CRJ 181 Exam 1 Study Guide
CRJ 181 Exam 1 Study Guide CRJ181-040
Kutztown University of Pennsylvania
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This 2 page Study Guide was uploaded by Alyssa Husko on Friday February 12, 2016. The Study Guide belongs to CRJ181-040 at Kutztown University of Pennsylvania taught by Arthur Garrison in Spring 2016. Since its upload, it has received 47 views. For similar materials see Criminal Law in Criminal Justice at Kutztown University of Pennsylvania.
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Date Created: 02/12/16
EXAM 1 CRJ 181 STUDY GUIDE A good amount of the exam is based off of Actus Reus and Mens Rea (chapters 3 and 4). Content in chapter 8 will also be included. The mental part of a crime is MENS REA. The act of the crime is ACTUS REUS o Mens rea- Wanting to kill someone o Actus reus- Getting the gun and pulling the trigger Purposefully means that the defender WANTED TO CAUSE HARM o Following someone home and shooting them Knowingly means the defender is aware that what they are doing will cause harm o Dumping toxic waste in a river that is part of a water supply Recklessly means the defender knew of a risk of harm and did the act anyway o Drinking and driving at any time Negligent means the defendant SHOULD have known of the risk o Driving 50mph down a road where children are known to play Incapacitation- so they cant do it again Incarceration- banishment (jail) Retribution- Revenge Rehabilitation- to get them better Swiftness- the time between doing the crime and getting caught Sureness- how sure you are of getting caught Sever- level of pain of the sanction (how long in jail, death penalty or not) Substantive law- definitional Procedural law- the rules of operation Criminal law = prison time Civil law = being sued Mala in se o Self evident. ie murder, rape, theft Mala prohibita o Wrong because the statute said so. Every other crime 2 types of causation o cause in fact- you did something and something happened o legal cause- you are found legally responsible for what you did o YOU HAVE TO PROVE BOTH Motive = why Intent = decision o STATUTE REQUIRES INTENT Forseeable- if your actions make sense, it is still your fault even if something else comes into play Intervening cause is when something happens between what you did (the act) and the harm. o Pushing a boulder down a hill to watch everyone run away, but the boulder gets stuck on a tree. Three years later there is an earth quake and the boulder moves and kills someone. The earthquake is an intervening cause. There are 2 types: Independent: NOT foreseeable o You shoot someone and when they get to the hospital and the doctor is performing surgery, a mass murderer comes in and kills everyone. This will break causation. Incidental: foreseeable o You shoot someone and at the hospital, the doctor accidentally leaves a sponge in the person after being sewed up. They die of infection. This does NOT break causation because medical malpractice is foreseeable. Inchoate crimes- Taking some steps towards accomplishing the crime, but not enough steps to complete the intended crime. Renunciation- You can not be charged of a crime if you VOULENTAIRLY take affirmative steps and prevent the commission of a crime o A man who pushes a woman against the wall with a knife to her throat and attempts to rape her, but stops because she says she is pregnant. This is renunciation. o Stopping the crime because you are afraid of getting caught is NOT renunciation. One voluntary act rule- You only need ONE substantial step to be charged of a crime o Getting the gun, loading the gun, aiming the gun, but not pulling the trigger, just one of those steps except for pulling the trigger can be used for the one voluntary act rule. Jurisdiction is the legal authority to hear a case Venue is the physical geographic location If you sit on the federal bench you serve for a term of good behavior Good luck everyone!
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