(Latin) A state of mind that produces a crime.
An intent to commit the exact crime charged or the precise outcome of the act, not merely an intent to commit the act without an intention to cause the outcome.
(Latin) Knowingly; with guilty knowledge.
Inferred, implied, or presumed from the circumstances.
The principle that if an unintended illegal act results from the intent to commit a crime, that act is also a crime.
Guilt of a criminal offense even if you had no criminal intention (mens rea).
Strict Liability Crimes
Crimes or offenses in which mens rea or criminal intent is not an element. Such offenses include regulatory crimes, petty offenses, and infractions.
The background documents and records of hearings related to the enactment of a bill.
Guidelines employed by judges in the interpretation of statutes that have developed and evolved over hundreds of years.
Legal responsibility for the acts of another person because of some relationship with that person.
The liability of a corporation for the acts of its directors, officers, shareholders, agents, and employees.
A judge's order to a person to do or to refrain from doing a particular thing.
With full knowledge and intentionally; willfuly.
Indifference to consequences; indifference to the safety and rights of others.
Under the MPC, a defendant acts negligently when the resulting harm or material element of a crime occurs because of the defendant has taken a substantial and unjustifiable risk, even if the risk is not perceived , so long as the risk involves a gross deviation from the standard of conduct that a law-abiding person would observe.
A basic part.
A fact that is probably true because a true fact leads you to believe that the inferred fact is also true.
An automatic assumption required by law that whenever a certain set of facts shows up, a court must automatically draw certain legal conclusions.
The reason why a person does something.
(Latin) An act. The physical part of the crime; the act engaged in by the accused.
Failing to act when required to do so by criminal law.
Omissions as Acts
Generally acts are prohibited by Criminal Law. In some cases criminal law requires a person to act.
The proximate cause of an injury.
The "legal cause" of an accident or other injury; not necessarily the closest.
The degree to which the consequences of an action should have been anticipated, recognized, and considered beforehand.
A cause of an accident or other injury that will remove the blame from the wrongdoer who origionally set events in motion.
Malum in Se
(Latin). Crimes that are usually inherrently evil. (Murder, Rape, Arson).
(Latin). Not a crime of evil, ie, "just a criminal act."
Refers to motives, intentions, and desires that were in the defendant's mind at the time of the act took place. The Defendant Action Intent.
A legal imposition upon the Defendant of what he/she should have known or believed at the time the incident occured.
Reasonable Person Standard
The Defendant is expected to know or believed what a reasonable person would have known at the time of the act.
An ordinary, reasonably intelligent, sensible wise responsible person (Common Joe/Josephine).