| Theory | Mistakes | Homicide | Defenses | Miscellaneous |
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General deterrence
What is the punishment that acts to deters others from committing the defendant's crime in the future?
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Mistake of fact and yes, this is a good defense.
Is this a mistake of law or fact, AND is this a good defense? A person possessing marijuana believing it was oregano.
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Traditional common law
What source of law uses a strict liability version of the felony murder rule?
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1 - (Excuse) behavior was morally blameless because of some internal condition
2 - (Justification) behavior was socially valuable due to the state of external conditions
Matching. Justification or excuse.
_1__ - behavior was morally blameless because of some internal condition _2__ - behavior was socially valuable due to the state of external conditions |
Categorical test - asks whether the punishment should be allowed or never allowed in circumstances
Graham and Kennedy were examples of 1) the categorial test or 2) the non-categorical test?
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Incapacitation
What is the punishment that restrains individuals from causing further harm to society?
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No, mistake of fact is irrelevant. Strict liability crimes do not require a mens rea.
Can mistake of fact ever be a defense to a strict liability crime?
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Under the common law, first degree murder is murder done with malice aforethought.
Under the common law, what is first degree murder?
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False. Necessity under the common law has the homicide exception, whereas the necessity MPC test does not.
True or false. Necessity under the common law allows an individual to commit a homicide out of necessity.
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1) abandonment is not voluntary (due to change in circumstances or likelihood of apprehension)
2) abandonment is done to postpone the criminal activity
Fill in the blank. Jurisdictions often will not allow a defendant to claim abandonment when the abandonment: 1) ___ or 2) ___.
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Retribution
What is the punishment imposed to vent society's sense of outrage and need for revenge?
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Intentional, purposeful, or knowing mental state.
Specific intent (not general)
Under the MPC, evidence of voluntary intoxication can be used to disprove the presence of ____ mental state.
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Same as the common law (sudden or intense passion resulting from provocation), but it has expanded to include words.
What is the modern rule for provocation for voluntary manslaughter?
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Protect your castle doctrine states that individuals can "use deadly force when an intruder unlawfully enters their home, business, or (sometimes) automobile." This is the majority rule.
What is the "protect your castle doctrine"? Is this the minority or majority rule?
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True, this rule was established in State v. Lyerla.
True or false? There can be attempt liability for specific intent crimes, but not for general intent.
After a fix/no fix, name the case. |
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Rehabilitation
What is it called when imprisoning someone to help them reform their societal behavior?
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Cheek
Name this case. In the case of tax invasion, ____ establishes that a good faith belief that one is not in violation of the law can negate the element of intent/voluntariness.
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Olsen
Name this case. ___ provides that statutory guidelines for aggravating factors can elevate first degree murder to capital crimes.
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Elements of duress:
1) Defendant must have committed an unlawful act 2) against his will via coercion 3) resulting from an unlawful and imminent threat 4) of serious bodily harm to the person facing the coercion, or to a third party
What elements must a defendant prove in order to bring a duress claim?
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The M’Naghten test:
1) Cognitive capacity - Did the defendant know of the nature and quality of their act? 2) Moral capacity - Did the defendant understand the morals of their actions (wrong/unlawful)? 3) *Irresistible impulse - Did the defendant commit the act because of irresistible impulse?
Name the test that most states use to evaluate legal insanity and its corresponding prong/s.
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Utilitarianism
What is the philosophy called when laws should be used to maximize society's happiness?
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"A defendant in a criminal case is entitled to raise an affirmative defense that he relied on an official statement incorrectly interpreting a statute by a government official responsible for enforcing the statute."
What is the exception to the mistake of law that the case Twitchell presents?
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Common law - murder or manslaughter
MPC - murder, manslaughter, negligent homicide Modern majority rule - 1st degree murder, 2nd degree murder, voluntary manslaughter, involuntary manslaughter, and negligent homicide (some jurisdictions)
What are the categories for homicide under each source of law?
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State v. Warshow - Political necessity. The defendants were refused the political necessity defense since there was not an imminent danger and other alternatives were available.
The facts of ____ involve a group of demonstrators that traveled to Vermont to protest nuclear power plant repairs. What defense concept was discussed in this case and were the defendants granted such defense?
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Rosemond - person takes an affirmative act in furtherance of the crime
Kessler - could be charged with a secondary crime even without his knowledge of the illegal conduct or lack of participation in the crime's commission if in furtherance of a common design or agreement from the first crime
Liability for secondary offenses. What is the difference between Rosemond v. Kessler?
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