| Crime and Responsibility | Punishment | The Act Requirement | Mens Rea |
|---|---|---|---|
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Defense to prevent a greater evil by committing a lesser evil.
What is the necessity defense?
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Eye for an eye
What is Kant's over all philosophy on punishment? Hint: 4 words
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The conduct/physical aspect of the act that was done while mens rea is the mentality behind the act
What is actus reas as opposed to mens rea?
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1. Purposely
2. Knowingly 3. Recklessly 4. Negligently
What are the 4 kinds of culpability?
|
|
The temptation to kill and eat Parker bc he was going to die anyway.
What was not an excuse in Dudley?
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Non-violent, use his punishment to the benefit of the community (philanthropy), being stained by the media is enough, great community member.
What was the argument for the defendant in the U.S. v. Bergman case?
|
The contraband charge and because he was forced into the Jail cell by police, he did not intend on distributing the weed.
What part of Tippett's charge was dropped by the court and why?
|
1. He never signaled the people walking by
2. Testimony of his professor
How did they show the unknowing-ness of the defendant in State v. Peery? (2)
|
|
A crime requires a mens rea.
What is the main take away from the Johnson v. State case? (Cocaine baby)
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1. Individual Deterrence
2. Reform/Rehabilitation 3. General Deterrence 4. Retribution
What are the justifications of punishment? (4)
|
If there was a contractural obligation to the care taker.
What was the main issue that needed to be considered
to see if they violated the duty standard in the Jones v. U.S. case? |
Specific intent is when the defendant wants to bring about a specific result, while general you do not have to prove that they intended a specific result.
What is the difference between specific and general intent?
|
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Whether the finding of fact was so unreasonable that it must be overturned.
What was the issue that the court was trying to find in the State v. stark Case? (AIDs case)
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The punishment of life in prison is disproportionate to the nonviolent crimes he committed.
Why did the defendant in Solem v. Helm get off in the supreme court?
|
A voluntary act or omission to perform an act in which he is physically capable.
What does the Model Penal Code require of a guilty person?
|
Gordon was a mistake in fact while Wendt was a mistake in law.
What was the main difference in Gordon v. State and People v. Wendt?
|
|
International law is not OUR law.
What was the argument against the issue of the U.S. not ratifying the UN Convention on the Rights of the Child in the Christopher Simmons case? (17 y.o. kills sister)
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1. Eye for an eye can not be taken literally
2. Needs an Ideal society to work 3. Justice will always override utility (see pg. 74) 4. How do we know all community members have the moral right to cast the first stone 5. Shared guilt of society
What are the criticism of Kant's theory? (5)
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1. statutes
2. special relationships 3. Contractual obligations 4. voluntary assumption of care 5. Landowner duties 6. Duty to control 3rd parties 7. Defendant's creation of peril
What are the categories a legal duty can be based on? (7)
|
U.S. v. Williams
What was a case we read that had general intent?
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