Punishment
Almost all criminal convictions in the United States occur this way, instead of through trial.
What is plea bargaining?
This person assisted the offender before or during a crime and generally faces the same criminal consequences.
What is an accomplice?
An otherwise criminal action believed to be necessary to prevent a harm, where the harm prevented is worse than the legal alternative.
What is the defense of necessity?
This crime was traditionally defined as killing with malice aforethought.
What is common law murder?
Draco committed this crime when he pushed Potter down the stairs.
What is battery?
This type of sentence is of a fixed length.
What is a determinate sentence?
What is vicarious liability?
When at the time of an act a person did not know the quality and nature of the act or did not know that the act was wrong.
What is the M'naghten test for the insanity defense?
This crime was traditionally defined as forceable carnal knowledge of a woman against her will.
What is common law rape?
Draco committed this crime when he and a partner robbed Gringott's bank and his partner zapped a teller with a destruction spell (that killed the teller)
What is felony murder?
This traditional purpose of punishment involves removing an offender from society or preventing the opportunity for future offense.
What is incapacitation?
This offense occurs when a person fails to complete the crime.
What is attempt?
When a person acts under threat of an imminent harm by another that causes the person to commit a crime.
What is duress?
This crime was originally defined as the forceable abduction of a person from his or her own country and sending him or her to another country.
What is common law kidnapping?
Draco committed this crime when he took a swing at Potter and missed.
What is assault?
The 8th Amendment prohibits this type of punishment.
What is cruel and unusual punishment?
This crime consists of commanding, hiring or encouraging another person to commit an offense.
What is solicitation?
When a person claims that they could not form an intent because they were under the influence of a substance.
What is the intoxication defense?
The common law version of this crime was called "break of the peace." It punished anyone who disturbed the tranquility of the citizenry.
What is disorderly conduct?
Draco committed this crime when he offered to pay five gold pieces to anyone who would steal Potter's shoe.
What is solicitation?
This traditional purpose of punishment is based on just deserts or "an eye for an eye"
What is retribution?
This crime is actually an agreement to commit a crime.
What is a conspiracy?
Action taken based on reasonable belief in the immediate necessity to employ proportional force to protect against unlawful force.
What is self defense?
At common law this offense could only be prosecuted if the victim died within a year and a day.
What is common law murder?
Draco committed this crime when he publicly brawled with Dobby and yelled obscenities at Hedwig.
What is disorderly conduct?