Study sets matching "criminal law chapter 3"
Study sets
Diagrams
Classes
Users
Corpus delicti
Components of Corpus delicti
Causation
Sine qua non test
-"body of the crime"... -facts that show that a crime has occurre…
1. That a certain result or injury has been produced... 2. That a…
-a relationship between the mens rea, act, and resulting harm…
-used to determine factual causality... -"but for" rule, some inj…
Corpus delicti
-"body of the crime"... -facts that show that a crime has occurre…
Components of Corpus delicti
1. That a certain result or injury has been produced... 2. That a…
criminal liability
elements of a crime
actus reus
mens rea
"conduct that unjustifiably and inexcusably inflicts or threat…
Prove beyond a reasonable doubt... 1) Criminal Act (actus reus)... 2…
the requirement that all crimes have to include a voluntary cr…
criminal intent, the mental element of a crime
criminal liability
"conduct that unjustifiably and inexcusably inflicts or threat…
elements of a crime
Prove beyond a reasonable doubt... 1) Criminal Act (actus reus)... 2…
affirmative defense
alibi
battered woman defense
duress
matter constituting a defense assuming the complaint to be true
a defense that the offender was in a different place at the ti…
a defense that victims of battering suffer a type of post-trau…
compulsion
affirmative defense
matter constituting a defense assuming the complaint to be true
alibi
a defense that the offender was in a different place at the ti…
Accessory before the fact
Triggerman
Inchoate
Potential
one who impedes the apprehension, trial, or punishment of a fe…
The immediate perpetrator of a homicide, and often the only de…
Incomplete
We care about potential crimes because they have willingness a…
Accessory before the fact
one who impedes the apprehension, trial, or punishment of a fe…
Triggerman
The immediate perpetrator of a homicide, and often the only de…
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 or…
Crime
An offense against the public
Tort
A wrongful act that harms another person's well-being
elements of a crime
defendant
prosecutor
felony
criminal act, required state of mind --an act against the publ…
the person accused of a crime
the government attorney who presents the case in court against…
a major crime punishable by imprisonment or death. Includes:…
elements of a crime
criminal act, required state of mind --an act against the publ…
defendant
the person accused of a crime
domestic violence
hate crime
felonies
burglary
A reckless form of physical or mental abuse between family or…
The use of symbols, writings, pictures, or spoken words to cau…
Major crimes punishable by imprisonment or death.
Breaking and entering a dwelling place to commit a felony.
domestic violence
A reckless form of physical or mental abuse between family or…
hate crime
The use of symbols, writings, pictures, or spoken words to cau…
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 th…
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…
Crime
Tort
Statutes
Classification of Crime
An offense against the public at large punishable by the offic…
A private wrong that injures another person's physical well-be…
Specific laws designed to protect the public at law
Treason... Felony... Misdemeanor
Crime
An offense against the public at large punishable by the offic…
Tort
A private wrong that injures another person's physical well-be…
Crime
Plaintiff
Prosecutor
Defendant
An offense against the public at large, which is therefore pun…
The party that accuses a person of a crime.
The government attorney who presents the case in court against…
The person accused of a crime.
Crime
An offense against the public at large, which is therefore pun…
Plaintiff
The party that accuses a person of a crime.
corpus delicti
corpus delicti rule
causation in fact
proximate cause
The facts that show that a crime has occurred. Literally, the…
(1) The body or essence of a criminal offense that proves that…
An actual link between an actor's conduct and a result.
The primary or moving cause that plays a substantial part in b…
corpus delicti
The facts that show that a crime has occurred. Literally, the…
corpus delicti rule
(1) The body or essence of a criminal offense that proves that…
Criminal Liability
criminal liability
Elements of a crime
actus reas
conduct that unjustifiably and inexcusably inflicts or threate…
conduct that is without justification and excuse... Is there crim…
to convict, the prosecution must prove beyond a reasonable dou…
or evil act, the physical element in a crime
Criminal Liability
conduct that unjustifiably and inexcusably inflicts or threate…
criminal liability
conduct that is without justification and excuse... Is there crim…
Proof beyond a reasonable doubt
Mens rea
Degrees of Mens Rea
Actus Rea
Not enough to prove that it is probable that an element of cri…
The guilty mind
Purposely, Knowingly, Recklessly, Negligently
Omission of an act
Proof beyond a reasonable doubt
Not enough to prove that it is probable that an element of cri…
Mens rea
The guilty mind
active possession
moral duty
criminal omissions
status
physical control of banned items on my person, for example, we…
obligation or norm created and enforced by society, conscience…
the failure to act when there's a legal duty to act
character or condition of a person or thing
active possession
physical control of banned items on my person, for example, we…
moral duty
obligation or norm created and enforced by society, conscience…
Retribution
Deterrence
Rehabilitation
Incapacitation
imposes punishment based on just deserts- proportionality of p…
Specific- impose punishment to discourage a defendant from com…
appeals to the idealistic notion that people are essentially g…
remove offender from society
Retribution
imposes punishment based on just deserts- proportionality of p…
Deterrence
Specific- impose punishment to discourage a defendant from com…
Elements of a crime
actus reus
mens rea
conduct crimes
to convict, the prosecution must prove beyond a reasonable dou…
the requirement that all crimes have to include a voluntary cr…
criminal intent, the mental element of a crime
requiring a criminal act triggered by criminal intent
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 cr…
criminal liability
elements of a crime
actus reus
mens rea
conduct that unjustifiably and inexcusably inflicts or threate…
to convict, the prosecution must prove beyond reasonable doubt…
the requirement that all crimes have to include a voluntary cr…
criminal intent, the mental element of a crime
criminal liability
conduct that unjustifiably and inexcusably inflicts or threate…
elements of a crime
to convict, the prosecution must prove beyond reasonable doubt…
judicial review
unconstitutional per se
unconstitutional as applied
police power
the power of the courts to strike down legislation and other g…
refers to a law that is unconstitutional on its face, meaning…
refers to a declaration by a court of law that a statute is in…
the power of the government to enact legislation to protect th…
judicial review
the power of the courts to strike down legislation and other g…
unconstitutional per se
refers to a law that is unconstitutional on its face, meaning…
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 th…
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 liability
Actus reus
mens rea
elements of a crime
Conduct that unjustifiably threatens substantial harm to indiv…
A voluntary criminal act
the mental element in a crime
the prsecution must be beyond reasonable doubt: (1) a criminal…
Criminal liability
Conduct that unjustifiably threatens substantial harm to indiv…
Actus reus
A voluntary criminal act
Reasonable Doubt
Actus Reus
Mens rea
Model Penal Code (MPC)
It is not enough to prove it was more likely than not that an…
The criminal act
The criminal intent or state of mind
Proposed criminal law developed by the American Law Institute,…
Reasonable Doubt
It is not enough to prove it was more likely than not that an…
Actus Reus
The criminal act
Conduct Crimes
Result Crimes
Elements of A Crime
Actus Reas
Crimes with no requirement for a resulting harm
Crimes that require actual harm
Actus Reas, Mens Rea, concurrence
(Evil Act) The criminal act of a crime (i.e. pulling the trigg…
Conduct Crimes
Crimes with no requirement for a resulting harm
Result Crimes
Crimes that require actual harm
Corpus Delicti
Corpus Delicti Rule
Causation in fact
Proximate Cause
The facts that show that a crime has occurred. "body of a crim…
1. The body or essence of a criminal offense that proves that…
an actual link between an actor's conduct and a result
The primary or moving cause that plays a substantial part in b…
Corpus Delicti
The facts that show that a crime has occurred. "body of a crim…
Corpus Delicti Rule
1. The body or essence of a criminal offense that proves that…
1. The physical act or omission ... 2. The…
Proof beyond a Reasonable doubt
Actus Reus
Mens Rea
All crimes have two essential element
It is not enough to prove it was more likely than not that an…
The criminal act
State of mind... Or criminal intent
1. The physical act or omission ... 2. The…
All crimes have two essential element
Proof beyond a Reasonable doubt
It is not enough to prove it was more likely than not that an…
Crime
Plaintiff
Prosecutor
Felony
An act against the public good
the party that accuses a person of a crime
the government attorney who presents the case in court
a major crime punishable by imprisonment or death
Crime
An act against the public good
Plaintiff
the party that accuses a person of a crime