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Accuse anyone of a criminal offense, or 3. Expose any secret tending to subject any person to hatred, contempt or ridicule, or to impair his credit/ business repute; or 4. Take or withhold action as an official, or cause an official to take or withhold action; or 5.
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Aug 12, 2023 · Among other things, courts have helped shape the criminal justice system, outline what the prosecution must prove to get a conviction, and define the strategies that a defendant can use to protect their freedom. Below is an outline of key cases in criminal law with links to the full text of virtually every case, provided free by Justia.
Criminal Law Outline 9/22/15 9:30 PM. General Principles. o Common Law ! Criminal Statues ! Legislation o Legislators, today, rather than judges exercise primary responsibility for defining criminal conduct and for devising the rules of criminal responsibility. • Deals with crimes prior to their commission, punishment is imposed by other ...
C. Limits on the Criminal Law State and federal legislation is subject to the strictures of the United States Constitution (and, with state laws, the constitution of the relevant state). Some of these strictures are discussed throughout this Outline. D. Burden of Proof: Basics A basic American principle of criminal law is that a defendant is ...
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- Purposes and Principles
- General & Selective
- No Retroactivity No excessive vaguess
- Criminal Act / Criminal Mind
- Conduct Purpose
- OR
- Inchoate Crimes
- (b) Last Proximate Act
- Pinkerton Rule
- No Merger
- Reasonable Firmness
Purposes of Punishment Retribution Deterrence Reform Incapacitation Kant / Stephen
Principles of Just Punishment Legality Proportionality Constitutional Limits Fair Notice / Statute
Life Imprisonment for forgery? No Cruel & Unusual Punishment
Criminal Act (Actus Reus) Mens Rea Criminal Mind Voluntariness Omissions as Acts Causation + Common Law General Intent Specific Intent
Harm, e.g. assault Requiring Harm (e.g. Theft; Attempt) Circumstances Knowledge Results Recklessness
Aggravated Degees E.g. Murder Mens Rea Role of Mistake
Attempt Purpose of Accomplishing Criminal End PLUS
--OR-- (c) Substantial Step Strongly Corroborative of Criminal Purpose Completed Conduct that Fizzled Aborted Conduct
(Liability Extends to Acts Inferrable from Scope of Conspiracy)
Separate Punishment for Conspiracy and Substantive Crime Model Penal Code
Couldn't Resist Purpose or Knowledge: May Negative Mens Rea Recklessness or Neg.: Intoxication No Defense Cognitive Prong Must Appreciate Wrongfulness Control Prong Able to Conform Conduct to Law? Particular Crimes
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Criminal Law. 4.3 out of 5 Very Good (4 reviews) Covers the criminal justice system in the United States, the elements of a crime, homicide, property crimes, inchoate offenses, defenses, and punishment. Start your FREE 7-day trial. (Get online-only access to all Quimbee Outlines) Download this outline ($29) (Get lifetime access to the most up ...
State; MPC 2.01(1)) Under the MPC, (a) reflex/convulsion, (b) bodily movement during unconsciousness or sleep, (c) conduct during hypnosis or resulting from hypnotic suggestion, or (d) bodily movement otherwise not a product of effort/determination of the actor is not a voluntary act (MPC 2.01(2)). One core act is usually enough for actus reus ...
