Crim Law
Fundamentals
Fundamentals
What is the Latin term for "guilty mind," which is a necessary element in most crimes?
What is "Mens Rea"
What is the name of the case we read, which, while recognizing a duty to preserve one's own life, found that there was a higher duty to sacrifice one's own life for the good of the many?
What is "The Queen v. Dudley and Stephens"
Under 18 Pa.C.S. § 2501(a), this umbrella term—covering intentional, knowing, reckless or negligent killings—describes “death at the hands of another.”
What is criminal homicide
In Pennsylvania, a person need not have actual physical custody of drugs to violate § 780-113(a)(16); it suffices to show they knowingly had this “appreciable ability to guide its destiny
What is constructive possession
Offenses such as statutory rape, selling alcohol to minors, or traffic violations that impose liability without requiring proof of intent are known by this label
What are strict liability offenses
This charge requires proof that an individual drove, operated, or was in actual physical control of a vehicle after imbibing a sufficient amount of alcohol that rendered them incapable of safely driving.
What is General Impairment?
What is the doctrine that ensures due process by requiring criminal statutes to be publicly available and sufficiently clear to provide notice of prohibited conduct?
What is "The Fair Warning Doctrine"
In this 1970 California Supreme Court decision, the court held that an unborn but viable fetus is not a “human being” under Penal Code section 187 and therefore cannot be the subject of a murder charge.
What is Keeler v. Superior Court
Under § 2502(b), a killing that occurs during the perpetration or attempted perpetration of a listed felony—like burglary, robbery or rape—automatically qualifies as this degree of murder
What is second-degree murder
Under 18 Pa.C.S. § 3903, these three factors—the value or type of property stolen, the victim’s status (e.g. firearm, elderly), and location—determine whether theft is an M1, F3, or higher
What are the grading factors for statutory theft
What is the Eighth Amendment principle that requires a punishment to be appropriate for the crime committed, prohibiting sentences that are excessively harsh or not proportionate to the offense
What is "The Proportionality Requirement"
Defined as the portion of a highway used for vehicle travel (excluding sidewalks and shoulders), this term refers to each segment separately if the highway has multiple lanes.
What is a roadway?
The standard that must exist before an officer may make a warrantless arrest—facts and circumstances that would lead a reasonable person to believe a crime is being or has been committed.
What is probable cause
In this 1962 D.C. Circuit decision, the court reversed an involuntary manslaughter conviction because the trial court failed to instruct the jury that before punishing a death by omission, it must first find the defendant owed a “legal duty”—arising by statute, status relationship, contract, or voluntary assumption of care—to the victim.
What is Jones v. United States
If a death results from an unlawful act done in a reckless or grossly negligent manner (§ 2504(a)), the appropriate charge is this misdemeanor or felony depending on the victim’s age
What is involuntary manslaughter
This offense under 18 Pa.C.S. § 2706 is committed when a person communicates a threat to commit violence with intent to terrorize or cause a building evacuation or serious public inconvenience
What is terroristic threats
Under both 18 Pa.C.S. § 304 and MPC § 2.04, this defense applies when a bona fide, reasonable misunderstanding of a fact negates the element of intent required for the crime
What is the mistake of fact defense
This charge requires proof that an individual drove, operated, or was in actual physical control of a vehicle after imbibing a sufficient amount of alcohol that rendered them incapable of safely driving.
What is General Impairment?
Named for a 1975 U.S. Supreme Court case, this post‐arrest, pre‐trial inquiry requires a judge to decide—within about 48 hours—whether the affidavit of probable cause supports the charged offense.
What is a Gerstein hearing
In this 1975 Supreme Court decision, the Court upheld the conviction of Acme Markets’ CEO under the Federal Food, Drug, and Cosmetic Act, holding that any corporate officer who stands in a “responsible relationship” to a public‐welfare violation can be strictly liable for failing to prevent or correct the wrongdoing, even without proof of intent.
What is United States v. Park
A motorist texting at 70 mph veers onto the sidewalk and fatally strikes a pedestrian. Under Pennsylvania’s homicide statutes, this driver would most likely be charged with this offense
What is involuntary manslaughter
Section 505(a) permits the use of force when a person reasonably believes it is immediately necessary to protect himself against the unlawful force of another
What is Pennsylvania’s self-defense statute
In this 1875 Alabama case, the Supreme Court reversed an under-age voter’s conviction because his honest, reasonable belief about having turned twenty-one negated the “knowingly” mens rea for illegal voting
What is Gordon v. State
Refers to any location open to the public for vehicle travel by right or custom—even if it’s not a traditional road.
What is a trafficway?
In a statutory list joined by “or,” only one of the listed alternatives need be proved to satisfy the element.
What is a disjunctive interpretation (the “or” rule)
In this 1959 Pennsylvania Supreme Court case, the Court held that a tavern licensee could be fined for his employee’s sales of beer to minors and for permitting minors to frequent the premises, but ruled that imprisoning him—without evidence of his personal knowledge or participation—violated due process.
What is Commonwealth v. Koczwara
Voluntary intoxication is only a defense to this crime in Pennsylvania
What is "1st Degree Murder
Under § 309, this defense applies when a person engages in criminal conduct only because an unlawful threat of death or great bodily harm left a person of reasonable firmness no safe alternative
What is duress
In this 1975 Supreme Court decision, the Court upheld the conviction of Acme Markets’ CEO under the Federal Food, Drug, and Cosmetic Act, holding that any corporate officer who stands in a “responsible relationship” to a public‐welfare violation can be strictly liable for failing to prevent or correct the wrongdoing, even without proof of intent
What is United States v. Park
To prove this charge, the prosecution must show that an individual drove, operated, or was in actual physical control of a vehicle after drinking, and that their blood alcohol concentration was over 0.16% within two hours.
What is Highest Rate of Alcohol?