Spea-v 184 exam 2 Questions and Answers(A+ Solution guide)

How to identify the elements of a crime from statute (combination of act and intent - Crim Law requires culpability (intent to commit a crime or be very careless) & blameworthiness (someone did something wrong). Mens rea - The intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused. (the state of mind to commit a crime) Actus reus - Refers to the act or omission that comprise the physical elements of a crime as required by statute. (the act of crime) Criminal v Civil law - what are the differences? - Civil Law = the system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs; Criminal Law = a system of law concerned with the punishment of those who commit crimes. Why punish crimes? - • Retribution - punishment as justice • Prevention - specific and general deterrence • Incapacitation - stop someone from committing additional crimes • Rehabilitation - idea that the lawbreaker is a social deviant in need of correction or socialization. • Deterrence -- An individual will be less likely to commit another crime once punished. (deter a specific individual) General Deterrence -- Discourage people at large from committing a crime (deter the general population) Castle doctrine v Stand your ground - how are they different? - Castle Doctrine: a legal doctrine that designates a person's abode or any legally occupied space. (vehicle or home) as a place in which that person has protections and immunities permitting in certain circumstances to defend oneself against an intruder, free from legal prosecution for the consequences of the force used Stand your ground: provides that people may use deadly force when they reasonably believe it is necessary to defend against a threat of death, serious bodily harm, kidnapping, rape, or in some jurisdictions robbery or other serious crimesDefenses to crime - • Failure to prove state of mind or • failure to prove the act • Negates the crime because now element missing (defendant's intent or that the defendant committed the specific act) • Justified Defenses: • Self-defense • Defense of Another • Defense of Property • Law Enforcement • Public Duty Necessity Two key definitions of insanity - why do we not punish insanity? - M'Naghten: defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or if he did know it, that he did not know he was doing what was wrong