CCJ 2020 Exam 2 Study Guide You will be responsible for Chapters 4 7 8 9 Videos watched in class Lectures 5 8 The exam will focus on the following topics Mens Rea and Actus Reus Mens Rea refers to the state of mind or criminal intent of the person Guilty mind Actus Reus refers to the actions of the person Guilty act Purposeful Intentional We definitely meant to do it Knowing you didn t intend to harm someone but you knew the actions you were taking were going to harm others Reckless behavior that increases the risk of harm of other individuals Negligent behavior that refers to not being aware of the specific risk but you know that what you are doing is reckless behavior Strict liability crimes Strict liability you are liable even if you did not mean it Ex traffic offenses statutory rape Parking violations are an example of strict liability laws The registered owner of an illegally parked vehicle is held liable for the fine regardless of whether he or she parked the car was operating the car or even had knowledge of the parking violation Book Inchoate crimes Inchoate crimes crime that goes beyond the thought of doing but doesn t actually result in completing the crime incomplete or partial Ex Solicitation conspiracy and attempt Solicitation the urging requesting or commanding of another to commit a crime but it has to be specific and directed at an individual Ex we should steal that car and take it for a ride Conspiracy any actions that is undertaken to further the conspiracy go past this vocalized idea into actually taking steps to have this crime committed requires two or more people to plan a crime Ex wife wants to kill her husband and so she makes a call to have someone kill the man is enough to charge with conspiracy Attempt the closest act to the completion of the crime anywhere between conspiracy and actually completing the crime Ex attempted murder attempted rape MNaughten Rule and the insanity defense M Naughten Rule a person is not guilty if at the time of the crime the person either did not know what he she was doing or they did not know that what they were doing was wrong Under the new standard a defendant could be considered insane only if he or she met two conditions 1 he or she suffered from a disease or defect of the mind and 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 Book Insanity Defense based on the idea that the defendant did commit the criminal act but he she is not at fault because they are crazy Criminal defenses Defense to a criminal charge consists of evidence and arguments offered by the defendant to show why he she should not be held liable for a criminal charge Perfect defense the person is excused from all criminal liability and punishment may result in the defendant being found guilty of a lesser charge Imperfect defense the person s liability or punishment is reduced Alibi best supported by witnesses and documentation establishing the fact that the defendant could not have committed he offense Witnesses have to be believable and credible Documentation video of you being elsewhere participation in social events etc The jury is the ultimate judge of an alibi Justifications admits to committing the crime but claims it was necessary to commit to prevent some greater evil the defendant lacks means rea Ex self defense defense of others defense of home and property necessity and resisting unlawful arrest Necessity the lesser of two evils Used for crimes lesser than murder All actions must be a response to a life threating situation and there could not have been another solution to the problem Resisting unlawful arrest may be justifiable especially if the arresting officer uses greater force than necessary Excuses the defendant who engaged in unlawful behavior was at the time not legally responsible for his her actions and should not be held accountable under the law Duress the person claims that he or she did not commit the actions of his or her own free will The person claims that his or her behavior was compelled by the use or threat of force by another Age many states set 16 at which the age a person becomes an adult some use 17 or even 18 The child is tried in juvenile court until this age This may not always be the case depending on the crime the child can be tried in an adult court Mistake Law v fact Law rarely going to be held as an acceptable defense ignorance of the law Fact if a person has a reasonable belief that what they were doing was legal Ex If at the end of class you pick up a backpack you think is yours and walk out of the classroom have you stolen the backpack if it does in fact belong to another student If a person has a reasonable belief that the action he or she is doing is legal mistake of fact may be a valid defense Book Involuntary intoxication spiked punched or being roofed Unconsciousness rarely used someone cannot be held responsible for what he she does when they are unconscious Ex epileptic seizures sleep walking Provocation recognizes that a person can be emotionally enraged by another person and you therefore strike out tends to work better on less serious crimes than killing someone Procedural defenses make the claim that the defendant was in some manner discriminated against in the justice process or that some important aspect of official procedure was not properly followed Entrapment improper or illegal inducement to crime by law enforcing agents The idea for the criminal activity has to originate from the defendant police officer can only provide he opportunity to commit the crime Affirmative defense the defendant must admit that he she committed the crime as alleged The person is not innocent but claims that if it had not been for the actions of government agents he she would not have committed the crime Prosecution misconduct actions undertaken by the prosecutor that give the government an unfair advantage or that prejudice the right of a defendant or witness Ex an attempt to sway the jury to wrongly convict a defendant or to impose a harsher than appropriate punishment Dual court system Two types of courts 1 State courts 2 Federal courts Relevant amendments 5th amendment double jeopardy no person may be tried twice for the same offense 6th amendment guarantee the right to a speedy trial 8th amendment Excessive bail shall not be required nor excessive fines imposed nor cruel and unusual punishments inflicted 11th amendment
View Full Document
Unlocking...