Midterm Study Guide

(Chapt. 1-5)
40 multiple choice (Wed 2/25)
1 essay (Fri 2/27)
I. Chapt. 1: The Nature and Limits of Criminal Law Punishment
A. 2 Broad Categories of Punishment
1. Retribution (define):
2. Prevention (define):
a. 4 kinds of prevention
1) General deterrence
2) Special deterrence
3) Incapacitation
4) Rehabilitation
II. Chapt. 2 Limits on Power of Government to Create Crimes
A. Ex post facto laws
1. Define:
2. 3 types
B. Due Process - Void for Vagueness Doctrine
1. Define:
2. State v. Metzger (2 prong test)
C. Equal Protection of the Law
1. 14th Amendment - define
2. Describe the 3 classifications and level of scrutiny that applies to each
D. 1st Amendment
1. Freedom of speech define
2. Know the standard the government has to meet to pass a law that restricts
free speech
3. 5 Categories of Expression not protected by the 1st Amendment:
E. Right to Privacy
1. Define
2. Know the amendments that the right to privacy is based on.
3. Know the standard the government must meet in order to criminalize private
conduct.
F. 2nd Amendment Right to Bear Arms
1. Define 2nd Amendment
2. DC v. Heller (Impact of the Supreme Courts decision)
G. 8th Amendment Ban on Cruel and Unusual Punishments
1. Barbaric Punishments
a. In re Kemmler (be familiar with)
b. Define cruel and unusual
2. Proportional Punishments
a. The principle of proportionality (define):
b. Be familiar with Ewing v. California

III. Chapt. 3: Actus Reus

A. Actus Reus
1. Manifest criminality (define):
2. Voluntariness:
a. Define (involuntariness)
b. Requirements
B. Status
1. Define
2. 2 ways it can arise
C. Omissions
1. Define
2. 2 Types
3. Legal duty
a. define
b. 3 ways duty is created
c. be familiar with Commonwealth v. Pestinakas
D. Possession
1. Define
2. Legal fiction: (define)
3. Key Concepts in discussing the concept of Possession
a. Control:
1) Actual Possession
2) Constructive Possession
b. Knowing:
1) Knowing possession: 2) Mere possession 4. Be familiar with the test for joint occupancy in Miller v. State
IV. Chapt. 4: Mens Rea, Concurrence and Causation
A. Mens Rea
1. Define
2. Describe the 4 mental states identified by the MPC (and their level of culpability
from most to least)
B. Causation
1. define
2. Bad result crimes (define):
3. 2 types of cause
C. Ignorance and Mistake -be able to distinguish between:
1. Mistake of fact
2. Ignorance of the law
3. Strict liability statutes

II. Chapt. 5: Justification

A. Introduction
1. Affirmative defenses (define):
2. Burden of persuasion
B. Justification
1. Define
C. Self Defense
1. Describe the 4 elements for common law self defense
2. People v. Goetz
3. The new Castle laws (including Florida)
D. The Principle of Necessity
1. Describe
2. MPCs 3 elements:
E. Consent
1. Define
2. Be familiar with the 4 Exceptions that allow the defense of consent as a
justification
3. Know the 3 additional requirements
***By be familiar, I mean have a general understanding of the facts and the legal concept that
the case stood for except for the cases where I tell you to also be familiar with the test used in
that case. Then you should understand how the test works, in case you are given that test to
apply to a set of facts in an essay (hint, hint)