CRIMINAL LAW CHAPTER 3
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8 terms
Terms | Definitions |
|---|---|
 CORPUS DELICTI | BODY OF THE CRIME PROOF THAT A CERTAIN RESULT HAS BEEN PRODUCED AND THAT A PERSON IS CRIMINALLY RESPONSIBLE. |
| CAUSATION | REFERS TO THE FACT THAT THE CONCURRENCE OF A GUILTY MIND AND A CRIMINAL ACT MUST PRODUCE OR CAUSE HARM. AN ACTUAL LINK BETWEEN THE ACTOR'S CONDUCT AND THE RESULTING HARM |
| PROXIMATE CAUSE | HOLDS INDIVIDUALS CRIMINALLY LIABLE FOR CAUSING HARM WHEN IT CAN LOGICALLY BE SHOWN THAT THE HARM CAUSED WAS REASONABLY FORESEEABLE FROM THEIR CONDUCT. BUT FOR THE CONDUCT OF THE ACCUSED THE HARM IN QUESTION WOULD NOT HAVE OCCURRED. |
| LEGAL CAUSE | REQUIRED TO BE DEMONSTATED IN COURT IN ORDER TO HOLD AN INDIVIDUAL CRIMINALLY LIABLE FOR CAUSING HARM. |
| HARM | ACTUAL OR POTENTIAL CONSEQUENCE (LOSS OR HARM) OF CULPABLE ACTIVITY IS OFTEN CITED AS A GENERAL FEATURE IN CRIME. SPECIFIC HARM IS NOTED IN MURDER RAPE AND ASSULT. GENERAL OR DIFFUSED HARM IN ENVIRONMENT CRIMES...VICTIMLESS CRIMES SUCH AS PROSTITUTION GAMBLING OR DRUG USE. DOESNT APPEAR TO HARM YET IT CAUSES SOCIAL HARM |
| DEGREE OF HARM | DEGREE OF HARM MAY BE AN ELEMENT OF A CRIME. THE MORE SERIOUS THE HARM THE GREATER THE CRIME. |
| PRINCIPLE OF LEGALITY | REFLECTS THE FACT THAT BEHAVIOR CANNOT BE CRIMINAL IF NO LAW EXISTS THAT BOTH DEFINES IT AS ILLEGAL AND PRESCRIBES PUNICHMENT. |
| EX POST FACTO | LAW CREATED TOMORROW THAT WILLHOLD A PEROSN LEGALLY RESONSIBLE FOR SOMETHING DONE TODAY |
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