Constitutional Law
Which document is described as the "supreme law of the land"?
The U.S. Constitution.
Name the four written sources of American criminal law
The U.S. Constitution and state constitutions; statutes (federal, state, local ordinances); administrative regulations (rules of regulatory agencies); case law (court decisions).
What is corpus delicti and what basic components does it include?
Corpus delicti = proof that a specific crime has been committed; includes actus reus, mens rea, concurrence, causation, attendant circumstances, and harm.
Define a felony versus a misdemeanor in terms of punishment
Felony = punishable by death or imprisonment for one year or longer in state/federal prison; misdemeanor = punishable by less than one year in jail (or fines), depending on jurisdiction.
What is an alibi?
Alibi = proof the defendant was somewhere else when the crime occurred.
Which amendment reserves to the states all powers not granted to the federal government?
The Tenth Amendment.
Define statutory law and identify the levels of government that create statutes and ordinances.
Statutory law consists of laws enacted by legislative bodies — Congress at the federal level, state legislatures at the state level, and ordinances passed by cities and counties.
Define actus reus and give one example of an act of omission that could be criminal.
Actus reus = the guilty (prohibited) act. Example omission: failing to perform a legal duty (e.g., failing to file required tax returns or failing to care for a dependent when legally required).
What is an infraction and how is it usually punished?
Infraction = the least serious wrongdoing, usually punishable only by a fine.
Name two excuse defenses and briefly describe one (use chapter language).
Examples: Infancy (status of being below age of majority may excuse), Insanity (lack of criminal responsibility due to mental instability), Intoxication (voluntary or involuntary). Example description — Insanity: asserts defendant lacked requisite mental condition to be held criminally responsible.
Name one Fourth Amendment protection and one Sixth Amendment right that protect the accused.
Fourth Amendment protection from unreasonable searches and seizures; Sixth Amendment right to counsel or speedy trial or trial by jury or right to confront witnesses.
What is administrative law, and give one example of a regulatory agency that issues rules which can carry criminal penalties.
Administrative law = rules, orders, and decisions of regulatory agencies; example: Food and Drug Administration (FDA) (other examples: OSHA, EPA).
Define mens rea and list two mental-state categories included under mens rea.
Mens rea = guilty mental state or intent; categories include purpose, knowledge, negligence, recklessness.
Define mala in se and mala prohibita and give one example of each.
Mala in se = acts wrong in themselves (e.g., murder); mala prohibita = acts wrong because they are prohibited by statute (e.g., some regulatory offenses).
List the insanity tests discussed in the chapter (name at least two) and give a one-sentence description of each.
M'Naghten rule = inability to distinguish right from wrong; Substantial-capacity (ALI/MPC) test = lacks substantial capacity to understand wrongfulness or to conform conduct; Irresistible-impulse test = inability to control urges despite knowing act was wrong.
What happens when a law violates the U.S. Constitution?
If a law violates the Constitution, the United States Supreme Court can declare it unconstitutional and it will not be enforced.
Define case law and explain the doctrine of stare decisis
Case law is judge-made law based on court decisions; stare decisis is the doctrine obligating judges to follow precedents established within their jurisdiction.
What does concurrence require between actus reus and mens rea?
Concurrence requires that the guilty mind (mens rea) and the guilty act (actus reus) occur together.
What are strict liability crimes and why do they differ from other crimes regarding mens rea? Give one example noted in the chapter.
Strict liability crimes hold defendants guilty without proof of mens rea; they typically protect public welfare — examples: traffic laws, certain health and safety or drug regulations.
List the four requirements for duress to qualify as a defense
Duress requirements: (1) threat of serious bodily harm or death; (2) harm threatened greater than harm caused by crime; (3) threat immediate and inescapable; (4) defendant not at fault in creating situation.
Distinguish procedural due process from substantive due process
Procedural due process requires fair and orderly procedures before depriving life, liberty, or property; substantive due process requires that laws themselves be fair, reasonable, and serve a legitimate governmental objective.
There are "fifty-two different criminal codes." Explain what makes up those codes and name the constitutional principle that determines which law prevails when federal and state statutes conflict.
The "fifty-two different criminal codes" are the criminal codes of the 50 states, the District of Columbia, and the federal government. The Supremacy Clause establishes that federal law is the "supreme law of the land" and will prevail when it conflicts with state constitutions or statutes.
Explain causation, attendant circumstances, and harm, and why each must be proved.
Causation = the act must cause the harm; attendant circumstances = facts surrounding the event that must be proved (e.g., victim's protected status for hate-crime enhancements); harm = the injury or potential injury the law seeks to prevent.
Summarize first-degree murder, second-degree murder, and the distinction of voluntary manslaughter.
First-degree murder = willful, premeditated and deliberate killing (punishable by life or death in many jurisdictions); second-degree = killing with malice aforethought but without premeditation (wanton disregard); voluntary manslaughter = homicide with intent but without malice (heat of passion).
Explain the difference between the duty to retreat and "stand your ground" laws in the self-defense context.
Duty to retreat requires a person to take reasonable steps to avoid deadly-force confrontation if safely possible; "stand your ground" laws remove the duty to retreat in certain jurisdictions, allowing use of deadly force without retreat when facing a threat.