Week One
What does Retribution do?
Examines past crimes and punishes defendant based on those past crimes
Elements of a crime?
Actus reus
Mens rea
Concurrence
Retreat rule
If you have reasonable doubt that you are in danger
Danger of death or serious bodily harm
and
Backing off won’t unreasonably put you in danger of death or serious bodily harm
Are defendants usually successful with pleading insanity?
No
What are the 2 types of Liability?
Complicity, and Vicarious Liability
What is Constitutional democracy
we are governed by the constitution
Another term for Actus Reus
Evil Act
3 types of defenses
Alibi
Justification
Excuse
What is the Irresistible Impulse Test?
Insane if – they suffer from a mental disease that damages their willpower
What is the Substantial Steps Test
Substantial steps toward completing the crime
And Steps that strongly corroborate the actor’s criminal purpose
Four kinds of Prevention
General Deterrence
Special deterrence
Incapacitation
Rehabilitation
2 aspects of possession
Control of items/substances
Awareness of control
When is the only time self defense is good?
Necessity is great
It exists right now
It is for prevention only.
Substantial Capacity Test
A person is not responsible for criminal conduct if at the time of such conduct, as a result of mental disease or defect.
What does Vicarious liability do?
Establishes which types of relationships can create criminal liability
Two kinds of Democracy
Pure democracy
Constitutional democracy
Principle of Concurrence
All crimes (except strict liability crimes) require concurrence
What is the Stand your ground rule?
you can stand your ground and kill to defend yourself without retreating from any place you have a right to be
If you did not start the fight
What is the Right/Wrong test?
Defendant had a mental disease/defect at the time of the crime AND Disease/defect caused the defendant NOT to know either
What are the two types of attempt statues?
General attempt statue
Specific attempt statue
Void for Vagueness Doctrine
Vaguely defined laws fail to provide citizens a clear understanding of acceptable and unacceptable behavior
4 Mental States
Purposely (intentionally)
Knowledge (knowing)
Recklessness
Negligence
What is the Castle exception to Retreat Rule
Attacked in your home and reasonably believe the attack threatens death or serious bodily injury?
May use deadly force to fend off an unprovoked attack
What are the four insanity tests?
Right/Wrong Test
Product of Mental Illness Test
Irresistible Impulse Test
Substantial Capacity Test
What does the Mere Presence Rule Say?
Even presence at the scene followed by flight is not enough to satisfy the actus reus requirement