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Law and Punishment
Constitutional Limits
Criminal Liability
General Principles
Justifications
100
Evidence that removes an actual and substantial doubt about the defendant's guilt
What is proof beyond a reasonable doubt
100
The idea that government power should be defined and limited by the laws
What is rule of law
100
Voluntary bodily movements
What is criminal acts
100
Fault that requires a "bad mind" in the actor
What is subjective fault
100
A criminal act triggered by criminal intent
What is Criminal conduct
200
The prosecution has the burden of proof when it comes to proving the criminal act and intent
What is presumption of innocence
200
nonverbal actions that communicate ideas and feelings
What is expressive conduct
200
A duty created by a statute, contract, of special relationship and enforceable by law
What is legal duty
200
Something that causes a person to act
What is motive
200
Circumstances that convince fact finders (judges or juries) that defendants don't deserve the maximum penalty for the crime they're convicted of
What is Mitigating circumstances
300
The natural law that individuals can act to maximize pleasure and minimize pain, permitting human beings to apply natural laws mechanistically instead of having to rely on the discretionary judgment of individual decision makers
What is rationalism
300
"the right of law-abiding, responsible citizens to use arms in defense of hearth and home"
What is the Second Amendment
300
The four types of possession
What is actual possession, constructive possession, knowing possession, mere possession
300
The MPC's four mental states are:
Purposely Knowingly Recklessly Negligently
300
You have to retreat from an attack if you reasonably believe (1) that you're in danger of death or serious bodily harm and (2) that backing off won't unreasonably put you in danger of death or serious bodily harm
What is Retreat rule
400
Only someone who intends to harm her victim deserves punishment; accidents don't qualify
What is culpability
400
The principle that statutes violate due process if they don't define a crime and its punishment clearly enough for ordinary people to know what is lawful (Lanzetta v. New Jersey 1939, 453)
What is void-for-vagueness, doctrine
400
To convict, the prosecution must prove beyond a reasonable doubt (1) a criminal act (2) criminal intent (3) concurrence (4) attendant circumstances (5) that criminal conduct caused a criminal harm
What is elements of a crime
400
Some mental fault has to trigger the criminal act in conduct crimes and the cause in result crimes
What is principle of concurrence
400
In the exception jurisdictions that follow the retreat rule, people who live in the same home don't have to retreat
What is Cohabitant exception
500
The four criteria penalties have to meet to qualify as criminal punishment
They have to inflict pain or other unpleasant consequences They have to prescribe a punishment in the same law that defines the crime They have to be administered intentionally The state has to administer them
500
A retroactive law that does one of three things: (1) criminalizes an act that wasn't a crime when it was committed, (2) increases the punishment for a crime after the crime was committed, or (3) takes away a defense that was available to a defendant when the crime was committed
What is ex post facto law
500
Imposes a legal duty to help or call for help for imperiled strangers
What is "Good Samaritan doctrine"
500
an intervening act or force that the law considers sufficient to override the cause for which the original wrongdoer was responsible
What is superseding cause
500
When you're attacked in your home, you can stand your ground and use deadly force to fend off an unprovoked attack, but only if you reasonably believe the attack threatens death or serious bodily injury
What is Castle exception