CJ 2360 Study Guide 1!
CJ 2360 Study Guide 1! CJ 2360.002
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This 3 page Study Guide was uploaded by Maricela Castro on Tuesday September 20, 2016. The Study Guide belongs to CJ 2360.002 at Texas State University taught by Dr. J. D. Elshoff, B.A., J.D., C.Min., in Fall 2016. Since its upload, it has received 120 views. For similar materials see Fundamentals of Criminal Law in Criminal Justice at Texas State University.
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Date Created: 09/20/16
CJ 2360.002 FUNDAMENTALS OF CRIMINAL LAW STUDY GUIDE #1 ü July 4, 1776—when America became a country ü Stare decisis—the legal principal that binds courts to stand by prior decisions and use them as the standards by which to judge subsequent cases. ü 7 prima facie elements o breaking, entering, dwelling house of, another during the, nighttime w/intent of committing a, felony, therein ü mala in se o Crimes that are inherently (morally) bad ex. Rape, murder, theft ü & mala prohibita o acts that are crimes only because the government has declared them criminal, not inherently bad ex. Hunting w/o a license. o Wrong b/c prohibited by a statute ü trial de novo—brand new trial ü A defendant is presumed innocent until proven guilty! ü if a defendant is convicted of something in a justice court (JC) to the district court (DC), they cannot affirm or reverse it. If they feel the district court did the right thing will affirm it, if they feel they didn’t they will reverse it. ü tort—civil wrong ü bill of rights—first 10 Amendments ü venue—geographical location where a trial should be held ü 2 main categories of law? o Case & statutory ü jurisdiction o DC do all kinds o JC can’t do divorces or felonies ü double jeopardy o can’t be retried for the same crime in the same court ü actus reus & mens rea need to be found together o actus reus—an illegal act the act of failure to act constitutes the crime o mens rea—the mental state required to constitute a crime o to constitute a crime, there must be a joint union or operation of act and intent; o the act and intent must occur together ü scienter—guilty knowledge ü general intent, specific, constructive, & transferred intent. ü constructive intent—one that the court makes up—mens rea ü causation—implicit element of the actus reus ü Texas doesn’t have infraction, California does ü page 43—proximate (legal) cause—refers to the act that was directly responsible for the harm ü evidentiary standard proof ü Congress, Shall, Make, No, Unconstitutional, Law, Abridging The Freedom of Speech ü page 51—elements of specific intent to commit a crime and act to carry out CJ 2360.002 FUNDAMENTALS OF CRIMINAL LAW STUDY GUIDE #1 ü not online, but face to face solicitation (non-sexual)—requesting, commanding, or attempting to induce a minor to engage in conduct that would make the minor a party to the commission of the offense. ü solicitation o having the intent that another person commits a crime o asking, encouraging or questioning another person to commit a crime ü If a 40-year-old male asks to have sex with a 16-year-old he is soliciting, and if he does, it’s statutory rape. ü conspiracy requires 2 or more parties ü page 61—specific intent grey area with scholars and courts ü accomplice—during ü accessory—after the fact ü violation of existing societal rule expressed in a criminal statute o crime! ü Hierarchies of crimes: Felony, Misdemeanor, infraction ü Most serious of all crimes is—treason o Treason is a –felony ü True or false: Stare decisis is presumed innocent until proven guilty—false ü County wide clerks=jail ü State wide=prison ü True or false: All states including Louisiana conclude to English common law o False!!! From French ü Violation of a city ordinance prohibits racial group going to a certain part of that city— 14 amendment equal protection ü In the casing chief what does the defendant have to prove—nothing o However, if a defendant has an affirmative defense, in order to have that considered by the court have to ask judge? Alibi, if he can prove he was in Houston during a crime, prove he wasn’t here, he has to allege that ü Can’t do anything ending w/-ly ü Can you be found guilty of not doing something when you should have? o Yes. o Omission o Legal duty ü State of negligence of statutory rape? o There is none, just doing it guilt o Automatically guilty ü Page 37 o Specific intent has to be proven ü True or false: there are peers in the constitution—false ü What do we mean by principal in terms of criminal law, page 63? o Person who commits the substantive crime ü Inchoate (preparatory) crimes — criminal acts that go beyond mere thoughts but occur before the CJ 2360.002 FUNDAMENTALS OF CRIMINAL LAW STUDY GUIDE #1 substantive criminal acts are completed. o Conspiracy o Solicitation o Intent ü A crime is an offense against the public ü In Texas, which DWI is considered a felony? 3 . 1 & 2 —Misdemeanors ü Problems with accomplices and accessories ü No cases to remember for exam 1. ü Final question o Pick True answer and make sure to answer all questions preceding this one in order to retain credit.
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