Criminal Law
()
About this ebook
Suggested uses:
o Used by criminal justice majors and professionals
o Law students and legal professionals at any level
o To understand proportion and relevance within Constitutional Law
o Quick and constant refreshers before classes and exams
o As the last review before taking the Bar Exam
Read more from Bar Charts, Inc.
Chemistry: a QuickStudy Laminated Reference Guide Rating: 5 out of 5 stars5/5DSM-5 Overview Rating: 4 out of 5 stars4/5Legal Writing: QuickStudy Laminated Reference Guide Rating: 0 out of 5 stars0 ratingsSpanish Grammar: a QuickStudy Laminated Reference Guide Rating: 4 out of 5 stars4/5Macroeconomics Rating: 5 out of 5 stars5/5Medical Abbreviations & Acronyms Rating: 4 out of 5 stars4/5Biology: a QuickStudy Laminated Reference Guide Rating: 3 out of 5 stars3/5Statistics: a QuickStudy Laminated Reference Guide Rating: 0 out of 5 stars0 ratingsTorts: QuickStudy Laminated Reference Guide Rating: 5 out of 5 stars5/5Robert's Rules Of Order Rating: 5 out of 5 stars5/5Contracts Rating: 0 out of 5 stars0 ratingsCivil Procedure Rating: 0 out of 5 stars0 ratingsFrench Vocabulary Rating: 5 out of 5 stars5/5Studying Tips, Tricks & Hacks: QuickStudy Laminated Reference Guide to Grade Boosting Techniques Rating: 5 out of 5 stars5/5Medical Terminology:The Basics: a QuickStudy Laminated Reference Guide Rating: 0 out of 5 stars0 ratingsConstitutional Law Rating: 5 out of 5 stars5/5English Verbs Rating: 5 out of 5 stars5/5Accounting 1 Rating: 0 out of 5 stars0 ratingsEvidence Rating: 0 out of 5 stars0 ratingsPhysics Rating: 3 out of 5 stars3/5Microbiology: a QuickStudy Laminated 6-Page Reference Guide Rating: 0 out of 5 stars0 ratingsCommon Grammar Pitfalls & Mistakes Rating: 5 out of 5 stars5/5English Grammar & Punctuation: a QuickStudy Laminated Reference Guide Rating: 0 out of 5 stars0 ratingsMicroeconomics Rating: 5 out of 5 stars5/5Nursing: Assessment Rating: 0 out of 5 stars0 ratingsMath Review: a QuickStudy Laminated Reference Guide Rating: 5 out of 5 stars5/5Spanish Vocabulary: a QuickStudy Laminated Reference Guide Rating: 0 out of 5 stars0 ratingsGRE - Quantitative Reasoning: QuickStudy Laminated Reference Guide Rating: 0 out of 5 stars0 ratingsGRE - Verbal Reasoning Rating: 0 out of 5 stars0 ratings
Related to Criminal Law
Related ebooks
Constitutional Law Rating: 5 out of 5 stars5/5Torts: QuickStudy Laminated Reference Guide Rating: 5 out of 5 stars5/5Comprehensive Glossary of Legal Terms, Law Essentials: Essential Legal Terms Defined and Annotated Rating: 0 out of 5 stars0 ratingsThe Self-Help Guide to the Law: Criminal Law and Procedure for Non-Lawyers: Guide for Non-Lawyers, #8 Rating: 0 out of 5 stars0 ratingsSecrets of Criminal Defense Rating: 5 out of 5 stars5/5Intentional Torts Rating: 5 out of 5 stars5/5Business Law: a QuickStudy Digital Reference Guide Rating: 0 out of 5 stars0 ratingsGale Researcher Guide for: Criminal Defenses and Their Role in Criminal Proceedings Rating: 5 out of 5 stars5/5Putnam's Handy Law Book for the Layman Rating: 0 out of 5 stars0 ratingsCommon Criminal Defenses Rating: 0 out of 5 stars0 ratingsThe Self-Help Guide to the Law: Know Your Constitutional Rights: Guide for Non-Lawyers, #7 Rating: 0 out of 5 stars0 ratingsAn Introduction to the Study of Tort Rating: 5 out of 5 stars5/5The Common Law Rating: 4 out of 5 stars4/5Civil Law and the Civil Justice Process: A Client's Guide Rating: 0 out of 5 stars0 ratingsTorts Mnemonics and Definitions: Mnemonics, #3 Rating: 0 out of 5 stars0 ratingsHow to Process a Legal Appeal Successfully Rating: 0 out of 5 stars0 ratingsCriminal Law Case Digests: And Review Materials on the Revised Penal Code and Other Philippine Penal Laws (1904-2019) Rating: 0 out of 5 stars0 ratingsBehind the Bar: From Intake to Trial Rating: 0 out of 5 stars0 ratingsYou're Under Arrest!: Understanding the Criminal Justice System Rating: 0 out of 5 stars0 ratingsThe Criminal Defense Investigator's Handbook Rating: 0 out of 5 stars0 ratingsEvidence Rating: 0 out of 5 stars0 ratingsLegal Research: a QuickStudy Laminated Law Reference Rating: 0 out of 5 stars0 ratingsCivil Procedure Rating: 0 out of 5 stars0 ratingsCriminal Law & Procedure: Essential Law Self-Teaching Guide Rating: 0 out of 5 stars0 ratingsCivil Procedure, Law Essentials: Governing Law for Law School and Bar Exam Prep Rating: 0 out of 5 stars0 ratingsContracts Rating: 0 out of 5 stars0 ratingsEmployment Law: a Quickstudy Digital Law Reference Rating: 1 out of 5 stars1/5
Law For You
Critical Race Theory: The Cutting Edge Rating: 4 out of 5 stars4/5No Place to Hide: Edward Snowden, the NSA, and the U.S. Surveillance State Rating: 4 out of 5 stars4/5Trans: When Ideology Meets Reality Rating: 3 out of 5 stars3/5Legal Words You Should Know: Over 1,000 Essential Terms to Understand Contracts, Wills, and the Legal System Rating: 4 out of 5 stars4/58 Living Trust Forms: Legal Self-Help Guide Rating: 5 out of 5 stars5/5Win Your Case: How to Present, Persuade, and Prevail--Every Place, Every Time Rating: 5 out of 5 stars5/5The Everything Guide To Being A Paralegal: Winning Secrets to a Successful Career! Rating: 5 out of 5 stars5/5Wills and Trusts Kit For Dummies Rating: 5 out of 5 stars5/5The Law Rating: 4 out of 5 stars4/5Estate & Trust Administration For Dummies Rating: 0 out of 5 stars0 ratingsDeath in Mud Lick: A Coal Country Fight against the Drug Companies That Delivered the Opioid Epidemic Rating: 4 out of 5 stars4/5Legal Writing in Plain English: A Text with Exercises Rating: 3 out of 5 stars3/5Law For Dummies Rating: 4 out of 5 stars4/5The ZERO Percent: Secrets of the United States, the Power of Trust, Nationality, Banking and ZERO TAXES! Rating: 5 out of 5 stars5/5The Paralegal's Handbook: A Complete Reference for All Your Daily Tasks Rating: 4 out of 5 stars4/5The Socratic Method: A Practitioner's Handbook Rating: 4 out of 5 stars4/5When Harry Became Sally: Responding to the Transgender Moment Rating: 3 out of 5 stars3/5Executor's Guide, The: Settling a Loved One's Estate or Trust Rating: 0 out of 5 stars0 ratingsWith Liberty and Justice for Some: How the Law Is Used to Destroy Equality and Protect the Powerful Rating: 4 out of 5 stars4/5The LLC and Corporation Start-Up Guide: Your Complete Guide to Launching the Right Business Rating: 5 out of 5 stars5/5Summary of Tom Wheelwright's TaxFree Wealth Rating: 0 out of 5 stars0 ratingsNo Stone Unturned: The True Story of the World's Premier Forensic Investigators Rating: 4 out of 5 stars4/5Secrets of Criminal Defense Rating: 5 out of 5 stars5/5Win In Court Every Time Rating: 5 out of 5 stars5/5How to Think Like a Lawyer--and Why: A Common-Sense Guide to Everyday Dilemmas Rating: 3 out of 5 stars3/5The Everything Executor and Trustee Book: A Step-by-Step Guide to Estate and Trust Administration Rating: 3 out of 5 stars3/5Legal Forms for Everyone Rating: 4 out of 5 stars4/5Family Trusts: A Guide for Beneficiaries, Trustees, Trust Protectors, and Trust Creators Rating: 5 out of 5 stars5/5
Reviews for Criminal Law
0 ratings0 reviews
Book preview
Criminal Law - BarCharts, Inc.
Table of Contents
ACT (ACTUS REUS)
INTENT (MENS REA)
CRIMES
DEFENSES
PURPOSES OF PUNISHMENT
BURDEN OF PROOF
MODEL PENAL CODE (MPC)
REQUIREMENTS:
ACT + INTENT + RESULT = CRIME – DEFENSES ( AIRCD)
Abbreviation key:
A. = Amendment; Art. = Article
ACT (ACTUS REUS)
Definition: A voluntary act
Actus reus is satisfied by either:
A volitional act
Thoughts alone are insufficient to establish the actus reus element
Some kind of action in addition to thoughts is required for a valid criminal prosecution
A legislature cannot criminalize thoughts that it disagrees with [R.A.V. v. City of St. Paul]
Thoughts plus an overt act or substantial step toward a crime can constitute an attempt crime; historically, attempt crimes were treated as misdemeanors; however, modernly, attempt crimes are classified as felonies
Once an act is established, thoughts can be used by the prosecution as evidence of motive or intent
The punishment for a battery offense can be enhanced because of the defendant’s biased motive of selecting the victim on account of the victim’s race [WI v. Mitchell]
An omission to act where there is a legal duty to act
OMISSION
Legal duty to act created by:
Statute
Good Samaritan statutes mandate a duty to assist if one can assist without causing danger or peril to any person; violation of a Good Samaritan statute typically constitutes a misdemeanor offense with a fine as punishment
Contract
A contract with a nursing home or private party to provide care; failure to provide the food and medical care that was contractually agreed on can establish the actus reus element necessary to prosecute the caregiver whose omission to act caused the death of a patient [Commonwealth v. Pestinikas]
Voluntary assumption of care and seclusion
Special relationship
A parent-child relationship creates a duty to provide food, shelter, and protection for the child; a parent’s failure to protect a child from physical abuse can establish the actus reus element necessary to prosecute the parent, even if the parent did not do any of the physical abuse, based on the parent’s omission to affirmatively act to protect the child [Commonwealth v. Howard]
A stranger does not have a duty to protect a child from physical abuse unless specifically required by a state statute
Wrongful creation of peril
NOTE: Failure to act where there is no