Constitutional Limits on Criminal Law
True or False. The word privacy is not in the Constitution.
True
Julio is sleeping on the couch in his living room when his wife arrives home from work. He is having a nightmare in which a man is trying to kill him. His wife bends towards him on the couch to give him a hug and a kiss. Julio strangles his wife thinking she is the man in the dream. Julio is not guilty because of what missing element?
A voluntary act
Under the principle of retribution, the goal is to Punish the offender to make an example of them to prevent others from committing future crimes. True or False?
False.
General Deterrence: The goal is to Punish the offender to make an example of them to prevent others from committing future crimes
The goal of sentencing under RETRIBUTION is to punish deserving offenders in a manner that is proportionate to the gravity of their crimes.
In the case citation 319 N.W. 2d 459, the number 459 represents the ______.
The Page where the case begins in the volume
What are three-strikes laws?
Three strikes laws are supposed to make sure that offenders who are convicted of a third felony get locked up for a very long time (sometimes life).
*Make sure you know at least one argument for (deters crime; incapacitation; justice for victims) and one argument against (costly; no effect on crime; judges lose discretion) three strikes laws
Which amendments to the Constitution resulted in the void-for-vagueness doctrine?
5th and 14th
True or False. The court in People v. Oliver held that Oliver had a special relationship with Carlos Cornejo, which placed upon her a duty to aid him.
True
In a strict liability offense, there must be concurrence which is the joining of the mens rea and actus reus.
True or False?
False.
Strict Liability Crimes require NO Mens Rea
What branch of law defines crimes and their punishment?
Substantive Criminal Law
What are the two types of punishment that the Supreme Court has held to be cruel and unusual?
The Supreme Court has held cruel and unusual to be:
1.Barbaric punishment – punishments that are no longer accepted in civilized society
2.Disproportionate punishment - the principle of proportionality means the punishment should fit the crime.
What was the legal issue in California v. Greenwood?
Did the police violate Greenwood's 4th amendment rights when they searched his garbage without a warrant?
What is the actus reus of this statute: A person is guilty of trespass when he knowingly enters or remains unlawfully in or upon premises.
Entering or remaining unlawfully upon premises
Which theory of punishment is to prevent future crime by making it physically impossible for the offender to harm society at large?
Incapacitation
Which of the following is the lowest court in the Federal System?
Federal District Court
In Roper v. Simmons (2005), the Supreme Court held that the Eighth Amendment forbids the execution of ___________.
In Roper v. Simmons (2005), the Supreme Court held that the Eighth Amendment forbids the execution of offenders who committed their crimes when they were under the age of 18.
What are two Categories of speech not protected by the First Amendment?
•Obscenity
•Profanity
•Libel and slander
•Fighting words Clear and present danger
Which doctrine imposes a legal duty to help or call for help for imperiled strangers?
Good Samaritan Doctrine
What is the mens rea of this statute: A person is guilty of trespass when he knowingly enters or remains unlawfully in or upon premises.
Knowingly
Prosecutors who work in Federal Court are known as:
US Attorneys
What was the court's ruling in Kennedy v. Louisiana?
It is unconstitutional to sentence someone to death for child rape
What is an ex post facto law?
Increases the punishment for a crime after the crime was committed
or
Criminalizes an act the was innocent when it was committed.
Tim was in the passenger seat of the car and Mark was in the backseat. Officer Gonzalez stops the car because John failed to stop at a red light in Brooklyn, NY. When Officer Gonzalez asks John to wind down the window the strong smell of marijuana radiates from the car. The smell of marijuana gave Officer Gonzalez probable cause to search the vehicle. Upon searching the car, Officer Gonzalez discovered a loaded handgun in the glove compartment. Who can Officer Gonzalez lawfully arrest for the possession of the handgun? Explain why.
All of the occupants in the car. In NY if the police find a gun in a vehicle; all of the occupants are presumed to be in possession of said gun.
the mental element of a crime (also called “criminal intent”)
List the 4 sources of Criminal Law
United States Constitution
Federal and State Statutes
Administrative Regulations
Case Law & Judicial Opinions
What is the court's ruling in Atkins v. Virginia?
Death penalty for mentally ill offenders is cruel and unusual punishment if:
1.The person has substantial intellectual impairment
2.That impairment impacts the everyday life of the individual
3.Impairment is present at birth or during childhood