Podcast
Questions and Answers
Which of the following justifications is associated with retributive punishment?
Which of the following justifications is associated with retributive punishment?
- Restoration of social order
- Eye for an eye (correct)
- Prevention of future crimes
- Rehabilitation of offenders
Utilitarian punishment aims to benefit society in the future.
Utilitarian punishment aims to benefit society in the future.
True (A)
What is required for a mental illness or defect to exempt an individual from understanding their actions were wrong?
What is required for a mental illness or defect to exempt an individual from understanding their actions were wrong?
- A pattern of criminal behavior
- Simple emotional distress
- Presence of depressive disorders
- A severe mental illness or defect of reason (correct)
What is the principle of legality in criminal law?
What is the principle of legality in criminal law?
Delusions and hallucinations are examples that can contribute to a mental illness that excuses legal culpability.
Delusions and hallucinations are examples that can contribute to a mental illness that excuses legal culpability.
Under the Model Penal Code, sentences should be no more severe than necessary to achieve the goals outlined in MPC 1.02(1), which include preventing harm and __________ behavior.
Under the Model Penal Code, sentences should be no more severe than necessary to achieve the goals outlined in MPC 1.02(1), which include preventing harm and __________ behavior.
What are the two prongs incorporated in defining mental illness or defect for legal purposes?
What are the two prongs incorporated in defining mental illness or defect for legal purposes?
Match the justification with its correct type of punishment:
Match the justification with its correct type of punishment:
What is the primary focus of mens rea in criminal law?
What is the primary focus of mens rea in criminal law?
What does the Rule of Lenity state regarding ambiguous statutes?
What does the Rule of Lenity state regarding ambiguous statutes?
A person suffering from a severe mental illness may not be able to control their actions or understand that what they are doing is _____
A person suffering from a severe mental illness may not be able to control their actions or understand that what they are doing is _____
Match the following terms related to mental illness with their definitions:
Match the following terms related to mental illness with their definitions:
Conduct crimes require actual tangible harm to be established.
Conduct crimes require actual tangible harm to be established.
In the case of Keeler v. Superior Court, the court decided a fetus could be considered a human being.
In the case of Keeler v. Superior Court, the court decided a fetus could be considered a human being.
What is the term for transferring intent from one person or object to another in criminal law?
What is the term for transferring intent from one person or object to another in criminal law?
Which type of mental disorder is typically NOT sufficient to meet the legal standard of mental illness?
Which type of mental disorder is typically NOT sufficient to meet the legal standard of mental illness?
In In Re Banks, what was the primary legal question regarding the Peeping Tom statute?
In In Re Banks, what was the primary legal question regarding the Peeping Tom statute?
In addition to actus reus, crimes typically require a guilty __________.
In addition to actus reus, crimes typically require a guilty __________.
The legal definition of mental illness considers emotional distress a valid reason to excuse wrongdoings.
The legal definition of mental illness considers emotional distress a valid reason to excuse wrongdoings.
____ is a legal standard that states the individual did not know what they were doing was wrong.
____ is a legal standard that states the individual did not know what they were doing was wrong.
Which of the following is true about strict liability crimes?
Which of the following is true about strict liability crimes?
Match the following types of crimes with their descriptions:
Match the following types of crimes with their descriptions:
Bystanders can sometimes worsen a situation when they intervene.
Bystanders can sometimes worsen a situation when they intervene.
Name a case that illustrates the principle of specific intent in criminal law.
Name a case that illustrates the principle of specific intent in criminal law.
What is required for a person to be deemed competent to stand trial?
What is required for a person to be deemed competent to stand trial?
Cultural excuses can typically justify a crime in a court of law.
Cultural excuses can typically justify a crime in a court of law.
What is an attempt in terms of criminal intent?
What is an attempt in terms of criminal intent?
An attempt to commit a capital crime or a felony of the first degree is classified as a __________.
An attempt to commit a capital crime or a felony of the first degree is classified as a __________.
Match the following terms with their definitions:
Match the following terms with their definitions:
Which of the following statements is true regarding attempts in criminal law?
Which of the following statements is true regarding attempts in criminal law?
A person can be penalized for attempting to commit a crime even if they do not complete it.
A person can be penalized for attempting to commit a crime even if they do not complete it.
What must a person do to be guilty of trying to commit a crime?
What must a person do to be guilty of trying to commit a crime?
What constitutes a crime based on someone's belief about a situation?
What constitutes a crime based on someone's belief about a situation?
Abandonment is allowed once an individual has begun to attempt a crime.
Abandonment is allowed once an individual has begun to attempt a crime.
What is the punishment for an attempted crime under the CA Penal Code?
What is the punishment for an attempted crime under the CA Penal Code?
An action that shows someone is on the path to committing a crime is called a substantial ___ .
An action that shows someone is on the path to committing a crime is called a substantial ___ .
Match the following actions to their corresponding definitions:
Match the following actions to their corresponding definitions:
Which of the following is NOT a way that someone can commit a crime based on their beliefs?
Which of the following is NOT a way that someone can commit a crime based on their beliefs?
An attempt to commit a crime is merged into the completed crime if the crime is actually committed.
An attempt to commit a crime is merged into the completed crime if the crime is actually committed.
What must a person's actions reflect to prove they are seriously trying to commit a crime?
What must a person's actions reflect to prove they are seriously trying to commit a crime?
What is a circumstance in which sexual activity can be considered non-consensual?
What is a circumstance in which sexual activity can be considered non-consensual?
Deadly force is justifiable for any crime against property.
Deadly force is justifiable for any crime against property.
What must exist for a necessity defense to be valid?
What must exist for a necessity defense to be valid?
__________ is a defense when someone compels you to commit a crime through unlawful threat.
__________ is a defense when someone compels you to commit a crime through unlawful threat.
Which of the following is a condition that must be met for a necessity defense?
Which of the following is a condition that must be met for a necessity defense?
A person can claim self-defense even if they were the initial aggressor.
A person can claim self-defense even if they were the initial aggressor.
What does the Castle Doctrine imply?
What does the Castle Doctrine imply?
A defensive claim that involves acting under the belief of imminent danger is known as ______.
A defensive claim that involves acting under the belief of imminent danger is known as ______.
What type of force is primarily justified for the defense of property?
What type of force is primarily justified for the defense of property?
Mistake of consent can be claimed only if it was an honest mistake.
Mistake of consent can be claimed only if it was an honest mistake.
What is required for self-defense to be considered justifiable?
What is required for self-defense to be considered justifiable?
Force used to protect someone else falls under ______.
Force used to protect someone else falls under ______.
Match the following types of threats with their definitions:
Match the following types of threats with their definitions:
The necessity defense is applicable if there were negligent actions that led to the illegal act.
The necessity defense is applicable if there were negligent actions that led to the illegal act.
Flashcards
Specific Intent Crime
Specific Intent Crime
A crime that requires proof of a specific mental state (mens rea) in addition to the act itself (actus reus).
General Intent Crime
General Intent Crime
A crime that requires proof of the defendant's intent to perform a specific act, but not a specific result.
Strict Liability Crime
Strict Liability Crime
An exception to the requirement of guilty mind (mens rea) where the act itself is considered criminal, regardless of intent.
Conduct Crime
Conduct Crime
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Result Crime
Result Crime
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Mens Rea
Mens Rea
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Actus Reus
Actus Reus
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Transferred Intent
Transferred Intent
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Retributive Justice
Retributive Justice
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Utilitarian Justice
Utilitarian Justice
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Principle of Legality
Principle of Legality
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Rule of Lenity
Rule of Lenity
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Proportionality of Sentence
Proportionality of Sentence
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Statutory Interpretation
Statutory Interpretation
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Legislative Intent
Legislative Intent
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Judicial Restraint
Judicial Restraint
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Insanity Defense
Insanity Defense
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Knowing the Nature and Quality of the Act
Knowing the Nature and Quality of the Act
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Knowing the Wrongfulness of the Act
Knowing the Wrongfulness of the Act
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Insanity Defense - Not Just Bad Behavior
Insanity Defense - Not Just Bad Behavior
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Appreciating vs. Knowing
Appreciating vs. Knowing
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Hallucinations and Delusions
Hallucinations and Delusions
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Insanity Defense: Legal and Medical
Insanity Defense: Legal and Medical
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Insanity Defense - High Standard
Insanity Defense - High Standard
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Mens Rea (Criminal Intent)
Mens Rea (Criminal Intent)
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Actus Reus (Criminal Act)
Actus Reus (Criminal Act)
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Inchoate Crime (Attempt)
Inchoate Crime (Attempt)
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Dangerous Proximity Test (Attempt)
Dangerous Proximity Test (Attempt)
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Equivocality Test (Attempt)
Equivocality Test (Attempt)
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Physical Proximity Test (Attempt)
Physical Proximity Test (Attempt)
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Uncompleted Attempts Test (Attempt)
Uncompleted Attempts Test (Attempt)
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Rape
Rape
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Mistake of Fact
Mistake of Fact
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Self-Defense
Self-Defense
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MPC Self-Defense Standard
MPC Self-Defense Standard
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Common Law Self-Defense Standard
Common Law Self-Defense Standard
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Defense of Others
Defense of Others
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Alter Ego Rule
Alter Ego Rule
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Reasonable Belief Rule
Reasonable Belief Rule
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Defense of Property
Defense of Property
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Necessity (Choice of Evils)
Necessity (Choice of Evils)
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Duress
Duress
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MPC Duress Standard
MPC Duress Standard
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Common Law Duress Standard
Common Law Duress Standard
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Duress and Women
Duress and Women
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Castle Doctrine
Castle Doctrine
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Imperfect Self-Defense
Imperfect Self-Defense
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Substantial Step Towards a Crime
Substantial Step Towards a Crime
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Attempt Based on False Belief
Attempt Based on False Belief
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Attempt to Cause a Result
Attempt to Cause a Result
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Proportionality in Punishment
Proportionality in Punishment
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Overt Act for Attempt
Overt Act for Attempt
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Abandons an Attempt
Abandons an Attempt
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Abandonment is Not Allowed
Abandonment is Not Allowed
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Penalties for Attempted Crimes
Penalties for Attempted Crimes
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Study Notes
Criminal Law Outline
- Ways of Thinking About Punishment:
- Retributive: Backward-looking, focuses on deserved punishment. Key figures include Michael Moore, Kant, James Stephen, Herbert Morris, and Jean Hampton.
- Utilitarian: Forward-looking, aims to benefit society through deterrence. Key figures include Jeremy Bentham and Kent Greenwalt.
- Model Penal Code 1.02(2): Sentence proportionality depends on the crime, harm to victims, and blameworthiness. Goals include rehabilitation, general deterrence, family preservation, and offender reintegration. Sentences shouldn't be more severe than necessary to achieve these goals (MPC 1.02(1)). Avoiding sanctions that increase the likelihood of the offense is essential.
- Role of Criminal Law:
- Principle of Legality: Laws must be understandable (to the average person).
- Rule of Lenity: Ambiguous laws favor the defendant.
- Statutory Interpretation:
- Plain Meaning: Courts should consider the plain meaning of laws.
- Legislative Intent: Examining historical context, documents surrounding the law, and previous case rulings can help determine intent. Contacting the authors, if possible, is also beneficial.
- Actus Reus (Acts and Omissions):
- Physical Acts: Physical action, not just thought.
- Voluntary Actions: Actions must be voluntary (no reflex, convulsion, or hypnosis).
- Omissions: Failure to act when legal duty exists (like a special relationship or voluntarily assumed care).
- Mens Rea (Mental State):
- Specific Intent Crimes: Specific intent, desire, knowledge, or objective is required related to the crime result (requires statutory analysis).
- General Intent Crimes: Requires intent to commit the act, regardless of the outcome, to fulfill the law.
- Strict Liability Crimes: Crimes that do not require proof of a particular mental state.
- Mistake as a Defense:
- Mistake of Fact: Valid defense if the mistake, either objectively or subjectively, negates the required mental state.
- Mistake of Law: Usually not a defense, except in specific circumstances like if the law was not published or reasonably ascertainable, or if acted on an official statement later found to be incorrect.
- Causation: Actual and proximate cause must be proven for criminal liability.
- Criminal Homicide:
- Murder: Unlawful killing with malice aforethought (intent to kill, grievous bodily harm, depraved heart, or felony murder).
- Manslaughter: Unlawful killing without malice aforethought, often involving recklessness or provocation.
- Negligent Homicide: Unlawful killing due to negligence.
- Self-Defense:
- Justification, not an Excuse: It is lawful action, and must meet the criteria, or else it could be criminal
- Subjective/Objective belief: Necessary use of force to protect self from unlawful force perceived as immediately necessary
- Duty to Retreat: Varies based on jurisdiction.
- Deadly Force: Justified only when facing death, serious injury, kidnapping, or sexual assault
- Insanity: Defense if a defendant lacked the capacity to appreciate wrongfulness at time of crime.
- Intoxication: Usually not a defense unless involuntary.
- Diminished Capacity: Reduced mental capacity affecting culpability.
- Diminished Capacity: Reduced mental capacity affecting culpability
- Diminished Capacity Defense to the crime if unable to form the required mental state or to understand the actions being committed
- Attempt: To commit a crime that is in progress. A person must take substantial steps toward the crime (substantial step, and dangerous proximity tests are commonly applied in the common law)
- Conspiracy: An agreement between two or more to carry out an unlawful agreement to commit a crime that is more than just talk, it needs to be an agreement to commit a crime and an overt act (in furtherance to commit the crime/to advance the conspiracy)
Specific Crimes (Examples)
- Rape: Consent is essential—force or threats negate consent.
- Assault: Intentional act causing fear of imminent harm or offensive contact.
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Description
Test your knowledge on the principles and theories of criminal law, including punishment models such as retributive and utilitarian perspectives. This quiz covers the Model Penal Code, statutory interpretation, and the fundamental roles of criminal law. Understand key concepts and figures associated with these theories.