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20 terms

Criminal Law Chapter 3: Terms

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Elements of a crime
The parts of a crime that the prosecution must prove beyond a reasonable doubt, such as actus reus, mens rea, concurrence, causation, and bad result.
Actus Reus
The criminal act or the physical element in criminal liability.
Mens Rea
The "state of mind" the prosecution has to prove beyond a reasonable doubt; criminal intent from an evil mind; the mental element in crime, including purpose, knowledge, recklessness, and negligence.
Attendant Circumstances
A "circumstance" connected to an act, an intent, and/or a result required to make an act criminal.
Concurrance
The requirement that actus reus must join with mens rea to produce criminal conduct or that conduct must cause a harmful result.
Conduct Crimes
Crimes requiring a criminal act triggered by criminal intent.
Bad Result Crimes
Serious crimes that include causing criminal harm in addition to the conduct itself.
Manifest Criminality
The requirement in law that intentions have to turn into criminal deeds to be punishable.
Status
Who we are as opposed to what we do; a condition that's not an action can't substitute for action as an element in crime.
Criminal Omissions
Two forms: (1) mere failure to act or (2) failure to intervene in order to prevent serious harm.
Failure to Report
One type of omission actus reus.
Failure to Intervene
One type of omission actus reus.
Legal Duty
Liability only for duties imposed by contract, statue, or "special relationships."
"Good Samaritan" doctrine
Doctrine that imposes a legal duty to summon aid for imperiled strangers.
American bystander rule
There's no legal duty to rescue or call for help to aid someone who's in danger even if helping poses no risk whatsoever to the potential rescuer.
Legal Fiction
Treating as a fact something that's not a fact if there's a good reason for doing so.
Actual Possession
Physical possessions; on the possessor's person.
Constructive Possession
Legal possessions or custody of an item or substance.
Knowing Possession
Awareness of physical possession.
Mere Possession
Physical possession.