Criminal Law Outline Quiz
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Questions and Answers

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.

True (A)

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?

<p>The law must be understandable to the normal person.</p> Signup and view all the answers

Delusions and hallucinations are examples that can contribute to a mental illness that excuses legal culpability.

<p>True (A)</p> Signup and view all the answers

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.

<p>controlling risky</p> Signup and view all the answers

What are the two prongs incorporated in defining mental illness or defect for legal purposes?

<p>Cognitive capacity and the ability to know the difference between right and wrong.</p> Signup and view all the answers

Match the justification with its correct type of punishment:

<p>Kant = Retributive Jeremy Bentham = Utilitarian James Stephen = Retributive Kent Greenwalt = Utilitarian</p> Signup and view all the answers

What is the primary focus of mens rea in criminal law?

<p>The guilty mind or intention behind the act (C)</p> Signup and view all the answers

What does the Rule of Lenity state regarding ambiguous statutes?

<p>The ambiguity favors the defendant (D)</p> Signup and view all the answers

A person suffering from a severe mental illness may not be able to control their actions or understand that what they are doing is _____

<p>wrong</p> Signup and view all the answers

Match the following terms related to mental illness with their definitions:

<p>Cognitive capacity = Ability to understand right from wrong Hallucinations = Perceptions of things that do not exist Delusions = Grossly misinterpreted sensory data Mental defect = Inability to reason due to illness</p> Signup and view all the answers

Conduct crimes require actual tangible harm to be established.

<p>False (B)</p> Signup and view all the answers

In the case of Keeler v. Superior Court, the court decided a fetus could be considered a human being.

<p>False (B)</p> Signup and view all the answers

What is the term for transferring intent from one person or object to another in criminal law?

<p>Transferred Intent</p> Signup and view all the answers

Which type of mental disorder is typically NOT sufficient to meet the legal standard of mental illness?

<p>Major depressive disorder (A), Bipolar disorder (D)</p> Signup and view all the answers

In In Re Banks, what was the primary legal question regarding the Peeping Tom statute?

<p>The meaning of 'peeping' and 'secret'.</p> Signup and view all the answers

In addition to actus reus, crimes typically require a guilty __________.

<p>mind</p> Signup and view all the answers

The legal definition of mental illness considers emotional distress a valid reason to excuse wrongdoings.

<p>False (B)</p> Signup and view all the answers

____ is a legal standard that states the individual did not know what they were doing was wrong.

<p>Prong 2b</p> Signup and view all the answers

Which of the following is true about strict liability crimes?

<p>They do not require mens rea. (B)</p> Signup and view all the answers

Match the following types of crimes with their descriptions:

<p>Conduct Crimes = No actual tangible harm occurred Result Crimes = Has a specific harm General Intent Crimes = Intent to perform an unlawful act Specific Intent Crimes = Subjective desire to accomplish a prohibited result</p> Signup and view all the answers

Bystanders can sometimes worsen a situation when they intervene.

<p>True (A)</p> Signup and view all the answers

Name a case that illustrates the principle of specific intent in criminal law.

<p>People v. Conley</p> Signup and view all the answers

What is required for a person to be deemed competent to stand trial?

<p>They must be aware of the proceedings and consequences. (B)</p> Signup and view all the answers

Cultural excuses can typically justify a crime in a court of law.

<p>False (B)</p> Signup and view all the answers

What is an attempt in terms of criminal intent?

<p>A specific intent crime.</p> Signup and view all the answers

An attempt to commit a capital crime or a felony of the first degree is classified as a __________.

<p>felony of the second degree</p> Signup and view all the answers

Match the following terms with their definitions:

<p>Mens Rea = The mental state of intention/knowledge in committing a crime Physical Proximity test = Must have apparent power to complete the crime immediately Equivocality test = Acts that clearly indicate criminal intent Dangerous proximity test = Achieving a dangerous closeness to completing the crime</p> Signup and view all the answers

Which of the following statements is true regarding attempts in criminal law?

<p>Uncompleted attempts can still result in punishment. (A)</p> Signup and view all the answers

A person can be penalized for attempting to commit a crime even if they do not complete it.

<p>True (A)</p> Signup and view all the answers

What must a person do to be guilty of trying to commit a crime?

<p>They must take steps toward committing the crime with the intention to do so.</p> Signup and view all the answers

What constitutes a crime based on someone's belief about a situation?

<p>It must be an overt act. (D)</p> Signup and view all the answers

Abandonment is allowed once an individual has begun to attempt a crime.

<p>False (B)</p> Signup and view all the answers

What is the punishment for an attempted crime under the CA Penal Code?

<p>One half the term of the actual offense.</p> Signup and view all the answers

An action that shows someone is on the path to committing a crime is called a substantial ___ .

<p>step</p> Signup and view all the answers

Match the following actions to their corresponding definitions:

<p>Overt act = A visible action that demonstrates intent to commit a crime Attempted murder = Punishable by life with the possibility of parole Substantial step = A clear sign of intent to commit a crime Abandonment = Not allowed once an attempt has been made</p> Signup and view all the answers

Which of the following is NOT a way that someone can commit a crime based on their beliefs?

<p>By believing the crime can be avoided through inaction. (A), By misunderstanding the situation and taking no action. (D)</p> Signup and view all the answers

An attempt to commit a crime is merged into the completed crime if the crime is actually committed.

<p>True (A)</p> Signup and view all the answers

What must a person's actions reflect to prove they are seriously trying to commit a crime?

<p>A clear sign that they are on the path to committing the crime.</p> Signup and view all the answers

What is a circumstance in which sexual activity can be considered non-consensual?

<p>If one participant is unable to appraise the sexual nature due to mental disability (D)</p> Signup and view all the answers

Deadly force is justifiable for any crime against property.

<p>False (B)</p> Signup and view all the answers

What must exist for a necessity defense to be valid?

<p>Imminent harm that is worse than the harm caused by breaking the law.</p> Signup and view all the answers

__________ is a defense when someone compels you to commit a crime through unlawful threat.

<p>Duress</p> Signup and view all the answers

Which of the following is a condition that must be met for a necessity defense?

<p>The harm avoided must be imminent (A)</p> Signup and view all the answers

A person can claim self-defense even if they were the initial aggressor.

<p>False (B)</p> Signup and view all the answers

What does the Castle Doctrine imply?

<p>There is no duty to retreat when in one's own home.</p> Signup and view all the answers

A defensive claim that involves acting under the belief of imminent danger is known as ______.

<p>imperfect self-defense</p> Signup and view all the answers

What type of force is primarily justified for the defense of property?

<p>Only reasonable force to prevent immediate harm to property (C)</p> Signup and view all the answers

Mistake of consent can be claimed only if it was an honest mistake.

<p>True (A)</p> Signup and view all the answers

What is required for self-defense to be considered justifiable?

<p>The force used must be immediately necessary and proportional to the threat.</p> Signup and view all the answers

Force used to protect someone else falls under ______.

<p>defense of others</p> Signup and view all the answers

Match the following types of threats with their definitions:

<p>Threat of death = Imminent harm that triggers duress Physical force = Coercion used against another person Unlawful threat = Any coercive demand against the law Immediate belief = Understanding that the threat is real and present</p> Signup and view all the answers

The necessity defense is applicable if there were negligent actions that led to the illegal act.

<p>False (B)</p> Signup and view all the answers

Flashcards

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

A crime that requires proof of the defendant's intent to perform a specific act, but not a specific result.

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

A crime that focuses mainly on the act itself, with harm being a potential, but not necessary, consequence.

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Result Crime

An outcome or effect caused by a criminal act. These crimes have a specific harm as a defining element.

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Mens Rea

The legal requirement that the defendant have a guilty mind or a legally proscribed mental state to commit a crime.

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Actus Reus

The physical act of committing a crime. It's the outward manifestation of the guilty mind.

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Transferred Intent

This doctrine applies when a defendant intends to harm one person but accidentally harms someone else. The defendant's intention is transferred to the victim of the unintended act.

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Retributive Justice

A philosophy of punishment that focuses on the idea of deserved suffering, with the sentence directly tied to the severity of the crime. It looks backward, emphasizing that the offender deserves to be punished for their actions.

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Utilitarian Justice

A philosophy of punishment that looks forward and focuses on the potential benefits for society. It emphasizes deterrence and the potential for rehabilitation, aiming to prevent future crimes.

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Principle of Legality

A legal principle that requires laws to be clear, understandable, and predictable. This ensures that people can understand the law and avoid breaking it.

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Rule of Lenity

A rule of interpretation in law that favors the defendant when a statute is ambiguous or unclear. It prioritizes fairness and avoids an overly broad interpretation of the law.

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Proportionality of Sentence

A principle that guides the severity of punishment, aiming to match the punishment to the gravity of the crime. It considers the harm inflicted, the blameworthiness of the offender, and appropriate consequences.

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Statutory Interpretation

The process of interpreting a law to determine its intended meaning. This involves looking at the plain text, legislative intent, and past legal precedents.

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Legislative Intent

A key consideration in statutory interpretation, focusing on the purpose and goals the legislature intended to achieve with the law. This involves examining the history of the law, surrounding documents, and debates leading to its enactment.

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Judicial Restraint

A legal doctrine that prioritizes the clarity and specificity of laws, emphasizing that the judiciary should not create new laws or extend the scope of existing laws beyond their literal meaning.

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Insanity Defense

A legal defense for criminal responsibility that argues the defendant was so mentally ill or defective that they couldn't understand the wrongfulness of their actions or control their behavior.

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Knowing the Nature and Quality of the Act

A component of the insanity defense that focuses on the defendant's ability to understand the nature and quality of their actions. It's rarely used because individuals who lack this understanding typically won't reach trial.

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Knowing the Wrongfulness of the Act

A component of the insanity defense that focuses on the defendant's ability to understand that their actions were wrong. This prong often requires a level of psychosis, like delusions or hallucinations.

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Insanity Defense - Not Just Bad Behavior

The legal principle that insanity doesn't cover things like having a pattern of criminal or anti-social behavior. There must be a mental illness or defect present.

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Appreciating vs. Knowing

The insanity defense uses 'appreciate' (meaning to understand, in a legal sense) instead of 'know' (which is more emotional). This aligns with a more legal, retributive approach to justice.

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Hallucinations and Delusions

Hallucinations are false sensory perceptions, like seeing things that aren't there. Delusions are false beliefs, often based on misinterpretations of reality. Both can be relevant to the insanity defense.

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Insanity Defense: Legal and Medical

The insanity defense involves a legal and medical determination. It considers the defendant's mental state at the time of the crime and whether it affected their understanding of the law.

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Insanity Defense - High Standard

The insanity defense requires a high level of mental impairment. Common mental health issues like depression or anxiety are usually not enough to meet the legal standard.

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Mens Rea (Criminal Intent)

The mental state required to commit a crime. It refers to the intent or knowledge with which a person acts.

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Actus Reus (Criminal Act)

An action or behavior that is illegal. It's the physical act of committing a crime.

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Inchoate Crime (Attempt)

An incomplete attempt to commit a crime. It involves actions taken towards committing the crime but not fully completing it.

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Dangerous Proximity Test (Attempt)

A legal test for attempt crimes where the defendant must have taken a significant step toward completing the crime. They must be close enough to success for danger to exist.

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Equivocality Test (Attempt)

A legal test for attempt crimes where the actions taken by the defendant must clearly indicate that they are about to commit the crime. The actions themselves must be evidence of intent.

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Physical Proximity Test (Attempt)

A legal test for attempt crimes where the defendant must have the ability to commit the crime immediately. They need to be in a position to carry out the crime.

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Uncompleted Attempts Test (Attempt)

A legal test for attempt crimes that considers the events leading up to the crime. It allows for abandonment of the attempt if the defendant changes their mind before taking the final step.

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Rape

Sexual intercourse without the woman's consent, obtained by fear, force, or fraud.

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Mistake of Fact

A mistake about a key fact that negates the required mental state (mens rea) for a crime.

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Self-Defense

A defense where the actor believes they are in immediate danger and must use force to protect themselves from unlawful force.

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MPC Self-Defense Standard

A subjective standard used in self-defense where the actor's honest belief that force is necessary is sufficient, regardless of whether it is objectively reasonable.

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Common Law Self-Defense Standard

A combination of subjective and objective standards used in self-defense where the belief that force is necessary must be both honest (subjective) and reasonable (objective).

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Defense of Others

A defense where the actor uses force to protect another person, believing they are in immediate danger and need protection.

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Alter Ego Rule

A rule used in defense of others, stating the actor can use force if they reasonably believed the person they were defending had a right to use force.

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Reasonable Belief Rule

A rule used in defense of others, stating the actor can use force if they reasonably believed the other person was in danger, even if they were mistaken.

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Defense of Property

A defense where the actor uses force to protect their property, believing it is necessary to prevent unlawful entry or taking.

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Necessity (Choice of Evils)

A defense where the actor commits a crime to prevent a greater harm from occurring, using the least harmful means possible.

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Duress

A defense where the actor is forced to commit a crime under threat of death or serious bodily harm to themselves or a close relative.

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MPC Duress Standard

A subjective standard used in duress where the defendant's belief about the threat must be reasonable, but not necessarily true.

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Common Law Duress Standard

A combination of subjective and objective standards used in duress, requiring both a threat of immediate death or serious bodily harm and a lack of reasonable alternatives.

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Duress and Women

The defense of duress may be available if a woman is forced to commit a crime by her husband, but it often depends on the specifics of the situation.

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Castle Doctrine

The 'castle doctrine' allows homeowners to use deadly force to protect themselves against an intruder, without a duty to retreat, within certain limitations.

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Imperfect Self-Defense

Occurs when an actor mistakenly believes they have the right to use force in self-defense, but are wrong about a key element of the defense.

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Substantial Step Towards a Crime

This happens when a suspect takes actions that clearly show they are preparing to commit a crime, even if they haven't finished the criminal act yet.

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Attempt Based on False Belief

Acts that would have been a crime if the suspect had accurate knowledge of the situation.

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Attempt to Cause a Result

When the crime involves a specific outcome, and the suspect takes actions that they believe will lead to that outcome.

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Proportionality in Punishment

The criminal law principle that the severity of the punishment should correspond to the seriousness of the crime.

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Overt Act for Attempt

The legal requirement that there must be an actual act beyond mere preparation to prove an attempt.

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Abandons an Attempt

The law does not consider a person who has started to commit a crime but then gives up to have committed an attempt.

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Abandonment is Not Allowed

The act of abandoning an attempt to commit a crime does not get you out of trouble, it's still considered an attempt.

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Penalties for Attempted Crimes

The punishment for an attempt is usually a lesser penalty than the punishment for actually completing the crime.

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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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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.

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