Chapter 1
Punishable by a fine or confinement by less than one (1) year (11/29)
Misdemeanor
We are governed by the Constitution.
Constitutional Democracy
Actus Reus
Applies only to crimes of criminal conduct causing criminal harm
Principle of Causation
Justification that competent adults voluntarily consented to crimes against themselves and knew what they were consenting to.
Consent Defense
The state has the burden of proving the defendant committed the crime.
Presumption of Innocence
What amendment says that no state shall deny to any person within its jurisdiction the equal protection of the laws.
14th Amendment
Actus reus
Mens rea
Concurrence
All crimes (except strict liability crimes) require concurrence
Principle of Concurrence
What is the difference between a perfect and imperfect defense?
Perfect defense is an acquittal, imperfect defense is a lesser offense.
Looks ahead and punishes to prevent future crimes.
Prevention
The majority can do anything.
Pure Democracy
What are the two types of criminal omissions?
Failure to report
Failure to intervene
Something between the triggering act and the end results
Intervening Cause
What are the three types of defenses?
Alibi
Justification
Excuse
What are four kinds of prevention?
General Deterrence
Special Deterrence
Incapacitation
Rehabilitation
The government can only punish people if there is a specific law that defines the crime and corresponding punishment.
Rule of Law
What is the only act to qualify as a criminal act?
Voluntary
In order to prove causation, what must the prosecutor prove?
Factual causation (but for)
Proximate causation
What are the three circumstances that must come together to claim self-defense?
Necessity is great
It exists right now
It is for prevention only
Quantification of penalties
Civilized society
Rejection of free will
Lack of culpability requirement
What limits are placed on the government's power to create crimes?
Rule of law
Ex post facto laws
Due process rights
Equal protection
First amendment rights (speech, association, press and religion)
Rights against cruel and unusual punishment
What are the two aspects of possession?
Control of items
Awareness of control
What are the two types of intervening causes?
Coincidental Intervening Act
Responsive Intervening Act
What are the four situations where consent justifies otherwise criminal conduct?
No serious injury results from the consensual crime
Injury at a sporting event
Conduct benefits the consenting person
Sexual conduct