Podcast
Questions and Answers
What are the three components of a crime?
What are the three components of a crime?
The "But For" test is a test for proximate cause.
The "But For" test is a test for proximate cause.
False (B)
In a felony murder case, the death must be caused by the defendant or their co-felon.
In a felony murder case, the death must be caused by the defendant or their co-felon.
False (B)
The "Rule of Lenity" refers to an aspect of criminal law where judges are encouraged to be more lenient on defendants.
The "Rule of Lenity" refers to an aspect of criminal law where judges are encouraged to be more lenient on defendants.
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Which of these is NOT a justification offered for the use of statutory rape laws?
Which of these is NOT a justification offered for the use of statutory rape laws?
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Match the following legal concepts with their corresponding descriptions.
Match the following legal concepts with their corresponding descriptions.
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In the state of Missouri, a defendant can be found guilty of "knowing possession" of an illegal drug even if they were not aware of the substance's presence.
In the state of Missouri, a defendant can be found guilty of "knowing possession" of an illegal drug even if they were not aware of the substance's presence.
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A defendant can be found guilty of attempted murder even if they fail to complete the crime.
A defendant can be found guilty of attempted murder even if they fail to complete the crime.
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The "Castle Doctrine" states that a person can use deadly force against another person if they reasonably believe they are in danger of being killed or seriously harmed.
The "Castle Doctrine" states that a person can use deadly force against another person if they reasonably believe they are in danger of being killed or seriously harmed.
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In the case of involuntary manslaughter, the defendant must have acted with a conscious disregard for human life.
In the case of involuntary manslaughter, the defendant must have acted with a conscious disregard for human life.
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A defendant can claim "diminished capacity" if they have a mental disability that affects their ability to understand the nature of the crime or their ability to control their actions.
A defendant can claim "diminished capacity" if they have a mental disability that affects their ability to understand the nature of the crime or their ability to control their actions.
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A defendant can always use "duress" as a defense if they were threatened with death or serious bodily harm.
A defendant can always use "duress" as a defense if they were threatened with death or serious bodily harm.
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The "Products Test" examines whether a defendant's mental disease or defect directly caused the commission of the crime.
The "Products Test" examines whether a defendant's mental disease or defect directly caused the commission of the crime.
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Flashcards
Utilitarianism (Punishment)
Utilitarianism (Punishment)
Punishment is justified by its useful purpose (deterrence, incapacitation).
Retributivism (Punishment)
Retributivism (Punishment)
Punishment is justified by the offender's desert (an eye for an eye).
8th Amendment
8th Amendment
Protects against excessive bail, fines, and cruel/unusual punishment.
Graham v. Florida
Graham v. Florida
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Coker v. Georgia
Coker v. Georgia
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Ewing v. California
Ewing v. California
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Commonwealth v. Mochan
Commonwealth v. Mochan
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Actus Reus
Actus Reus
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Mens Rea
Mens Rea
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Felony Murder
Felony Murder
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Abandoned & Malignant Heart
Abandoned & Malignant Heart
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Involuntary Manslaughter
Involuntary Manslaughter
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1st Degree Murder
1st Degree Murder
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2nd Degree Murder
2nd Degree Murder
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Voluntary Manslaughter
Voluntary Manslaughter
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Rape
Rape
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Statutory Rape
Statutory Rape
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Attempt
Attempt
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Conspiracy
Conspiracy
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Solicitation
Solicitation
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Accomplice Liability
Accomplice Liability
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Causation-in-fact
Causation-in-fact
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Proximate cause
Proximate cause
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MPC
MPC
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Study Notes
Utilitarianism
- Justified by the useful purpose of punishment
- Good of punishment outweighs bad
- Considers the value of pleasure and pain, its intensity, duration, certainty, and proximity
- Should be used to exclude greater harm
- Requires efficacy to prevent harm
- Punishment should be cost-effective, needed, and in prevention of greater harm
- Beneficial consequences include general deterrence, individual deterrence, incapacitation, and reform
Retributivism
- Justification based on "an eye for an eye"
- Positive retributivism: punish only those who deserve it, proportionate to crime
- Negative retributivism: utilitarianism answers general justification, retributivism answers distributive
- Punish only if it reduces crime
- Promotes a world with less crime
- Punishments as a way to affirm the victim's worth
Punishment Theories
- 8th Amendment: Prevents excessive bail, fines, and cruel/unusual punishments
- Graham v. Florida: Life without parole for juveniles is unconstitutional
- Coker v. Georgia: Limits the imposition of the death penalty; reserved for the most severe cases, only for offenses causing actual harm or death
- Ewing v. California: Judicial sentencing guidelines look at factors including: crime severity, criminal history, and offender behavior. Deterrence and incapacitation are legitimate sentencing goals.
- Commonwealth v. Mochan: Criminalizing conduct outside formal statutes or common law is insufficient.
NOT THE CASE TODAY
- Presumption of Innocence: Defendant is innocent until proven guilty
- Proof of Guilt: Requires proof beyond reasonable doubt
Capital Punishment (Death Penalty)
- MPC 210.6: Death penalty sentencing is distinct from trial
- Measuring dignity: punishments should not needlessly inflict pain, proportionate to the severity of the crime
- Does not negate the inherent worth and dignity of every person
- Deterrent effect of death penalty is not evident
Actus Reus
- the physical or external part of a crime, the guilty act
- three components
- Forbidden result (arson, battery, homicide)
- Attendant circumstance (relevant circumstances)
- Causation of forbidden result (social harm, causation)
- Conduct (voluntary act/omission)
Mens Rea
- the culpable mental state of a person, the wrongful purpose
- Types
- Purpose: conscious objective to act or cause a particular result
- Knowledge: conscious awareness that the result is substantially certain to follow
- Recklessness: conscious creation of a substantial and unjustifiable risk of which they ought to be aware
- Negligence: failure to be aware of substantial and unjustifiable risk
- General/specific intent
- Willful blindness
Omission
- Failure to perform a legal duty that results in harm
- Different types of legal duties
- Statute
- Relationship statuses
- Contract
- Voluntary assumption of care
- Creation of risk of harm
Justifications
- MPC and Common law justifications
- People v. Beardsley, Barber v. Superior Court
Causation
- Common law: Cause-in-fact is the actual cause of the crime
- "But-for" (harm would not have occurred but for the defendant's actions), "substantial factor" (multiple contributing factors lead to harm)
- Proximate cause: an intervening cause of some kind
- Various theories about when causation exists (intended consequence, omission, responsive vs. coincidental)
Intentional Homicide
- 1st Degree: Premeditated, deliberate act with intent to kill
- 2nd Degree: Unlawful killing with malice, but lacking premeditation
- Manslaughter: Killing without malice (heat of passion, extreme emotional disturbance)
- Heat of Passion: Provocation must be adequate enough for the person to cause a reaction
- Extreme Emotional Disturbance: A mental capacity condition or personal defect will alleviate some of the liability
Unintentional Homicide
- Felony Murder: Death during the commission or attempt of an inherently dangerous felony. Different approaches (agency vs. proximate cause).
- Abandoned and malignant heart: Unlawful killing with reckless disregard for human life
- Involuntary Manslaughter: Unlawful killing resulting from recklessness, gross negligence, or breach of duty
Rape Crimes
- Actus reus: sexual intercourse with force, threat of force, or without consent
- Mens rea: general intent (purpose, knowledge, recklessness, negligence)
- Consent
- Rape shield laws: prohibits evidence of prior sexual conduct to prove consent
- Statutory rape: sex with a minor who is incapable of consent
Inchoate Crimes
- Conspiracy: Agreement between two or more people to commit an unlawful act
- Solicitation: Asking, advising, or encouraging another to commit a crime
- Attempt: Act intended to commit a crime, taking a substantial step toward completion
- Accomplice Liability: Aiding and abetting in commission of a crime
Other Types of Liability
- Vicarious Liability: Employer may be liable for employee's crimes under specified circumstances
- Corporate Liability: Corporations can be held liable for criminal acts of agents acting within the scope of work
- Theft: Larceny (trespassory taking), larceny by false pretense, larceny by trick, embezzlement
Defenses
- Self-defense: Justification for using force when reasonably necessary in response to an imminent threat
- Necessity (choice of evils): Justification for committing a crime to prevent a greater harm
- Duress: Excuse for committing a crime under threat of imminent death or serious bodily injury
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Description
Explore the theories of punishment, including utilitarianism and retributivism, and their implications for justice. This quiz examines the balance between the good and bad of punishment, as well as landmark legal cases like Graham v. Florida. Test your understanding of these complex ethical frameworks and their application in the legal system.
