A body of specific rules that declare what conduct is criminal and prescribe the punishment to be imposed for such conduct.
Example: Wills, contracts
rules for enforcement of legal rights and duties.
act in violation of a criminal mind for which a punishment is prescribed; the person committing the crime must have intended to do so and to have done so without legally acceptable defense or justification.
Seven Principles of criminal liability
1. Legally Proscribed
2. Human Conduct
4. of any given harm
5. which coincides with
6. a Blameworthy state of mind
7. for which punishment
Nullen Crime sin lege
No crime, no punishment without a previous penal law
Corpus delicit rule
The requirement that the prosecutor must prove each element of criminal liability BEYOND A REASONABLE DOUBT
acts considered wrong only because there is a law against them (drugs, prostitution, gambling)
Mala in se
wrong in itself, an act which is morally wrong
Uniform Crime Report; URC
The Federal Bureau of Investigation's annual report of crimes committed in the United States.It comprises of Part 1 and Part2 Offenses.
The _____ defines eight crimes; murder, rape, robbery, aggravated assault, burglary, larceny/theft, motor vehicle theft and arson as part 1.
Part 2 offenses are a mixture mala prohibita offenses and less serious mala in se offenses.
Fails to narrowly define the specific behavior to be restticted.
Void for vagueness
A stature that fails to clearly define both the act prohibited and the appropriate punishment in advance.
letting people know what is and what is not permitted.
protection against excessive bail and cruel and unusual punishment
Ex Post Facto
Prohibits conviction of a crime that occurred before the act became illegal
Bill of attainder
a legislative act finding a person guilty of treason or felony without a trial
(pronounced ak-tus ray-uhs) A guilty (prohibited) act. The commission of a prohibited act is one of the two essential elements required for criminal liability, the other element being the intent to commit a crime.
(law) criminal intent; Guilty mind
Model Penal Code
Set forth four levels of intent: purposefully (consciously), knowingly (he/she, is practically certain of the result to follow from this conduct), recklessly( when the individual act with awareness of the risk involved but without the certainty of knowledge that harm will follow, or negligence( the unconscious creation of a risk of harm.
Doctrine of transferred intent
tries to kill one person, accidentally kills another, transfer intent on another. Try to kill A, misses and kills B - Murder of B + Attempted murder of A.
the act of actus reas (criminal act) and mens rea (criminal intent).
The legal principle that the crimminal ac,t is the act, that is the cause of the harm
Two types of Causation
Factual Cause & Proximate Cause ; also known as legal cause
Refers to the idea that " but for" the actor's conduct, the harm would not have occurred.
It is an initial act that sets a series of other acts in motion that lead to some harm.
Factual Causation is necessary but is not sufficient element for the imposition of criminal liability . A legal cause must exist.
That which in natural and continuous sequence, unbroken by any new independent cause, produce an event, and without which the injury would not have occurred.
the act of damaging something or someone
A legal doctrine that says that some activities are so dangerous that liability will always follow any injury that results from those activities.
ie; Statutory Rape
Legal doctrine under which a party can be held liable for the wrongful actions of another party.
FYI: Only civil cases
crimes that occur in preparation for an offence.
To put into operation., an incomplete or imperfect crime,
the act of enticing a person to do something wrong (as an offer of sex in return for money)
a secret agreement between two or more people to perform an unlawful act
for one to be liable for attempting to commit a crime, there must be PROOF of the specific intent to carry out and act that constitutes a crime.
involvement in wrongdoing; the state of being an accomplice, participation; involvement in a questionable act or a crime.
is a respose made by defendent to the complaint, which, if successful.allows the defendent to avoid criminal liability.
Those in which the defendant has the burden of product and the burden of persuasion.
Burden of production
the necessity to produce some evidence but it need not be so strong as to convince the trier of face of its truth
admits responsibility for the crime, but states they were right to do so in that situation; right to do so under the circumstances / self defense, defense of others, defense of home/property
the right to protect oneself reasonably from acts of violence or threatened violence
A defense to some crimes, in which a person granting consent is harmed. A claim of consent must demonstrate that it was voluntary of knowing, and intelligent.
defendant admits what they did was wrong, but under the circumstances claims they aren't responsible / insanity defense
force or threats to make someone do something
A legal status indicating that a person cannot be held responsible for his or her actions because of mental illness.
M 'Naughten Rule
standard for judging legal insanity that requires that offenders not know what they were doing, or if they did, that they not know it was wrong.
When a defendant could not control his/her conduct.
A rule applied in some states that does not hold a person
responsible for an act if it was done as the result of mental
disease or defect.
Substantial Capacity test
Found in the Model Penal Code, it suggests that insanity should be defined as the lack of a substantial capacity to control one's behavior.
a defense that claims the defendant would not have broken the law if not tricked into doing it by law enforcement officials
unlawful premeditated killing of a human being by a human being