Study guide #1
Study guide #1 CJ 341
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This 4 page Study Guide was uploaded by Nicole Wolfe on Sunday September 18, 2016. The Study Guide belongs to CJ 341 at University of North Dakota taught by Kristi Venhuizen in Fall 2016. Since its upload, it has received 27 views. For similar materials see Criminal Law in Criminal Justice at University of North Dakota.
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Date Created: 09/18/16
Chapter 1 – Fundamental of Criminal Law and Procedure Know difference between substantive law and procedural law 3 Fundamental principles: o Constitutional supremacy o Federalism o Separation powers Actus Reus (wrongful act) vs Mens Rea (criminal intent) N.D.C.C. 12.1-32-01 Criminal Law vs Civil Law Mala in se vs Mala prohibita Law in the Western World English Common Law American Criminal Law Constitutional Limitations to the Development of Criminal Law o Bill of Rights o First Amendment o Fourth Amendment o Fifth Amendment o Sixth Amendment o Eighth Amendment o Fourteenth Amendment Role of courts o Trial courts o Appellate courts Criminal process o Due Process o Presumption of Innocent o Proof Beyond a Reasonable Doubt o Causes of the “sieve effect” Chapter 3 – Constitutional Limitations on the Prohibition of Criminal Conduct Judicial Review o Marbury v Madison Power to Enact Criminal Laws o Rule of Law o Police Powers o Article 1, Section 8 Enumerated Powers o Article 1, Section 8 – Necessary and Proper Clause McCulloch v Maryland (1819) United States v Lopez (1995) United States v Morrison (2000) Gonzales v Raich (2005) Delimitating the Crime of Treason o Definition of treason o Common law Ex Post Facto Laws o Principle of legality o 4 types of ex post facto laws o Miller v Florida (1987) o Carmell v Texas (2000) o Stogner v California (2003) Bill of Rights o First 10 Amendments to the Constitution Ratified in 1791 o Baron v Baltimore (1833) o Fourteenth Amendment – ratified 1868 o Due process clause Freedom of Expression o Freedom of the press and freedom of speech o Clear and present danger doctrine o Symbolic speech o Hate speech o Obscenity o Profanity Cohen v California (1971) People v Boomer (Mich. App. 2002) City of Bismark v Schoppert, 469 N.W.2d 808 (N.D. 1991) Freedom of Assembly Free exercise of religion Right to Keep and Bear Arms o United States v Miller (1939) o DC v Heller (2008) Vagueness and Overbreadth o Fifth Amendment o Two elements Fair notice Fair hearing o Vagueness doctrine o Doctrine of overbreadth o Coates v City of Cincinnati (1971) Freedom from Compulsory Self-Incrimination o Fifth Amendment The Prohibition against Cruel and Unusual Punishments o Eighth Amendment Right of Privacy o Ninth Amendment o Griswold v Connecticut (1965) o Roe v Wade (1973) o Washington v Glucksberg (1997) Equal Protection o Fourteenth Amendment Standards of Judicial Review o Rational basis test o Strict judicial scrutiny Importance of State Constitutions Chapter 4 – Elements of Crime and Parties to Crime Actus Reus What is an act? o N.D.C.C. 12.1-01-04(1) Failure to Act as Actus Reus o Act of omission o N.D.C.C. 12.1-01-04(23) Possession o Actual possession vs constructive possession o N.D.C.C. 12.1-02-01 Status Mens Rea General v specific intent o N.D.C.C. 12.1-02-02 o Transferred intent Strict liability Causation o Proximate cause o N.D.C.C. 12.1-02-05 Parties to crime o Common law v American approach Accomplices o N.D.C.C. 12.1-03-01 Chapter 5 – Inchoate Offenses Inchoate offenses Attempt o Actus Reus o Mens Rea o Merger Defenses to attempt o Legal impossibility v factual impossibility o Abandonment o N.D.C.C. 12.1-06-01 o N.D.C.C. 12.1-06-05(3)(a) and (c) Solicitation o Common law o Actus Reus o Uncommunicated solicitation o Mans Rea o Solicitation is complete when the request is made o Merger Defenses to solicitation o Countermands the solicitation o Impossibility o Complete and voluntary renunciation o N.D.C.C. 12.1-06-03 o N.D.C.C. 12.1-06-05(3)(b) and (c)
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