Study sets matching "criminal law chapter 3"

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Study sets matching "criminal law chapter 3"

19 terms
Criminal Law Chapter 3
Crime
Tort
felonies
misdemeanors
An act or omission that the law makes punishable, generally b…
A civil wrong for which a remedy may be obtained, usually in…
Serious crimes that are usually punishable by imprisonment fo…
A crime that is less serious then a felony and is usually pun…
Crime
An act or omission that the law makes punishable, generally b…
Tort
A civil wrong for which a remedy may be obtained, usually in…
Criminal Law Chapter 3
Accessory before the fact
Triggerman
Inchoate
Potential
one who impedes the apprehension, trial, or punishment of a f…
The immediate perpetrator of a homicide, and often the only d…
Incomplete
We care about potential crimes because they have willingness…
Accessory before the fact
one who impedes the apprehension, trial, or punishment of a f…
Triggerman
The immediate perpetrator of a homicide, and often the only d…
24 terms
Chapter 3 - Criminal Law
Crime
Tort
Statutes
Classification of Crime
An offense against the public at large punishable by the offi…
A private wrong that injures another person's physical well-b…
Specific laws designed to protect the public at law
Treason... Felony... Misdemeanor
Crime
An offense against the public at large punishable by the offi…
Tort
A private wrong that injures another person's physical well-b…
33 terms
Criminal Law (chapter 3)
elements of a crime
defendant
prosecutor
felony
criminal act, required state of mind, motive--an act against…
the person accused of a crime
the government attorney who presents the case in court agains…
a major crime punishable by imprisonment or death. Includes:…
elements of a crime
criminal act, required state of mind, motive--an act against…
defendant
the person accused of a crime
50 terms
Chapter 3 - Criminal Law
Crime
Tort
Treason
Felony
An offense against the public
A wrongful act that harms another person's well-being
The act of betraying one's country
A serious crime against society that is punishable by death o…
Crime
An offense against the public
Tort
A wrongful act that harms another person's well-being
Criminal Law Chapter 3
Mens Rea
General Intent
Specific Intent
Scienter
A state of mind that produces a crime.
The desire to commit a prohibited act but not the outcome of…
An intent to commit the exact crime charged or the precise ou…
Knowingly; with guilty knowledge.
Mens Rea
A state of mind that produces a crime.
General Intent
The desire to commit a prohibited act but not the outcome of…
Chapter 3, Criminal Law and Procedure
Actus reus
Mens rea
Concurrence
Causation
A guilty act
A guilty mind
A guilty act and guilty mind that exist at the same time
A harmful result
Actus reus
A guilty act
Mens rea
A guilty mind
Criminal Law Chapter 3
Harm or likely harm, Actus Reus, Mens…
Criminal possession between involves p…
Actual possession means the object has…
2. What are the components of a crime? Define each
8. How is the crime of possession different from most crimes?…
10. What is the difference between actual and constructive po…
Harm or likely harm, Actus Reus, Mens…
2. What are the components of a crime? Define each
Criminal possession between involves p…
8. How is the crime of possession different from most crimes?…
criminal law chapter 3
actus reus
mens rea
attendant circumstances element
corpus delicti
the criminal act of the physical element in criminal liability
the "state of mind" the prosecution has to prove beyond a rea…
a accompanying or accessory fact, event, or condition require…
body of crime
actus reus
the criminal act of the physical element in criminal liability
mens rea
the "state of mind" the prosecution has to prove beyond a rea…
17 terms
Criminal Law: Chapter 3
True crimes
Concurrence
Strict liability
Actus reus
Actus reus and mens rea
Intent must drive the act
Crimes without mental fault
Act or omission: Failure to act can be crime (ex: child or el…
True crimes
Actus reus and mens rea
Concurrence
Intent must drive the act
26 terms
Criminal Law Chapter 3
Defense
Infancy
justification
affirmative defense
Raised by the defense and must be disproved by the prosecutio…
in general a person under the age of 16 in not criminally lia…
when you can use physical force and deadly physical force
raised by the defense but it has to be proved by the defense…
Defense
Raised by the defense and must be disproved by the prosecutio…
Infancy
in general a person under the age of 16 in not criminally lia…
31 terms
Criminal Law Chapter 3
Essential Elements Of Crime
Strict liability crime
Reasonable doubt
External physical act
1. The physical aft or omission... 2. A mental requirement known…
Can be found in criminal laws pertaining to traffic violation…
Before a person may be convicted of a crime that requires pro…
That the conduct or act forbidden by the law of the jurisdict…
Essential Elements Of Crime
1. The physical aft or omission... 2. A mental requirement known…
Strict liability crime
Can be found in criminal laws pertaining to traffic violation…
33 terms
Criminal Law: Chapter 3
criminal liability
elements of a crime
actus reus
mens rea
Criminal conduct that qualifies for punishment. It unjustifia…
Components needed to convict a defendant: (1) a criminal act/…
The requirement that all crimes have to include a VOLUNTARY C…
CRIMINAL INTENT, the mental element of a crime. Second criter…
criminal liability
Criminal conduct that qualifies for punishment. It unjustifia…
elements of a crime
Components needed to convict a defendant: (1) a criminal act/…
23 terms
chapter 3 criminal law
Abandoned property:
Caveat emptor:
Claim of right:
Conversion:
Property left with no intent to claim in the future.
Let the buyer beware
Legal to obtain property you own free and clear, by stealth.
Using the property or goods of another for one's own use with…
Abandoned property:
Property left with no intent to claim in the future.
Caveat emptor:
Let the buyer beware
45 terms
Criminal Law Chapter 3
Which court case does Judicial Review…
Judicial Review says:
Two ways courts in-validate a criminal…
unconstitutional per se
Marbury v. Madison (1803)
Judiciary has power to 1) interpret the law and 2) declare nu…
1. unconstitutional per se ... 2. unconstitutional as applied
obvious that it should be invalidated... ex) banning christianity
Which court case does Judicial Review…
Marbury v. Madison (1803)
Judicial Review says:
Judiciary has power to 1) interpret the law and 2) declare nu…
17 terms
Criminal Law - Chapter 3
Corpus delicti
Causation in fact
What are the elements of causation in…
Proximate cause
The facts of the crime that show what happened.
An actual link between an actor's conduct and a result
1. Guilty mind... 2. Criminal act or harm caused.
The primary or moving cause that plays a substantial part in…
Corpus delicti
The facts of the crime that show what happened.
Causation in fact
An actual link between an actor's conduct and a result
37 terms
Chapter 3 Vocabulary - Criminal Law
crime
plaintiff
prosecutor
defendant
an act against the public good
party that accuses a person of a crime (state or federal gove…
the government attorney(s) who present the case in court agai…
the person accused of a crime
crime
an act against the public good
plaintiff
party that accuses a person of a crime (state or federal gove…
28 terms
Criminal Law (chapter 3)
elements of a crime
defendant
prosecutor
felony
criminal act, required state of mind --an act against the pub…
the person accused of a crime
the government attorney who presents the case in court agains…
a major crime punishable by imprisonment or death. Includes:…
elements of a crime
criminal act, required state of mind --an act against the pub…
defendant
the person accused of a crime
criminal law - chapter 3
abet
accessory
accomplice
concurrent
encourage or assist another in committing a crime
aiding or concealing a felon after the crime
one who aids a principal in committing a crime
at the same time - concurrent sentences
abet
encourage or assist another in committing a crime
accessory
aiding or concealing a felon after the crime
Criminal Law Chapter 3
actus reus
Mens rea
Reasonable doubt
Concurrence
The physical act
The mental state
The proof must be such that a reasonable person could not con…
actus reus & mens rea happening at the same time
actus reus
The physical act
Mens rea
The mental state
37 terms
Criminal Law and Procedure Chapter 3
judicial review
unconstitutional perse
unconstitutional as applied
police power
the power of courts to strike down legislation and other gove…
refers to a law that is unconstitutional on its face, meaning…
refers to a declaration by a court of law that a statute is i…
the power of the government to enact legislation to protect t…
judicial review
the power of courts to strike down legislation and other gove…
unconstitutional perse
refers to a law that is unconstitutional on its face, meaning…
Chapter 3 Criminal Law
Elements of a crime
actus reus
Concurrence
Attendant circumstances element
to convict the prosecution must prove beyond a reasonable dou…
the requirement that all crimes have to include a voluntary c…
the principle of criminal liability that requires that a crim…
a "circumstances" connected to an act, an intent, and/or a ba…
Elements of a crime
to convict the prosecution must prove beyond a reasonable dou…
actus reus
the requirement that all crimes have to include a voluntary c…
Chapter 3 Criminal Law
Inchoate offense
Wharton Rule
Husband-rife rule
Two-or-more rule
Anticipatory, uncompleted, or incipient crimes.
Crimes that require more than one person to exist such as big…
husband and wife could not be charged with conspiracy because…
It is mandatory that two people or more participate in the co…
Inchoate offense
Anticipatory, uncompleted, or incipient crimes.
Wharton Rule
Crimes that require more than one person to exist such as big…
21 terms
Criminal law chapter 3
Criminal homicide
Was suicide a crime at common law?
Do most states divide murders into var…
What must the prosecution show for df…
Unlawful killing of a human being
Yes
Yes
Murder and an aggravate circumstance
Criminal homicide
Unlawful killing of a human being
Was suicide a crime at common law?
Yes
29 terms
Criminal Law chapter 3
Criminal liability
Elements of a crime
Actus reus
Mens rea
"Conduct that unjustifiably and inexcusably inflicts or threa…
To convict, the prosecution must prove beyond a reasonable do…
a voluntary criminal act, which is the physical element of a…
Criminal intent, the mental element of a crime
Criminal liability
"Conduct that unjustifiably and inexcusably inflicts or threa…
Elements of a crime
To convict, the prosecution must prove beyond a reasonable do…
30 terms
Chapter 3: Criminal Law
3 Types of Crimes
Felony
Misdemeanor
Infraction
Felonies, Misdemeanors, and Infractions
(highest crime type) = more than 1 year in prison, and at lea…
(2nd highest crime)= at maximum 1 year in prison, and at max…
lowest crime= just a ticket
3 Types of Crimes
Felonies, Misdemeanors, and Infractions
Felony
(highest crime type) = more than 1 year in prison, and at lea…
Chapter 3- Criminal Law
crime
tort
treason
felony
an offense against the public at large punishable by the offi…
a private wrong that injures another person's physical well-b…
the levying of war against the United States, or the giving o…
a crime punishable by death or imprisonment in a federal or s…
crime
an offense against the public at large punishable by the offi…
tort
a private wrong that injures another person's physical well-b…
18 terms
Chapter 3 criminal law
Diminished capacity
Insanity defense
Reasonable force
Justification
A defense based on claims of a mental condition that may be i…
A legal defense based on claims of mental illness or mental i…
A degree of force that is appropriate in a given situation an…
A legal defense in which the defendant admits to committing t…
Diminished capacity
A defense based on claims of a mental condition that may be i…
Insanity defense
A legal defense based on claims of mental illness or mental i…
Chapter 3: Criminal Law
Law
Statutory Law
Penal Law
Case Law
A rule of conduct, generally found enacted in the form of a s…
The written or codified law, as enacted by a government body…
the written, organized and compiled form of the criminal laws…
The body of judicial precedent, historically built on legal r…
Law
A rule of conduct, generally found enacted in the form of a s…
Statutory Law
The written or codified law, as enacted by a government body…
Chapter 3: Criminal Law
law
statutory law
penal code
case law
a rule of conduct generally found enacted in the form of a st…
the written or codified law; "the law on the books", as enact…
the written, organized, and compiled form of the criminal law…
the body of judicial precedent, historically built on legal r…
law
a rule of conduct generally found enacted in the form of a st…
statutory law
the written or codified law; "the law on the books", as enact…
Chapter 3 - Criminal Law
Law
Statutory Law
Penal Code
Case Law
a rule of conduct, generally found enacted in the form of a s…
the written or codified law; "the law on the books," as enact…
the written, organized, and compiled form of the criminal law…
the body of judicial precedent, historically, built on legal…
Law
a rule of conduct, generally found enacted in the form of a s…
Statutory Law
the written or codified law; "the law on the books," as enact…
26 terms
Chapter 3. -Criminal Law
Criminal Liability
Elements Of A Crime
Actus Reus
Mens Rea
"conduct that unjustifiably and inexcusably inflicts or threa…
to convict, the prosecution must prove beyond a reasonable do…
the requirement that all crimes have to include a voluntary c…
criminal intent, the mental element in crime
Criminal Liability
"conduct that unjustifiably and inexcusably inflicts or threa…
Elements Of A Crime
to convict, the prosecution must prove beyond a reasonable do…
45 terms
Chapter 3. Criminal Law
Crime
plaintiff
prosecutor
defendant
an act against the public good
the party that accuses someone of a crime.
government attorney who presents the case in court against th…
accused person
Crime
an act against the public good
plaintiff
the party that accuses someone of a crime.
18 terms
Chapter 3 - Criminal Law
Arson
Assualt
Battery
Burglary
the willful and malicious burning of the dwelling house of an…
attempt to commit a battery
the unlawful touching of another person, usually involves the…
breaking and entering a dwelling place to commit a felony
Arson
the willful and malicious burning of the dwelling house of an…
Assualt
attempt to commit a battery
19 terms
Criminal Law Chapter 3
Crime
Tort
felonies
misdemeanors
An act or omission that the law makes punishable, generally b…
A civil wrong for which a remedy may be obtained, usually in…
Serious crimes that are usually punishable by imprisonment fo…
A crime that is less serious then a felony and is usually pun…
Crime
An act or omission that the law makes punishable, generally b…
Tort
A civil wrong for which a remedy may be obtained, usually in…
Criminal Law Chapter 3
Model Penal Code (MPC)
Scienter
Specific Intent
General Intent
Proposed criminal law developed by the American Law Institute…
the distinctions between factors that must be known to the de…
intended for desired results. links mental state to forbidden…
party didn't intend for desired results but--shouldaa know be…
Model Penal Code (MPC)
Proposed criminal law developed by the American Law Institute…
Scienter
the distinctions between factors that must be known to the de…
19 terms
Chapter 3: Criminal Law
Classifications of a crime
Felony
Misdemeanor
Elements to a crime
Felony & misdemeanors
Major crime punishable by imprisonment or death
Less severe crime punishable by fine or brief imprisonment
Criminal act, required state of mind, and motive
Classifications of a crime
Felony & misdemeanors
Felony
Major crime punishable by imprisonment or death
25 terms
Chapter 3 Criminal Law
Substantive criminal law
Criminal procedure
Civil law
Tort
a body of specific rules that declare what conduct is crimina…
the rules and laws that define the operation of criminal proc…
all law that is not criminal, including the law of torts, and…
a personal injury or wrong for which an action for damages ma…
Substantive criminal law
a body of specific rules that declare what conduct is crimina…
Criminal procedure
the rules and laws that define the operation of criminal proc…
14 terms
Criminal Law Chapter 3
Attendant Circumstances
Bill of Attainder
"But For" Rule
Causation in Fact
The facts surrounding an event.
A legislative pronouncement that an individual is guilty of a…
A method for determining causality that holds that "without t…
An actual link between an actor's conduct and a result.
Attendant Circumstances
The facts surrounding an event.
Bill of Attainder
A legislative pronouncement that an individual is guilty of a…
Criminal Law Chapter 3 Terms
Purpose of punishment
Judicial discretion
Truth in sentencing
Victims
the emphasis is on deterrence, retribution, incapacitation, e…
it is greatly reduced in sentencing; the federal government a…
the authority of parole board to release prisoners prior to t…
they are being provided a greater role and more protection in…
Purpose of punishment
the emphasis is on deterrence, retribution, incapacitation, e…
Judicial discretion
it is greatly reduced in sentencing; the federal government a…
14 terms
Criminal Law Chapter 3 terms
Reasonable doubt
Actus Reus
Mens Rea
Model Penal Code (MPC)
It is not enough to prove it was more likely than not that an…
Guilty Act
Guilty mind
A proposed criminal code drafted by the American Law Institut…
Reasonable doubt
It is not enough to prove it was more likely than not that an…
Actus Reus
Guilty Act
37 terms
Scheb & Scheb - Criminal Law: Chapter 3 - Constitutional Prohibitions
bill of attainder
clear and present danger doctrine
compelling government interest
constitutional right of privacy
A legislative act imposing punishment without trial upon pers…
In constitutional law, the doctrine that the First Amendment…
A government interest sufficiently strong that it overrides t…
Implied constitutional right allowing people to be free of go…
bill of attainder
A legislative act imposing punishment without trial upon pers…
clear and present danger doctrine
In constitutional law, the doctrine that the First Amendment…
27 terms
Criminal Law Chapter 3
Cicumstancial Evidence
Corpus Deliciti
Criminal Conspiracy
Criminal homicide
Evidence that proves a fact by interference. Circumstancial e…
Literally " the body of the crime" the fact that a crime has…
The agreement by two or more people to commit a crime. It req…
A killing that breaks the law, designated as either murder or…
Cicumstancial Evidence
Evidence that proves a fact by interference. Circumstancial e…
Corpus Deliciti
Literally " the body of the crime" the fact that a crime has…
Criminal law chapter 3
Perpetrator (principle in the first de…
Instrumentality
Innocent Human agent
Aider or abettor
1) one who performs the physical acts that constitute the off…
use of an object, an animal or an innocent human being to com…
one who commits the physical acts of constituting a crime, bu…
a person who assists the perpetrator in the commission of the…
Perpetrator (principle in the first de…
1) one who performs the physical acts that constitute the off…
Instrumentality
use of an object, an animal or an innocent human being to com…
Chapter 3: Criminal Law
Law
Statutory Law
Penal Code
Case Law
A rule of conduct, generally found enacted in the form of a s…
The written or codified law; "the law on the books," as enact…
The written, organized, and compiled form of the criminal law…
The body of judicial precedent, historically built on legal r…
Law
A rule of conduct, generally found enacted in the form of a s…
Statutory Law
The written or codified law; "the law on the books," as enact…
Criminal Law Chapter 3
It is not enough to prove it was more…
The criminal act
The criminal intent/state of mind
Proposed criminal law developed by the…
Reasonable doubt
Actus rea
Mens rea
Model Penal Code (MPC)
It is not enough to prove it was more…
Reasonable doubt
The criminal act
Actus rea
38 terms
Criminal Law Chapter 3
Crime
Elements
Presumption of Innocence
More likely than not
Any unlawful act punishable by the government.
Crimes consist of what?
What was designed to place the burden of proof in criminal ca…
Civil beyond the preponderance means what?
Crime
Any unlawful act punishable by the government.
Elements
Crimes consist of what?
18 terms
Chapter 3- Criminal Law
Arson
Assault
Battery
Burglary
The willful and malicious burning of the dwelling house of an…
Attempt to commit a battery
The unlawful touching of another person, usually involves the…
Breaking and entering a dwelling place to commit a felony
Arson
The willful and malicious burning of the dwelling house of an…
Assault
Attempt to commit a battery
10 terms
Chapter 3 Criminal law
statutory law
penal code
case law
jurisprudence
the written or codified law; "the law on the books," as enact…
the written, organized, and complied form of the criminal law…
the body of judicial precedent, historically built on legal r…
the philosophy of law. Also, the science and study of the law
statutory law
the written or codified law; "the law on the books," as enact…
penal code
the written, organized, and complied form of the criminal law…
11 terms
criminal law chapter 3
Good Citizenship Clause
In Loco Parentis
Immediate Control Doctrine
Plain View Doctrine
Handbook rules also apply when you are away from school. If a…
Means in place of parents. Teachers are legally considered yo…
If something of your possessions is within your reach, facult…
If your possession is in the open, faculty can search it.
Good Citizenship Clause
Handbook rules also apply when you are away from school. If a…
In Loco Parentis
Means in place of parents. Teachers are legally considered yo…
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