Criminal Liability, PDF

Criminal Liability - Legal responsibility for committing a criminal offense. Elements of a Crime: 1. Actus Reus: The physical act of committing the crime, essential for establishing criminal liability. 2. Mens Rea: The mental intent or state of mind to commit the crime, indicating c...

Criminal Liability - Legal responsibility for committing a criminal offense. Elements of a Crime: 1. Actus Reus: The physical act of committing the crime, essential for establishing criminal liability. 2. Mens Rea: The mental intent or state of mind to commit the crime, indicating culpability. Affirmative Defense: 1. Self-Defense: Justifying the use of force to protect oneself from imminent harm. 2. Excuse: Acknowledging the criminal act but arguing the defendant lacked the mental state to be held liable. 3. Justification: Arguing that the criminal act was permissible under the circumstances, such as preventing greater harm. 4. Alibi: Evidence that the defendant was elsewhere when the crime was committed, proving they could not have committed the crime. 5. Duress: Committing a crime due to coercion or threats, thus lacking voluntary intent. 6. Insanity: Claiming the defendant was mentally incapacitated and unable to understand the wrongfulness of their actions. Murder vs. Manslaughter: 1. Murder: Intentional killing with malice aforethought, often premeditated. 2. Manslaughter: Unintentional killing without malice, typically resulting from sudden passion or negligence. Justifiable Homicide: Killing someone under circumstances deemed legally permissible, such as self-defense or defense of others. Strict Liability Offense: Crimes where intent does not need to be proven, only the act itself, like traffic violations. Reasonableness Standard: Judging an action based on what a reasonable person would have done under similar circumstances. Retreat Rule: The legal obligation to avoid using deadly force if safely possible. Castle Exception: No duty to retreat when defending oneself within one's home. Stand Your Ground: Laws allowing the use of deadly force without retreating in specific situations. Legal Defenses & Concepts: Entrapment: A defense arguing that the defendant was induced by law enforcement to commit a crime they otherwise would not have. Yoshi Hattori: A high-profile case highlighting self-defense laws after a Japanese exchange student was fatally shot in Louisiana in 1992. Victimology: The study of victims, their patterns of victimization, and the effects on their lives. Survivor Missions: Efforts or initiatives aimed at supporting and aiding crime victims and survivors. Justice Systems: Restorative Justice: A system focusing on rehabilitating offenders through reconciliation with victims and the community. Retributive Justice: A system that focuses on punishment as a response to criminal behavior. Victim Bill of Rights: Legal rights afforded to victims of crime to ensure they are treated with fairness, respect, and dignity. Authority vs. Power: Authority is legitimate power recognized by society, while power is the ability to influence or control actions. Rule of Thumb: An informal guideline or principle; historically, a myth incorrectly associated with domestic violence law. Standards of Proof 1. Beyond a Reasonable Doubt: The highest standard of proof required in criminal trials, ensuring moral certainty of guilt. 2. Preponderance of the Evidence: A lower standard of proof is used in civil cases, requiring that the evidence favors one side more than the other. Arrest & Search Procedures: Arrest/Warrantless Arrest: Taking someone into custody, which can occur without a warrant if there is probable cause. Judicial Affirmation of Probable Cause: A judge's approval that sufficient evidence exists to justify an arrest or search. Search/Warrantless Search: Examining premises for evidence, sometimes done without a warrant under certain conditions. Search Incident to Lawful Arrest: Searching for a person and the area within their immediate control following a lawful arrest. Border Exception: Allows searches at international borders without probable cause or a warrant. Plain View Exception: Permits the seizure of evidence visible without a search, during a lawful observation. Rights and Legal Rules: Miranda Rights: Rights read to suspects upon arrest, including the right to remain silent and to an attorney. Exclusionary Rule: Prohibits the use of evidence obtained illegally in a court of law. Fruit of the Poisonous Tree: Doctrine that extends the exclusionary rule to evidence indirectly obtained from illegal searches or seizures. Good Faith Exception: Allows evidence collected in good faith by officers who believe they are acting legally. Racial Profiling: Targeting individuals for suspicion of crime based on their race or ethnicity. Fifth Amendment & Law of Interrogation: Protects against self-incrimination and sets rules for lawful interrogation. Fourth Amendment: Protects against unreasonable searches and seizures without a warrant or probable cause. Stop and Frisk: Allows police to briefly stop and search individuals based on reasonable suspicion. Police Brutality/Corruption: The use of excessive force or engaging in unethical behavior by law enforcement officers. Policing Terms: Grass Eaters/Man-Eaters: Terms describing varying levels of police corruption; "grass eaters" passively accept bribes, while "meat eaters" aggressively seek out corrupt activities. Rodney King: An African-American man whose beating by Los Angeles police officers in 1991 led to significant public outrage and riots. Impact Techniques: Non-lethal force methods used by police to control suspects or situations. When is Lethal Force Justified?: Guidelines for the use of deadly force, typically in self-defense or to protect others from imminent harm. Police Theories and Concepts: Fleeing Felon Doctrine: Permits the use of deadly force against a suspect fleeing from a serious crime. Rotten Apple Theory: The belief that police corruption is caused by a few bad officers rather than systemic issues. Working Personality of Police Officer: Traits and behaviors developed by officers due to the nature of their work environment. Symbolic Assailants: Perceived threats police identify based on certain characteristics or behaviors. Blue Curtain: Secrecy and solidarity among police officers, often leading to a code of silence regarding misconduct. Code of Silence: Refusal to report or address misconduct within the police force. Paradox of Coercive Power: The idea that excessive reliance on force can undermine legitimate authority. War Model of Policing: An aggressive, militarized approach to law enforcement. Dirty Harry Problem: Moral dilemmas faced by officers who use questionable methods to achieve justice. Bobbies: British police officers are known for their non-militaristic approach and emphasis on community service. Order Maintenance/Service/Crime Control: Different roles of policing, including maintaining public order, providing services, and controlling crime. Community Policing: Building relationships with the community to proactively prevent crime and enhance public safety. Broken Windows Theory: Suggests that addressing minor crimes and disorder can prevent larger crimes. War on Drugs/Crime: Government initiatives aimed at reducing drug abuse and crime through strict enforcement policies. Contemporary Issues: Stop and Frisk: A controversial practice allowing police to stop and search individuals based on reasonable suspicion. Prohibition: The era (1920-1933) when the production, importation, transportation, and sale of alcoholic beverages were banned in the U.S. War on Drugs: Policies aimed at reducing drug abuse and related crimes, are often criticized for their social and legal impacts. Drugs-Crime Connection: The relationship between drug abuse and criminal behavior. Collateral Damage in the War on Drugs: Unintended negative consequences of strict drug enforcement policies. Ferguson: Michael Brown and Police Militarization: The 2014 shooting of Michael Brown in Ferguson, Missouri, led to debates on police tactics and militarization. Broken Windows Policing: Policing strategy focusing on addressing minor offenses to prevent larger crimes. Quality of Life Policing: Policing aimed at improving community standards and addressing minor offenses. Tough on Crime: Policies advocating for strict enforcement and harsher penalties to reduce crime. Terrorism: Definition of Terrorism: Acts intended to create fear for political, ideological, or religious purposes, often targeting civilians. Tim McVeigh and OK City Bombing: Domestic terrorists carried out the Oklahoma City bombing in 1995, killing 168 people. Al Qaeda, Osama bin Laden, and 9/11: Terrorist organization led by Osama bin Laden, responsible for the September 11, 2001 attacks in the U.S. Blowback: Unintended adverse results of a nation's actions, particularly in foreign policy. Debating “War on Terror”: Ongoing discussion on the effectiveness and consequences of counterterrorism strategies. Legal Figures and Courts: Supreme Court: The highest court in the U.S., which has the ultimate judicial authority. Earl Warren: Chief Justice is known for landmark rulings on civil rights and liberties. Thurgood Marshall: First African-American Supreme Court Justice, known for his advocacy for civil rights. Sandra Day O’Connor: First woman appointed to the U.S. Supreme Court, known for her moderate and pivotal opinions. Rights de jure vs. Rights de facto: Legal rights as written (de jure) versus rights as practiced and experienced (de facto). 6th Amendment: Guarantees the right to a fair, speedy, and public trial by an impartial jury. 14th Amendment: Provides equal protection under the law and due process to all citizens. Jury and Trials: Jury Selection (Voir Dire): The process of questioning potential jurors to determine their suitability for a trial. Pretrial Motions: Requests are made before a trial to decide on certain legal issues, such as a change of venue. Trial by Jury: The right to have a jury of one's peers decide the verdict in a criminal case. Hung Jury: A jury that cannot reach a unanimous decision, leading to a mistrial. Mistrial: A trial rendered invalid due to fundamental error or a hung jury. Grand Jury: A jury that decides whether there is enough evidence to indict a suspect and proceed to trial. Petit Jury: A jury that determines the verdict in a trial. Sentencing: Five Goals of Sentencing/Philosophies of Punishment:  1. Retribution: Punishment imposed as vengeance for a criminal act. 2. Incapacitation: Removing the offender from society to prevent further crimes. 3. Deterrence: Discouraging criminal acts through the threat of punishment. ○ General: Deterring the general public from committing crimes. ○ Specific: Deterring the individual offender from reoffending. 4. Rehabilitation: Reforming the offender to prevent future offenses. 5. Restitution: Compensating victims for their losses. Range of Sentences: Various penalties can be imposed, such as fines, probation, imprisonment, or death. Presentence Investigation Report: A report prepared to help the judge determine an appropriate sentence, detailing the defendant's background. Determinant vs. Indeterminant Sentencing: Fixed sentencing terms versus flexible terms allowing for parole. Sentencing Disparities: Differences in sentences given for similar crimes due to factors like race, socioeconomic status, or judicial discretion. Mandatory Minimum: Legislatively prescribed minimum sentences for specific offenses. Three Strikes Law: Laws imposing severe penalties on repeat offenders, often leading to life sentences after three serious crimes. Sentencing Guidelines: Standards used by judges to determine appropriate sentences within a statutory range. Capital Punishment: The death penalty, is used as a punishment for certain serious crimes. Furman v. Georgia: 1972 Supreme Court case that led to a temporary halt of the death penalty in the U.S. due to arbitrary sentencing. Gregg v. Georgia: 1976 case that reinstated the death penalty under revised guidelines to ensure fairness. Bifurcated Trial: A two-part trial process for capital cases, with separate phases for determining guilt and sentencing. Brutalization Effect: The argument that the death penalty may increase violence by desensitizing society to killing. DNA: Genetic material used in forensic science to identify suspects and exonerate the innocent.