Criminal Law Study Guide

1. Q: Why do we have criminal law? A: To punish those who commit crimes. 2. Q: What is judicial review? A: Allows appellate courts to interpret the acts and events that occur in the other two branches, as well in lower courts. 3. Q: Jurisdiction- how does it work and what does it do? A: The lawful right of the legislative, executive, or judicial branch to exercise official authority. 4. Q: Codified Law- A: When a state has reduced their customs, unwritten laws, and rules to written statutes. 5. Q: Sources of Law- A: Four sources- Statutes, constitutions, judicial decisions, and administrative regulations.

6. Q: Elements of a crime- A: 1. A criminal act. 2. A criminal state of mind. 3. Concurrence of a criminal act and a criminal state of mind. 4. Causation. 7. Q: Thought police- A: People who aim to suppress ideas that deviate from the way of thinking that they believe to be correct. 8. Q: Status punishments- A: Punishment equal to the social status of the perpetrator. 9. Q: Are there times where you are legally required to act? A: Good Samaritan laws are laws or acts offering legal protection to people who give reasonable assistance to those who are injured, ill, in peril, or otherwise incapacitated. 10.

Q: Intent- A: The willful commission of an act. Mens rea- “Guilty Mind” 11. Q: Liability without fault- A: Three categories: Strict liability (statutory rape), Vicarious liability (culpability for the acts of another), and Enterprise liability. 12. Q: Inchoate crime- A: Crime of preparing or seeking to commit another crime. 13. Q: What constitutes an attempted crime? A: Two parts: 1. A criminal intent 2. A criminal act. An attempt includes a lack of the consummation of the intended act. 14. Q: Facilitating a crime- A: Aiding and abetting a criminal. (Helping it happen) 15. Q: Elements of a conspiracy- A: Two acts: 1.

A criminal act, which may be an agreement. 2. A criminal intent. 16. Q: What the Wharton Rule? A: Individuals are not held criminally culpable as accomplices when they assist to commit crimes. (Prostitutions, which requires two parties) 17. Q: RICO- Who can it or can’t it prosecute? A: (Racketeer Influenced and Corrupt Organization Act) Mainly used to prosecute organized crime. Also can prosecute doctors, lawyers, labor unions, and government officials. 18. Q: Purpose of law, Civil or criminal? A: To control behavior to protect the interests of society and of individuals. 19. Q:Punishment Laws- A: 20. Q: Goals of punishment, Retribution.

A: Retribution- Public or legal revenge. Permits society’s governing body to impose punishment on criminal offenders. 21. Q: Dram shop laws. A: Holds bar owner accountable for personal harm inflicted on someone by an intoxicated person (or minor) that was at their bar. (paraphrased) 22. Q: Where do we get law from? A: English common law. 23. Q: Who decides to prosecute? A: 24. Q: Moral turpitude- A: Conduct that is considered contrary to community standards of justice, honesty or good morals. 25. Parole “Good time credit” Can a state do away with it? A: No it can’t. Because, prisoners need to have a goal look forward to.

Without the possibility of parole, there is no incentive to have good behavior. 26. Double Jeopardy- Know the elements. A: 27. What crimes are subject to execution? A: Murder 28. Q: Solicitation- A: The inciting, ordering, requesting, or enticing of another person to commit a crime. 29. Substantial Step- A: Some overt act which in the ordinary and likely course of things will result in, the commission of the particular crime 30. Q: Legal Impossibility- A: When a person believes she is committing a crime, but the act is, in fact, lawful. 31. Q: Accomplices Liability (elements)- A: Three elements: 1.

Whether it is necessary to find the principal guilty before convicting the accomplice. 2. The act. 3. The mental state. 32. Q: RICO- A: pg 78 33. Q: What’s a Racket? A: Organized crime to obtain an illegal goal by means of threats. 34. Q: Equal Protection- A: Everyone is afforded the same protection under the law. 35. Q: Inquisitorial system, Adversarial system- A: Inquisitorial: Legal system where the court or a part of the court is actively involved in investigating the facts of the case. A: Adversarial: The role of the court is primarily that of an impartial referee between the prosecution and the defense.