice system and criminal laws.
(1) Deterrence, (2) Protect society, (3) Punish, & (4) Rehabilitate
This refers to the removal of a person from one jurisdiction to another so they can face changes in the requesting jurisdiction.
Extradition
This rule states that one conspirator is liable for crimes committed by another conspirator, if foreseeable and done in furtherance of the conspiracy.
The Pinkerton Rule
The Defendant
These laws allow one to use deadly force in response to an unlawful attack. No duty to retreat is imposed.
Stand Your Ground Laws