Incapacitation/ Restraint
restraining or executing criminals so they cannot commit crimes in the future.
Purpose:To protect the public from harm
Specific deterrence
punishing a criminal to deter that person from committing future crimes
Purpose: Imprisonment teaches offenders
General deterrence
punish a criminal to deter others not to commit crimes
Purpose:The threat of incarceration to society prevents people from committing crime
Rehabilitation
forcing a criminal to undergo some form of social education or reconditioning to prevent future crimes
Purpose: force a person to obtain the skills to be a productive human being upon re-entry into society
Retribution
Vindicating a wrong; For Society
Purpose: to lessen the desire for private retribution by the victim or others seeking revenge for the criminal's wrong doing
Desired outcome of Criminal Law
Rehabilitation; aid offenders in becoming law abiding and productive members of society through: education, counseling, restitution, community service
Sources of Criminal Law
Common Law, Statutory Law, Model Penal Code
Common Law
Precedent, stare decisis
Stare Decisis
To stand by that which is decided
Statutory Law
20th century law that has largely supplemented or replaced the common law
Model Penal Code
A suggested guide for enactment and interpretation of criminal law; not necessarily the law unless adopted and enacted by legislature
Legislative intent
The purpose the legislators enacted a particular statute, common law must yield to the clear language of statutes, courts must resolve conflict between legislative intent and statutory wording
Bills of Attainder
Law cannot bypass the courts to convict an individual by legislative pronouncement.
Ex Post Facto Law
laws that retroactively make innocent conduct illegal, increase the punishment for a criminal act, or decrease the standard of proof required for a conviction
Burden of Proof
prosecutor bears the burden of proof-Defendant is presumed innocent-The act of Presenting evidence to a finder of fact, whether judge or jury, who weigh the facts and determine guilt
Proof beyond a reasonable doubt
The standard of proof in criminal cases- Proof that excludes every reasonable hypothesis except guilt; proof that excludes every reasonable possibility of innocence; or proof to a moral certainty- highest standard of proof
Corpus Delicti
the body of the crime"- The fact that a crime has been committed.
Prima facie proof
Proof that makes it plausible that defendant committed the act
Presumptions
Facts that must be inferred (presumed) on the basis of facts that have been already proven
Reasonable inferences
are permissable- Possible conclusions that may be drawn if certain predicate facts are proven
example: that all persons intend the reasonable and logical consequences of their actions
Ultimate issue
The question of whether the defendant is guilty or not guilty of the crime- usually turns on the subordinate issues
Affirmative defense
burden of proof shifts to defendant- defendant admits committing the acts charged, but seeks to justify or excuse his/her conduct by establishing additional facts. (Lesser of two evils defense)
Directed verdict
prosecution, as a matter of law, has failed to present enough evidence to satisfy the elements of an offense, the judge doesn't submit the case to a jury by the entry of a directed verdict of acquittal- There can never be a directed verdict of guilt.
Physical act of a crime
a deliberate body movement or the omission or failure to act when the law imposes a duty to do so.
Examples: evil thought, express thought, request, agreement, agreement, attempt, consummation
Evil thought
Not a crime- a purely mental decision to commit a crime
Express thought
verbalization of an evil thought to another- usually not a crime- one exception is perjury
Request
when one asks another to join in a criminal plan- the crime of solicitation is complete when the request is made
Agreement
when two or more persons agree that they will jointly commit a crime - sufficient for the crime of conspiracy in some jurisdictions
Attempt
often requires an overt act for an attempted crime, a substantial step toward the commission of the crime - Mere preparation is not enough
Consummation
when one commits all the physical acts required of the crime
Mental states of a crime
Intentional, willful, wanton, reckless, strict liability
Intentionally
A person consciously intends to cause a specific result or to engage in a specific conduct
Willfully (Knowingly)
A person is aware that his conduct is of that nature or that the circumstance exists. example: Little Juan
Wantonly
A person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. example: "I just wanted to scare them", DUI Assault (The reasonable person would have known what the result wa
Recklessly
A person fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists. example: drunk buddy stabbed other in the butt and he died
Strict liability
where the persons state of mind is irrelevant. Crimes created by statute. example: dog bite
Factual cause
but for" test of causation - unconcerned with moral fault, first link in the chain of events to result - does not determine whether to punish or not
Legal cause
Focus is on defendant's fault as determined by society - legal cause and factual cause are required for conviction
Essential elements of a crime
Mens Rea, Actus Reus, and social harm MUST HAVE ALL THREE FOR A CRIME
Mens Rea
Mental state of mind or Intent
Actus Reus
Physical Act
Social Harm
harm to all of society rather than harm to one individual, created by statute or prior cases
Crimes Mala in Se
inherently evil crime
Crimes mala prohibita
Crimes that only exist because of a statute of regulation. example: traffic laws
Crimes classified by Mens Rea
Crimes Mala in Se, Crimes Mala Prohibita, Specific Intent, Scienter (knowing) Offense, General Intent, Strict Liability (focus only on physical act)
Crimes classified by Harm
Crimes against Persons (murder, robbery, rape), Crimes Against habitation (burglary), Crimes against property (larceny), Crimes against public order (disorderly conduct)
Assault (Example of classification by Harm)
The stone missed A
Battery (Example of classification by Harm)
The stone struck A's shoulder
Mayhem (Example of classification by Harm)
The stone put A's eye out
Murder (Example of classification by Harm)
The stone killed A
Statutory Law elements of Burglary
Actus Rea: to unlawfully enter or remain in
Social Harm: the dwelling of another with the Mens Rea: intent to commit a crime
anytime day or night
Statutory Law elements of Larceny
Actus Reus: taking or exercising control over
Social Harm: personal property of another
Mens Rea: with the intent to permanently deprive
1st degree Murder
Mens Rea- Intent to kill
2nd degree Murder/ Voluntary Manslaughter
Mens Rea- Intent to cause serious injury
Manslaughter / Involuntary manslaughter
Mens Rea- Intent to inflict a minor wound
Reckless homicide / Involuntary manslaughter
Mens Rea- No intent to cause injury
Aiders and Abettors
Principals in the second degree, complicitors
Accessories before the fact
solicits, counsels, or advises another on how to commit crime at a later date
Trigger-man
in execution is not appropriate punishment for an accomplice in a death penalty case
Perpetrator
Principal in the first degree, one who performs the physical acts that constitute a crime or commits the crime by use of an instrumentality
Instrumentality
use of an inanimate object, animal, or innocent human being to commit a crime
Accessories after the fact
one who impedes the apprehension, trial, or punishment of a felon
To convict as Accessory after the fact must prove
-felony was committed
-defendant knew that the underlying felony was committed
-defendant intended to hinder apprehension, trial, or punishment
-defendant assisted the felon after the fact to avoid apprehension, trial, or punishment
Misprision of a felony
party who conceal or fail to report a crime
Conspiracy
a meeting of the minds plus intent, two or more people, one actor must commit an overt act in furtherance of the agreement, no direct contact needed between all co-conspirators, but must have a common contact(hub)
Types of conspiracies
wheel conspiracy- center of wheel is one person (hub) other people are spokes
chain conspiracy- parties linked together in linear fashion (example: drug organization)
Criminal solicitation
inviting or requesting another to commit a crime; solicitor must specifically intend that the other does the act.
Merger
one crime merges into another greater offense, defendant can only be guilty of one of the offenses not both.
Renunciation Defense
for Criminal solicitation or conspiracy-crime was not committed, it is a defense that you voluntarily prevented the crime from occurring. example: Shrek and Puss in boots
Last Proximate Act Test
defendant is guilty of an attempt after doing all that they think is necessary to complete the intended crime
Dangerous Proximate Test
Temporal and geographical nearness of the prohibited harm, seriousness of the harm, degree of apprehension created
Mere Preparation
portion of an attempted crime prior to the point at which consummation of the offense begins
Liability- Ignorance or mistake
A persons ignorance of the law doesn't effect their liability- KRS 501.070
Defenses to attempts
Factual (example: gun wasn't loaded, but defendant didn't know that)
Legal (example: statutory rape when law is age 16 and the victim is 17)
Abandonment and renunciation (example: defendant's discontinuance of a plan to commit a crime and notification of
Alibi
case-in-chief defense that claims the defendant was not in a position to commit the crime charged
SODDI" defense
Some other dummy did it - defense commonly used by defendants
Case-In-Chief defense
burden of proof is the prosecutors-defense that use mistake as a defense and challenge the prosecution's version of the facts, but do not introduce an independent legal claim into the case. Defense that denies some or all of the evidence.
example: someone
Duress
affirmative defense that you committed a crime to avoid imminent and serious harm - May not be used in Murder cases
Compulsion and Necessity
affirmative defense that threat of imminent harm, only way to prevent the threatened harm was to violate the law, and the harm caused by the violation is less serious than the harm defendant sought to avoid.
example: hurricane Katrina victims who stole fo
Mistake of Fact
MAY be a defense but must negate a material element of the offense
example: knowledge or intent
Mistake of Law
May be a defense if it negates the Mens Rea required for the crime
Voluntary Intoxication
case-in-chief defense-not a defense to wanton or willful conduct in some jurisdictions- Kentucky is one of them
Involuntary Intoxication
case-in-chief or affirmative defense-may be a defense if the substance provided produced a mental condition comparable to insanity -Defendant must prove they had no knowledge of ingesting the substance- Culpability may still exist for wanton or willful co
M'Naghten Test
legal test used to distinguish if defendant knows right from wrong-when attempting to use insanity as a defense- Kentucky uses this test
Irresistible Impulse Test
legal test used to distinguish if defendant acted from an uncontrollable impulse
Diminished Capacity Test
recognizes that defendants may lack "Substantial" but not total mental capacity
Federal Test
uses the M'Naghten "right-from-wrong" standard, but requires the defendant to prove insanity by clear and convincing evidence- highest standard of proof required
Guilty but Mentally Ill
prime distinction between the verdicts is the post-trial handling of the defendant. (do they go to hospital then jail or straight to jail)
Justifiable Use of Force
affirmative defense - depends on jurisdiction as to who is required to prove or disprove
Self-Defense
amount of defensive force used must be REASONABLE, defendant was not the aggressor, perceived immediate threat of bodily harm and force was necessary to avoid harm
Retreat
an avenue of safe escape, a prerequisite to self-defense in some jurisdictions
Defense of others
the act of protecting another from harm, which may excuse or justify the defendant's use of force
Entrapment
affirmative defense that focuses on whether the defendant was induced to commit the crime by the government agent, and whether the defendant would have committed the offense without the inducement.
Competency to stand trial
defendant must be rational, possess the ability to testify coherently, and be able to meaningfully discuss the case with defense counsel.
Insanity
case-in-chief or affirmative defense- prosecution may be required to prove sanity, or defendant may be given burden to prove insanity- issue of insanity can arise at different stages of criminal proceedings.
battered person syndrome
mandatory defense if prior acts or acts of domestic violence and abuse are present
criminal homicide
taking another's life in a manner prescribed by law; a killing in the absence of justification or excuse
jury nullification
law says one thing; jury says another
protection of another
subjective defense
extreme emotional disturbance
subjective defense
standards of proof
guilt by a preponderance of the evidence (more likely than not), prima facie, clear and convincing, strict liability
Case in chief defense examples
state (prosecutor has burden of proof), alibi, mistake of fact or law, involuntary intoxication, self-defense
Affirmative defense examples
insanity, self defense, extreme emotional disturbance,entrapment, duress, necessity, defense of others, defense of property, defense of habitation
Kentucky Mental states of mind
intentionally, wantonly, recklessly, strict liability
Common Law Murder
killing another person with "malice afterthought
First degree Murder
strict liability, intentional, requires premeditation
Second degree Murder
non premeditated, intent to kill is not required if another malicious intent is present, wanton or reckless state of mind, intent to inflict serious harm
Manslaughter
key distinction from Murder is the absence of Malice
Common law Assault and Battery
two separate offenses battery or assault, not a single offense
Mayhem
common law crime where victim was dismembered or disfigured. example: Lorena Bobbitt
Malicious Wounding
common law crime of shooting, stabbing, cutting, or wounding any person with the intent to maim, disfigure, disable, or kill
Common Law Rape
sexual intercourse with a woman other than the defendant's wife by force and without the victim's consent
Statutory Rape Law
sexual intercourse with another person by use of forcible compulsion
Justifiable use of force
preponderance of the evidence is burden of proof standard
Federal test
only place that burden of proof is place on defendant for clear and convincing evidence