Chapter 1
Who has the burden of proof in criminal trials?
The prosecution.
What is the highest level when it comes to the burden of proof?
Beyond a reasonable doubt.
What is the name given to "conduct that unjustifiable and inexcusably inflicts or threatens substantial harm to individual or public interests"?
Criminal Liability.
The Castle Exception is an exception to what doctrine?
The Retreat Doctrine.
What is the name of the right-wrong test of insanity?
The McNaughtan Rule.
This theory of crime focuses on getting even. Example: "An eye for an eye".
Retribution theory.
This specific kind of punishment is prohibited by the Eighth Amendment.
Barbaric.
Which doctrine imposes a legal duty to help or call for help for imperiled strangers?
The "Good Samaritan" Doctrine.
Two Parts: ___________ is about consciously creating risks, while ___________ is about unconsciously creating risks.
Recklessness is about consciously creating risks, while negligence is about unconsciously creating risks.
This is the liability that attaches for participation after crimes are committed.
Accessory Liability.
When professionals make judgements based on their education, training and experience, this is called what?
Discretionary decision making.
Which United States Supreme Court Case established Federal Sentencing Guidelines?
U.S. v. Booker
If someone put illegal drugs into your backpack without your knowledge, what kind of possession would this be?
Mere possession of the drugs.
What are the four elements of self defense?
1. Non-Aggressor
2. Necessity
3. Reasonable Believe
4. Proportionality
This term establishes when you can be criminally liability for someone else's conduct; it applies criminal liability to accomplices and accessories.
These types of offenses are crimes only because a specific statute or ordinance prohibits them.
Mala Prohibita Offenses.
This type of law 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;
3. Takes away a defense that was available to a defendant when the crime was committed.
ex post facto law
This is a bodily movement that otherwise is not a product of the effort or determination of the actor, either conscious or habitual. "Unconscious bodily movements.
Automatism.
If a perfect defense is successful, what is the disposition of the case?
Acquittal.
This case involved being an accessory after the fact.
State v. Chism
During sentencing, a Judge tells the convicted person that by sentencing them to one year in jail, this will set an example for others. What kind of deterrence is this?
General Deterrence.
Definition: No one can be convicted of, or punished for, a crime unless the law defined the crime and prescribed the punishment before the person engaged in the behavior that was defined as a crime.
The Principal of Legality.
This is defined as the physical act of the crime.
Actus Reus.
This type of defense is defined by: defendants have to "start matters of by putting in some evidence" in support of their justification or excuse defenses.
Affirmative defense.
Who is John Hinckley and what happened to him?
He shot President Reagan, and was subsequently locked up in a hospital.