Term
| 4 purposes of criminal law (Bergman) |
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Definition
| General deterrence, rehabilitation, specific deterrence, retribution |
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Term
| relationship between law and morality |
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Definition
| morality should guide legality, criminal justice system should not be used by majority to enforce morality opinions over a minority (Lawrence) |
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Term
| 3 Fundamental Principles of Criminal Law |
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Definition
| Legality, Proportionality, Equality |
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Term
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Definition
due process requires laws to be clearly defined
2 types of void for vagueness test:
1. statute must make clear what actions/intent/places are targeted
2. statute must not be overly broad to encourage arbitrary arrests |
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Term
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Definition
Papachristou - void for vagueness, night walking criminalized
Caswell - specific intent prong solves vagueness |
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Term
| Substantive v. procedural due process |
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Definition
procedural = how deprivation took place (papachristou, hamdi)
substantive = even if done fairly, state has no right to take away right (Lawrence) |
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Term
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Definition
| punishment should have some relation to seriousness of crime (ewing & golf clubs/3 strikes) |
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Term
| 3 relevant factors for determining whether sentence violates 8th amendment |
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Definition
Solem (from Dillon)
1. gravity of the offense and harshness of penalty
2. sentences imposed on other criminals in same jurisdiction
3. sentences imposed in other jurisdictions for same crime |
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Term
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Definition
| law should afford equal treatment unless legitimate state interest in the inequality, rooted in 14th amendment/EPC |
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Term
| On Face v. In Application Discrimination |
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Definition
On face discrimination ok only if state has legitimate interest and discrimination furthers the interest (Michael M & punishing men for statutory rape)
In Application when law's enforcement is done with discrimination (Yick Wo) |
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Term
| 2 required elements of a crime |
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Definition
| Actus Reus & Mens Rea (Penal Code ยง 20) |
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Term
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Definition
| police removed kid on drugs to public place, then charged him. not guilty because didn't voluntarily commit act that broke law |
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Term
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Definition
| state may only prosecute when defendant fully aware of act, unconsciousness negates actus reus |
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Term
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Definition
cannot punish one for their status
Robinson - drug addict cannot be guilty of being an addict
Powell - alcoholism is not a status like drug addict |
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Term
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Definition
4 situations where failing to act -> breach of legal duty
1. statute explicitly imposes duty of care
2. standing special relationship
3. voluntarily assumed contractual duty to care
4. voluntarily assumed control and secluded person to prevent others from helping |
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Term
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Definition
| general intent, specific intent, general intent with subjective mental state |
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Term
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Definition
intent judged by reasonable person standard
prosecution must prove voluntary act and reasonable person would know what they were doing |
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Term
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Definition
| mental state for assault not negated by intoxication for asssaulting cop |
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Term
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Definition
assault requires specific knowledge by defendant that actions will cause injury to someone else
assault = general intent with subjective mental state |
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Term
| receiving stolen property |
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Definition
| Reyes - evidence of mental state and intoxication is allowed, must know property was stolen and cannot deny defendnant opportunity to prove he didn't have required mental state |
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Term
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Definition
| something + intent for a further result (ie burglary --> entering with intent to do something else) |
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Term
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Definition
| breaks into own house thinking it was his, no mens rea --> not guilty |
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Term
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Definition
| slipped PCP at party, involuntary intoxication negated specific intent (also necessity defense) |
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Term
| strict liability and mens rea |
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Definition
| mental state doesn't matter, often for public welfare cases (Jorge M & detachable clips on gun) |
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Term
| Defense of Reasonable Mistake - Fact vs. Law Test |
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Definition
| if you can go into law library and find answer, its a mistake of law. if you have to go out in the real world, its mistake of fact |
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Term
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Definition
| if reasonable mistake of fact, objective mental state element is negated because reasonable person would have made same mistake (hernandez) |
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Term
| Strict Liability & Mistake of Fact |
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Definition
| Mistake of fact is not defense to strict liability crimes (Olsen & lewd conduct with 14 year old) |
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Term
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Definition
| you are strictly liable for knowledge of the law, only a defense when prosecution must prove defendant had specific knowledge OR when govenrment official tells defendant something not true (Snyder) |
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