DSST Criminal Justice cheat sheet

Corpus delicti requires proof that a crime occurred, not a confession alone; actus reus (guilty act) and mens rea (guilty mind) must generally concur.

Mens rea levels from most to least culpable: purpose (intent), knowledge, recklessness, negligence; Model Penal Code uses these four tiers instead of common-law malice terms.

Strict liability offenses (e.g., statutory rape, some regulatory violations) require no proof of intent; only the prohibited act must be shown.

Criminal defenses: alibi (denies act), justification (self-defense, necessity, duress) excuses the act, excuse (insanity, infancy, entrapment) denies responsibility.

M'Naghten test: defendant did not know the nature of the act or that it was wrong; irresistible impulse and Model Penal Code substantial-capacity tests are alternatives.

Felony murder rule: a death during commission of an inherently dangerous felony (burglary, robbery, rape, arson, kidnapping) can be first-degree murder without intent to kill.

Attempt requires intent plus a substantial step beyond mere preparation; conspiracy requires agreement plus intent to agree and intent to achieve the unlawful objective.

Theories of punishment: retribution (just deserts), deterrence (specific and general), incapacitation, rehabilitation, and restoration; each predicts different sentencing outcomes.

Fourth Amendment governs searches and seizures; a warrant requires probable cause supported by oath or affirmation and particular description of place and items.

Exclusionary rule (Mapp v. Ohio, 1961) bars illegally obtained evidence in state trials; fruit-of-the-poisonous-tree doctrine extends the bar to derivative evidence.

Warrant exceptions: consent, search incident to lawful arrest, plain view, exigent circumstances, automobile exception, stop-and-frisk (Terry v. Ohio, 1968).

Terry stop requires reasonable, articulable suspicion; frisk limited to weapons pat-down; probable cause raises the standard for arrest and full searches.

Miranda warnings (custody plus interrogation) must state right to remain silent, statements used against you, right to counsel, and appointed counsel if indigent.

Custody for Miranda means formal arrest or restraint equivalent to it; routine booking questions and public-safety questions (New York v. Quarles) are exempt.

Sixth Amendment right to counsel attaches at formal charging (critical stage) and is offense-specific; it differs from the Fifth Amendment custodial right.

Use-of-force standard: objective reasonableness under Graham v. Connor (1989), judged from the perspective of a reasonable officer on the scene at the moment of force.

Dual court structure: federal courts (district, circuit courts of appeals, Supreme Court) and state courts (trial, intermediate appellate, state supreme court).

Jurisdiction: subject-matter jurisdiction defines the type of case; personal jurisdiction requires minimum contacts; venue is the geographic place of trial.

Federal jurisdiction over crimes requires a federal statute (e.g., drug trafficking, bank robbery, civil rights violations); most crimes are prosecuted in state court.

Grand jury (federal felonies) issues indictment by probable cause; information is a prosecutor's charging document; arraignment is where the plea is entered.

Plea bargaining resolves most criminal cases; the court must find the plea knowing, voluntary, and factually supported before accepting it.

Right to jury trial applies to serious offenses (potential imprisonment over six months); unanimity generally required in criminal verdicts.

Burden of proof in criminal cases is beyond a reasonable doubt; the prosecution bears it, and the defendant is presumed innocent.

Double jeopardy (Fifth Amendment) bars retrial after acquittal or conviction; it does not bar mistrial for hung jury or retrial after appeal of a conviction.

Types of sentences: indeterminate (range with parole release), determinate (fixed term), mandatory minimum, and presumptive sentencing guidelines.

Sentencing guidelines (e.g., federal) calculate offense level and criminal history category; courts must consider but are not bound to follow them (United States v. Booker, 2005).

Capital punishment requires individualized consideration of mitigating evidence (Lockett v. Ohio); death penalty barred for offenders under 18 (Roper v. Simmons) and intellectually disabled (Atkins v. Virginia).

Eighth Amendment prohibits cruel and unusual punishment; proportionality review applies to sentences grossly disproportionate to the offense.

Concurrent sentences run simultaneously; consecutive sentences run one after another; parole eligibility is set by statute or the sentencing court.

Restorative justice emphasizes offender accountability to victims and community, often through victim-offender mediation and restitution rather than incarceration.

Three-strikes and truth-in-sentencing laws increase terms for repeat offenders and limit early release; they raise concerns about disproportionality and prison crowding.

Sentencing factors: aggravating circumstances increase severity; mitigating circumstances reduce it; prior record, offense seriousness, and harm to victims are central.

Custody levels range from minimum (dormitory, low supervision) through medium to maximum (single cell, high security); classification determines placement.

Inmate rights: Eighth Amendment protects against deliberate indifference to serious medical needs (Estelle v. Gamble) and unsafe conditions.

First Amendment protects inmate mail, religion, and access to courts; restrictions must be reasonably related to legitimate penological interests (Turner v. Safley).

Fourth Amendment privacy rights are sharply limited in prison; routine searches of cells and persons do not require a warrant or probable cause.

Due process in disciplinary hearings requires advance notice of charges, an opportunity to be heard, and a written statement (Wolff v. McDonnell).

Parole boards decide release and conditions; revocation requires a hearing with notice and counsel in some circumstances (Morrissey v. Brewer).

Prison labor is generally lawful; inmates may be required to work, and wages are typically far below minimum wage.

Recidivism reduction programs include education, vocational training, substance-abuse treatment, and cognitive-behavioral therapy; reentry planning begins before release.

Juvenile court jurisdiction typically covers offenders under 18 (age varies by state); status offenses (truancy, running away, curfew violations) are noncriminal acts unique to juveniles.

Kent v. United States (1966) required a hearing before waiver to adult court; In re Gault (1967) extended notice, counsel, confrontation, and silence rights to juveniles.

In re Winship (1970) set beyond-a-reasonable-doubt proof for delinquency; McKeiver v. Pennsylvania (1971) held no jury trial right in juvenile proceedings.

Juvenile dispositions: probation, restitution, community service, counseling, foster placement, and residential commitment; incarceration is a last resort.

Diversion programs (teen court, mediation, community panels) route first-time or minor offenders away from formal adjudication.

Transfer/waiver to adult court: judicial waiver, prosecutorial direct file, and statutory exclusion; reverse waiver returns a case to juvenile court.

Balanced and restorative justice (BARJ) model emphasizes community protection, competency development, and accountability to victims.

Sealing or expunging juvenile records limits access after rehabilitation; most states allow sealing after a waiting period and clean record.