Chapter 1
Crimes differ from torts because crimes are prosecuted by whom?
the state
What principle states that no one can be punished unless a law specifically defines the offense and penalty?
Principle of legality.
What is the Latin term for the “guilty act” requirement of a crime?
Actus reus.
Under the MPC, what does "purposely" mean?
Acting with the conscious object to cause a result.
What is the difference between a justification and an excuse defense?
Justification is an act that was right under the circumstances. An excuse is an act that was wrong, but the actor is not responsible.
What does malum in se mean compared to malum prohibitum?
Malum in se is inherently evil.
Malum prohibitum is wrong only because it is prohibited by law.
What does the Constitution prohibit under ex post facto laws?
Making past innocent acts criminal, increasing punishment retroactively, or removing a defense after the fact.
In what situations does a legal duty to act arise that can make an omission criminal?
When imposed by statute, contract, or special relationship.
What is the difference between recklessness and negligence in terms of awareness of risk?
Recklessness is aware but disregards risk. Negligence is when one should have been aware but wasn't.
Name 2 conditions that must be met for self-defense to apply.
Non-aggressor, necessity, imminence, proportionality, or reasonable belief.
Which purpose of punishment focuses on backward-looking culpability instead of future prevention?
Retribution
What constitutional protection prevents a person from being tried or punished twice for the same offense?
The Double Jeopardy Clause of the Fifth Amendment.
What is the difference between actual possession and constructive possession?
Actual control is physical control. Constructive control is control without physical possession.
What is required for the concurrence element of a crime?
The mental state must trigger the act, and the act must cause the harm.
What is the “castle doctrine,” and how does it limit the duty to retreat?
It states that a person has no duty to retreat from their own home.
What is the burden of proof required in criminal cases, and who bears it?
Beyond a reasonable doubt, borne by the prosecution/state.
What doctrine invalidates statutes that fail to give fair notice or allow arbitrary enforcement?
Void-for-vagueness doctrine.
Why can automatism, such as sleepwalking, prevent criminal liability?
Because it is not a voluntary act
Define “but-for” cause versus “proximate” cause.
But-for is the result that wouldn't have happened otherwise. Proximate is the legal cause limited by foreseeability.
What are the steps in the Model Penal Code's "choice of evils" defense?
Identify the evils, rank them, and choose the lesser evil.
Explain the difference between general deterrence and specific deterrence.
General deterrence refers to discouraging the public at large, while specific deterrence refers to discouraging the individual offender.
In State v. Metzger, what was the key constitutional principle at issue?
Void-for-vagueness.
Explain the difference between the Good Samaritan and American Bystander rules.
Good Samaritan is a legal duty to help
American Bystander has no general duty to help.
Explain how a coincidental intervening act differs from a responsive intervening act in causation.
Coincidental is independent, usually breaks the chain. responsive is a reaction to the defendant's act, usually foreseeable, and doesn't break the chain.
Under the law of self-defense, explain the importance of proportionality and imminence in using deadly force.
Proportionality is the principle that the force used cannot exceed the threat. Imminence is that the threat must be immediate