A+ Graded SPEA-V 184 End Term Exam Study Pack
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How to identify the elements of a crime from statute (combination of act and intent - ✔✔Crim Law
requires culpability (intent to commit a crime or be very careless) & blameworthiness (someone did
something wrong).
Mens rea - ✔✔The intention or knowledge of wrongdoing that constitutes part of a crime, as opposed
to the action or conduct of the accused. (the state of mind to commit a crime)
Actus reus - ✔✔Refers to the act or omission that comprise the physical elements of a crime as required
by statute. (the act of crime)
Criminal v Civil law - what are the differences? - ✔✔Civil Law = the system of law concerned with private
relations between members of a community rather than criminal, military, or religious affairs; Criminal
Law = a system of law concerned with the punishment of those who commit crimes.
Why punish crimes? - ✔✔• Retribution - punishment as justice
• Prevention - specific and general deterrence
• Incapacitation - stop someone from committing additional crimes
• Rehabilitation - idea that the lawbreaker is a social deviant in need of correction or socialization.
• Deterrence -- An individual will be less likely to commit another crime once punished. (deter a specific
individual)
General Deterrence -- Discourage people at large from committing a crime (deter the general
population)
Castle doctrine v Stand your ground - how are they different? - ✔✔Castle Doctrine: a legal doctrine that
designates a person's abode or any legally occupied space. (vehicle or home) as a place in which that
person has protections and immunities permitting in certain circumstances to defend oneself against an
intruder, free from legal prosecution for the consequences of the force used
Stand your ground: provides that people may use deadly force when they reasonably believe it is
necessary to defend against a threat of death, serious bodily harm, kidnapping, rape, or in some
jurisdictions robbery or other serious crimes
, Defenses to crime - ✔✔• Failure to prove state of mind or
• failure to prove the act
• Negates the crime because now element missing (defendant's intent or that the defendant committed
the specific act)
• Justified Defenses:
• Self-defense
• Defense of Another
• Defense of Property
• Law Enforcement
• Public Duty
Necessity
Two key definitions of insanity - why do we not punish insanity? - ✔✔M'Naghten: defect of reason, from
disease of the mind, as not to know the nature and quality of the act he was doing; or if he did know it,
that he did not know he was doing what was wrong
What are included in the term "inchoate crimes," what are examples? - ✔✔• Attempt
• Solicitation
Conspiracy
Categories of homicide - ✔✔• Homicide (Under MPC)
• Murder
• A killing that is caused purposely, knowingly, or recklessly "under any circumstnaces manifesting
extreme indifference to the value of human life."
• Manslaughter
• Voluntary: killing in the heat of passion resulting from adequate provocation by the victim
• Involuntary: killing resulting from criminal negligence; killing in the course of a misdemeanor
• First Degree Murder: "classic" model two types
- Premeditated killing
– Score Higher with Confidence
How to identify the elements of a crime from statute (combination of act and intent - ✔✔Crim Law
requires culpability (intent to commit a crime or be very careless) & blameworthiness (someone did
something wrong).
Mens rea - ✔✔The intention or knowledge of wrongdoing that constitutes part of a crime, as opposed
to the action or conduct of the accused. (the state of mind to commit a crime)
Actus reus - ✔✔Refers to the act or omission that comprise the physical elements of a crime as required
by statute. (the act of crime)
Criminal v Civil law - what are the differences? - ✔✔Civil Law = the system of law concerned with private
relations between members of a community rather than criminal, military, or religious affairs; Criminal
Law = a system of law concerned with the punishment of those who commit crimes.
Why punish crimes? - ✔✔• Retribution - punishment as justice
• Prevention - specific and general deterrence
• Incapacitation - stop someone from committing additional crimes
• Rehabilitation - idea that the lawbreaker is a social deviant in need of correction or socialization.
• Deterrence -- An individual will be less likely to commit another crime once punished. (deter a specific
individual)
General Deterrence -- Discourage people at large from committing a crime (deter the general
population)
Castle doctrine v Stand your ground - how are they different? - ✔✔Castle Doctrine: a legal doctrine that
designates a person's abode or any legally occupied space. (vehicle or home) as a place in which that
person has protections and immunities permitting in certain circumstances to defend oneself against an
intruder, free from legal prosecution for the consequences of the force used
Stand your ground: provides that people may use deadly force when they reasonably believe it is
necessary to defend against a threat of death, serious bodily harm, kidnapping, rape, or in some
jurisdictions robbery or other serious crimes
, Defenses to crime - ✔✔• Failure to prove state of mind or
• failure to prove the act
• Negates the crime because now element missing (defendant's intent or that the defendant committed
the specific act)
• Justified Defenses:
• Self-defense
• Defense of Another
• Defense of Property
• Law Enforcement
• Public Duty
Necessity
Two key definitions of insanity - why do we not punish insanity? - ✔✔M'Naghten: defect of reason, from
disease of the mind, as not to know the nature and quality of the act he was doing; or if he did know it,
that he did not know he was doing what was wrong
What are included in the term "inchoate crimes," what are examples? - ✔✔• Attempt
• Solicitation
Conspiracy
Categories of homicide - ✔✔• Homicide (Under MPC)
• Murder
• A killing that is caused purposely, knowingly, or recklessly "under any circumstnaces manifesting
extreme indifference to the value of human life."
• Manslaughter
• Voluntary: killing in the heat of passion resulting from adequate provocation by the victim
• Involuntary: killing resulting from criminal negligence; killing in the course of a misdemeanor
• First Degree Murder: "classic" model two types
- Premeditated killing
