CCJ 2020 Exam 2 Study Guide You will be responsible for Chapters 4 Pages 78 elements of a crime to 85 when overview of crimes Videos watched in class videos on SC available on library website Prop 8 by law ends 7 8 9 Lectures 5 8 California SC streaming video The exam will focus on the following topics Mens Reas general element of a crime have to happen for it to be illegal o Knowing Try to kill one person with a bomb undertaken to achieve some goal biggest type behavior that is undertaken with awareness without criminal o Refers to the state of mind or criminal intent of the person guilty o Purposeful intentional mind at the time of the crime it was your intent to do this intent didn t intend to harm but you knew actions you were taking would harm others may not have intended the harm but knew it might harm others actor is aware of the specific risks of their actions behavior that refers to a situation where the person should have known better or failure to act endangered someone else actor is not aware of the specific risks but should have known it was risky behavior behavior that increases the risk of harm to others may or You know you re going to kill the other 99 people Kill the baggage guy bringing bomb on plane Driving drunk you don t necessarily know you are going to kill o Negligent o Reckless someone Actus Reus general feature of a crime o Refers to the actions of the person guilty act o The action must be voluntary in the sense that criminal law does not prosecute persons for accidents or unintentional actions that are not negligent or reckless Strict liability crimes does not require mens rea guilty mind liable even if you didn t mean it o Traffic offenses sex with a minor Statutory rape occurs btw 2 consenting individuals but only requires that someone has sex under the legal consent age o Tend to be minor offenses or serious offenses from which society has deemed the victim deserves additional protection Inchoate crimes incomplete or partial beyond the thought but doesn t result in a completed crime o Solicitation least complete urging requesting or commanding of other to commit crime Has to be very specific and directed at someone in particular o Conspiracy requires two or more people to plan a crime requires no idea with details vocalized mens reus other than communication Make a phone call to find a hit man taking steps to having a crime committed o Attempt most complete occurs when intender is unable to fully complete it only if he or she Intend to murder someone but only maim them horribly closest to actually committing the crime M Naghten Rule insanity defense a defendant could be considered insane o 1 Suffered from a disease or defect of the mind and o 2 The disease or defect caused the defendant not to know the nature and quality of the criminal act or not to know that the act was wrong o He suffered from the delusion that the Prime Minister intended to kill him tried to kill him in self defense Criminal defenses consists of evidence and arguments offered by the defendant to show why he or she should not be held liable for a criminal charge o Alibi perfect defense excused from all liability punishment Based on the premise that the defendant is truly innocent Best supported by eyewitness must be believable and credible and documentation hotel receipt video participation in social events etc o Justifications legal defense in which the defendant admits to committing the act in question but claims it was necessary in order to avoid some greater evil Self defense lacked mens rea protected from deadly attack or serious bodily injury Also when protecting someone else or one s home Situation when fearing for life or someone else Person injured or killed must initiate attack state laws differ Timing imminent threat at that moment battered women who finally snaps hard to claim self defense Facts of crime and context in which it occurred Jerome Ersland teens trying to rob pharmacy found guilty pharmacist who excessively fired against Necessity the lesser of two evils Crimes lesser than murder trespassing theft burglary Response to a life threatening situation when there was no other way of dealing with it in mountains and break into cabin to survive Resisting unlawful arrest may be justifiable esp if arresting officer uses excessive force very hard to prove Some states have statutory provisions detailing the limits imposed on such resistance and the conditions under which it can be used o Excuses does not claim that actions were justified in the situation or Defendant who engaged in unlawful behavior was at the time that it was moral not legally responsible for his actions and should not be held accountable under the law Duress any unlawful threat or coercion used by one person to induce another to act or not act in a way that they otherwise would not e g stealing employees payroll b c your kid was kidnapped Age 16 18 is age for adult for the purpose of criminal Mistake law vs fact someone sells you a car and you find out it justification either direct file or adult court depends on state law and crime was stolen if price was too low you are responsible for expecting deviance Law rarely is acceptable it is your responsibility to know Fact reasonable belief that the action is legal the law Involuntary intoxication spiked punch being drugged side effects of illegal drug Jack McCoy Unconsciousness rarely used sleep walking epileptic seizure Provocation elicited reaction from a tormentor Insanity defendant did commit act but is not responsible legal o Procedural defenses make the claim that the defendant was in some More acceptable in minor offenses term not medical manner discriminated against in the justice process or that some important aspect of official procure was not properly followed Entrapment improper or illegal inducement to crime by here you that what you are about to do is illegal gun but you enacted it enforcing agents created a crime where there otherwise would not have been one Idea has to originate w defendant mens rea does not lie Can occur when overzealous undercover agent convinces Ask police officer for gun to kill someone officer provided Double jeopardy 5th Amendment no person may be tried twice If found innocent or have been convicted you cannot be tried again for same exact crime also applies if there was not enough evidence for the same offense Does not apply b c of trial error can be tried for same crime in federal and then state court same for
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