Criminal Justice > Chapter 4 > Flashcards

Chapter 4 Flashcards

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1
Q

What are the 4 types of criminal laws?

A
  1. substantive criminal law
  2. procedural criminal law
  3. Civil law
  4. Public law
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2
Q

Define substantive criminal law

A

describes what is criminal and the punishment for it

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3
Q

define procedural criminal law

A

Sets out the basic rules of practice in the criminal justice system

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4
Q

Civil law define

A

Governs relations between private parties and covers contracts, wills, trusts, property ownership, and commerce.

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5
Q

Goals of substantive criminal law:

A

Enforce social control
Distribute retribution
Express public opinion and morality
Deter criminal behavior
Punish wrongdoing
Maintain social order
Provide restoration

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6
Q

define public law

A

Law that deals with the government and its relationships with individuals or other governments

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7
Q

Mala in se

A

Crimes that are inherently evil and depraved (such as murder, burglary, and arson)

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8
Q

Mala prohibita

A

Crimes that reflect existing social and economic conditions

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9
Q

By whom was the contemporary American legal system codified by?

A

state and federal legislatures.

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10
Q

Who influences the content of the law?

A

judicial decision making

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11
Q

What does all criminal law have to conform to?

A

rules and dictates of the U.S. Constitution

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12
Q

Why has cases been coming back as appeal?

A

criminal laws have been interpreted as violating constitutional principles if they are too vague or too broad

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13
Q

What are some reasons why a appellate judge rule that a criminal statute is no longer enforceable?

A

vague, deals with an act no longer of interest to the public, or is an unfair exercise of state control over an individual.

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14
Q

Why would the judicial ruling expand the scope of an existing law?

A

allowing control over behaviors that heretofore were beyond its reach.

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15
Q

ex post facto laws

A

retroactively change the legal consequences of actions that were committed before the enactment of the law, often criminalizing previously legal actions or increasing penalties.

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16
Q

what is a felony known as in NJ

A

indictable offense

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17
Q

What is a misdemeanor in NJ

A

disorderly persons

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18
Q

What a term in NJ that is used to describe that is less severe than disorderly persons?

A

petty disorderly persons

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19
Q

Actus reus

A

An illegal act, or failure to act when legally required

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20
Q

Mens rea

A

A guilty mind; the intent to commit a criminal act

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21
Q

What is the connection between actus reus and mens rea?

A

both terms neeed to be connected in order to constitute a crime- willingness and act of crime BOTH must be proved

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22
Q

What are some examples of offenses in which mens rea is not essential?

A

public safety or strict liability crimes
e.g. traffic crimes, public safety, and buisness crimes

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23
Q

What happened in the Elonis vs. US case?

A

Elonis claimed he wanted to murder his wife, blow up an elementary school, etc.

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24
Q

What sentence could Elonis have gotten? What did the court rule?

A

federal prison bc of high level of threats
○ US Appellate(Supreme Court)- reasonable person who not actually do these things

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25
What does Elonis vs. US case represent?
How Elonis made high level threats--> actus reus However, he didn't have the intention to do it= NO Mens rea Thus, he couldn't be charged
26
What happened in the cannibal cop case?
Cop went on a fetish site and he made certain claims about wanting to cut someone up
27
What was the court ruling in the cannibal cop case? What does this case show?
- A "reasonable person" wouldn't believe that the cannibal cop would actually would want to cut someone up - That there was no mens rea, so he couldn't be charged
28
In this situation, "Someone is heroin dealer and they gave a potent dose despite not knowing that the person will die ", would the drug dealer get charged?
yes because this a statutory crime, in which they have strict liability- they should have known they were giving a potent dose
29
Define alibi
defendant deny the actus reus by arguments that they were falsely accused and the real culprit has yet to be identified
30
define excuse defense
Defendants may also claim that while they did engage in the criminal act they are accused of, they should be excused because they lacked mens rea
31
define justification defense
Defendants may claim that the criminal act was reasonably or necessary
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5 types of excuse defense
duress, insanity, intoxication,age, entrapment
33
define duress
If the defendant was forced to commit a crime as the only means to preventing death or serious harm to himself/others
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define insanity
If the defendant’s state of mind negates his/her criminal responsibility
35
define intoxication defense
Not a defense unless the defendant became involuntarily intoxicated under duress or by mistake
36
age excuse defense
Generally a conclusive presumption of incapacity for a child under the age of 7
37
entrapment excuse defense
If law enforcement agents used traps, decoys, and deception to induce criminal action
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what are the types of justification defense?
consent, self-defense, necessity, law enforcement
39
consent justification defense
The type of crime involved generally determines the validity of consent as an appropriate legal defense
40
Self- defense justification defenses
Must prove s/he acted with a reasonable belief that s/he was in imminent danger of death or harm and had no reasonable means of escape from the assailant
41
In NJ, is self-defense a valid excuses
○ NJ doesn't have stand your ground laws- have to retreat until unable to ○ Inside home- can use deadly force in the home = castle doctrine § Hotel room and dorm ○ Stand Your Ground Laws- " I can use deadly force no matter what" § No obligation to retreat
42
necessity justification defense
When a crime was committed under extreme circumstances and could not be avoided
43
Define knowing possession
to be an act if the item was knowingly received or was within the control of the individual ; possession with awareness of what one possesses
44
define mere possession
transporting something, say in a car for someone, from point A to point B
45
define constructive possession
may not have actual possession of an object but can influence or control that object
46
What type of possession is this: hidden guns?
constructive possession
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48
What happened in Penn State & Sandusky?
An assistant coach molested several football players and many people knew about it yet didn't act resulting in the failure to act sentence
49
How protected is speech?
very-○ Supreme Court would rather let people continue what they are doing rather than restricting what people would say in fear of violating the First Amendment
50
General intent- mens rea
if the defendant intended to act but did not intend the consequence
51
Specific intent-mens rea
if the defendant intended to cause the outcome or consequence of the act
52
would this scenario be general intent or specific intent:If defendant intended to kill victim the punch knowing there was a likelihood the victim would fall and hit his head on the bar
specific intent
53
What is the scienter as mens rea
the guilty knowledge without necessarily the intent
54
What is this an example of?Two cases have been tried in which AIDS was transferred through a sexual act from the defendant to the victim. The intent to infect the victim was not necessarily present but the knowledge that this could occur was
scienter as mens rea
55
What established a general scheme that outlines four states of mind in an effort to standardize the concept of mens rea throughout criminal law.
Moral Penal Code
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4 states of mind- mens rea
Purposeful * Knowing * Reckless * Negligent
57
Purposeful
Equivalent of specific intent; a desire to cause the outcome that resulted
58
Knowing
Action undertaken with awareness that the outcome is practically certain
59
Reckless
behavior that consciously disregards a substantial and unjustifiable risk that the result will occur
60
Negligence
When a person fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists
61
What state of mind is this a representation of: Firing a gun at a person or running them over in a car after a dispute :“I am glad I killed them
purposeful
62
What state of mind is this a representation of:driving into a crowded crosswalk in NYC because you believe the pedestrians did not clear out fast enough after the light turned :“These people should have known they were blocking the crosswalk and I should have had the right of way”
knowing
63
What state of mind is this a representation of:driving 90 mph in a 55 and hit a pedestrian crossing the street: “Maybe I wouldn’t have gone through that red light if I hadn’t been going so fast
reckless
64
What state of mind is this a representation of: talking on the cell phone and hit a pedestrian: “I should have paid attention to the road better"
negligence
65
what do strict liability crimes require?
no culpable mental state
66
define concurrence
mens rea and actus reus
67
What are examples of constitutional violations?
Vague laws, criminalizing status, cruel laws, bills of attainder, ex post facto laws.
68
What is Omission to Act?
Failing to act when duty exists due to relationship, statute, or contract.
69
What is Harm in criminal law?
Actual injury or damage; some crimes don’t require harm.
70
What is a mistake of law?
Knowing something is wrong but not why.
71
What is a mistake of fact?
Believing an act is legal when it’s not.
72
What are examples of new syndrome-based defenses?
Battered woman, Gulf War, child sexual abuse, Holocaust survivor, adopted-child syndrome.
73
How are states reducing prison populations?
Repealing enhancements, reclassifying felonies, raising theft thresholds.
74
What is felony disenfranchisement?
Loss of voting rights due to felony conviction.
75
How do state policies vary on voting rights?
Some permanently ban felons; others have no restrictions.
76
What are examples of collateral consequences?
Barriers to jury service, public office, firearms, licenses, aid, employment, housing.
77
How many states have legalized medical marijuana?
33 states + D.C.
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79
What are examples of tech-related crimes?
ATM theft, software piracy, hacking smart devices.
80
What issue arises with tech and law?
Laws lag behind tech advances.
81
What violations does the EPA prosecute?
Data fraud, hazardous waste dumping, ocean dumping, oil spills, illegal pesticide/asbestos handling.
82
What is the USA PATRIOT Act?
Law expanding surveillance and law enforcement powers post-9/11.
83
What are constitutional limits?
everybody is bound by the Constitution even state laws
84
What is the sentence for 1st degree crimes?
presumption of incarceration- will definitely be arrested
85
What is the exclusionary rule?
Evidence obtained through means of violating the rights and privileges of the Constitution cannot be used
86
What is an example of a crime committed under duress?
A robber holding you at gunpoint and telling you to rob a bank
87
What is an example of self-defense excuse for a crime?
You had to fight to escape the situation
88
Give an example of a crime committed due to necessity
speeding to rush their child who was having a severe allergic reaction
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