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CSULB CRJU 340

Substantial criminal law

QuestionAnswer
what is a misdemeanor? jail less than a year.or fines
what is a felony? prison more than a year or death penalty.
what is Malum in Se? universally and inherently criminal. ex: Murder, battery, Robbery, theft
what is Malum Prohibitum? statutorily based crime- (Law based) - law caries by state and county. ex: Prostitution, gambling, panhandling.
what is the ACTUS REUS the ACT.
what is the MENS REA the intent.
what are the 5 elements of CRIME. 1.ACTUS REA, 2.MENS REA, 3. CONCURRENCE OF THE ACT AND MENS REA, 4.CAUSATION, 5. HARM.
what is conspiracy? when 2 or more people agree to commit a crime.
what does harm mean? potential loss. ex= murder, injury, death.
when is the ACTUS REUS (ACT)a voluntary act. it is not a crime if the ACT was involuntary like -REFLEXES, SLEEPWALKING, UNCONSCIOUSNESS, FALLING DOWN/TRIPPING
under the STATUS VS.ACT. give an example of status? robinson v. california- CA law made it a misdeaminor to be ADDICTED to narcotics, however, supreme court said it was cruel and unusal punishment to punish someone for a STATUS/CONDITION.
under the STATUS VS. ACT. give an example of the ACT. powell vs. texas- fine for being drunk in public. supreme court CAN punish for a conduct of choice.
What is criminal ommissons. faliure to REPORT or failure to INTERVENE based on a legal duty to ACT. ex: child falls in the pool and drowns and mom doesnt help. but if a random person has no duty.
what is criminal POSSESSION? possesion of CONTRABAND. ex= illegal drugs, weapons, and child pornogrphy.
what is ACTUAL POSSESSION? when its located on you.
what is CONSTRUCTIVE POSSESSION? when its located near you. but that is your space.
under mens rea:CRIMINAL INTENT, what does KNOWNINGLY mean? you know of the risk, but continue to do the act.
under mens rea :Criminal Intent, what does RECKLESSLY mean? you are aware of the risk, but went ahead with the act.
under mens rea: Criminal Intent, what does NEGLIGENTLY mean? you should have been aware, but wasnt
what is the least form of MENS REA? negligence.
what is an example of a general intent crime? what defense does not work? = RAPE, ASSULT, also satututory rape. by saying i didnt know the act was prohibitied doesnt work. also intoxication does not work. - in statutory rape- once commited the act. the mens rea is automatically proven.
what is SPECIFIC intent crime? contains the prohibited act PLUS other intent. (crime of purpose) intent to commit the Actus reas, plus some special mental element.
what is an example of specific intent? Murder.
how can you attack a specific intent crime? by attacking the Mens rea. - intoxication can be a defense, therefore there was no intent.
what is strict liability? no mens rea requirement. ex: statutory rape. BASICALLY IF YOU ARE CAUGHT YOU GET INTROUBLE, FINED, ARRESTED there is NO defense.
what is causation and proximate causation? causation is the scenario/facts of case. proximate causation is the outcome of the case/incident. also the predictibablity of this to happen to anyone else.
what is definetly not a defense for anything? ignorance of the law is no defense.
instead of trying to use ignorance of the law as a defense, what is a better stragety? mistake the fact. refute the mens rea. " i didnt know that book that i took belonged to someone else, i thought it was mine."
what are some specific intent crimes BURGLARY, THEFT, ARSON, LARCENY, EMBEZZLEMENT, KIDNAPPING , PREMEDITATED MURDER.STAUTUTORY RAPE
what is purposely/intentionally/willfully did it intentionally
Created by: pinkkat4
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