Term
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Definition
| Felony (Punishable by Death or IMprisonment for more than One YEar), Misdemeanor (punishable by imprisonment for less than one year or by fine), malum prohibitum, malum in se, infamous crime (fraud dishonesty). |
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Term
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Definition
| Void-for-vagueness doctrine, ex post facto laws. |
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Term
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Definition
| A crime punishable by death or by imprisonment for more than one year. At common law, burglary, arson, robbery, rape, larceny, murder, manslaughter and mayhem were considered felonies. |
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Term
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Definition
| A crime punishable by imprisonment for less than one year or by a fine only. At common law, crimes not considered felonies were deemed misdemeanors. |
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Term
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Definition
| An act that is wrong only because it violates a statute. |
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Term
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Definition
| An act that is inherintly wrong or evil - that involves a general criminal intent or moral turpitude (e.g., murder, theft, and battery) |
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Term
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Definition
| At common law, an infamous crime involves fraud or dishonesty. |
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Term
| Void-for-Vagueness Doctrine |
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Definition
| Under the due process clause of the Fifth and Fourteenth Amendments of the United States Constitution, people must be on notice that certain cnodcut is forbidden. Therefore Scotus has required criminal statutes be specific and give a person of ordinary intelligence fair notice" of what conduct is prohibited. Statutes must also be fair and consistent in their enforcement and not be arbitrarily or erratically enforced. |
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Term
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Definition
| Actus reus (voluntary act, omission to act, vicarious liability), mens rea, concurrence in time, causation |
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Term
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Definition
Under USC, ex post facto laws are prohibbited, an ex post facto law is one that retroactively:
1. Makes conduct criminal;
2. Enforces a stricter punishment for the same conduct; or
3. Alters procedural or evidentiary rules in such a way that the criminal defendant may be more easily convicted. |
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Term
| Generally, the prosecution must prove the following elements: |
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Definition
| Actus reus, mens rea, concurrence in time, and causation |
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Term
| The Element of actus reus may be met by |
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Definition
1. Voluntary act that causes an unlawful result;
2. An omission to act where the defendant is under a legal duty to act; or
3. vicarious liability where the defendant is responsible for the acts of another party. |
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Term
| Criminal liability can be imposed on a defendant for an omission to act where: |
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Definition
1. There is a legal duty to act
2. the defendant can physically perform the act. |
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Term
| A legal duty to act may arise in the following ways: |
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Definition
1. By statute (failure to file a tax return).
2. By contract (failure of a lifeguard, nurse or guide, or riverrafting expedition to rescue
3. Based upon relationship (parent child, spouse / spouse)
4. Where a voluntary undertaking is begun (unreasonable abandonment of a rescue that could worsen a victim's plight is sufficient, even if done by a good Samaritan); or
5. Where someone creates a risk of peril to another |
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Term
| Acts insufficient to satisfy actus reus. |
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Definition
Acts that are reflexive, convulsive performed while unconscious, or otherwise involuntary are insufficient, as are mere bad thoughts unaccompanied by action.
However, habitual acts that one is simply "unaware of" are considered conscious and voluntary. (A chain smoker lighting up in a no-smoking area). |
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Term
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Definition
| Virtually all crimes require some mental state, with respect to some element of conduct. In determining a defendant's criminal libailiity, the jury must look to the defendant's state of mind at the time of commission of the crime. Except for asmall category of strict liability crimes, a crime is committed only when a criminal act is coupled with a guilty mind; both the mental and physical elements must coexist. |
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Term
| A person acts intentionally when: |
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Definition
| He desires that his acts cause certain consequences or knows that his acts are substantially certain to produce those consequences. |
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Term
| A person acts knowingly when: |
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Definition
| he knows that nature and/or result of his conduct. Lack of knowledge can often excuse criminal liability under the defense of mistake of fact. Traditionally intent has been defined to include knowledge. |
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Term
| A person acts purposely when: |
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Definition
| there exists a conscious objective to engage in such conduct or to cause such as a result. |
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Term
| The term willfully encompasses: |
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Definition
| The concepts of intentionally and purposely, as opposed to accidentally or negligently, and has been used to imply evil purpose in crimes involving moral turpitude. |
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Term
| A person acts recklessly when: |
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Definition
| with respect to a material element of an offense he consciously disgregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The reisk must be of such a nature and degree that, considering the natureand purpose of the actor's conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a law abiding person would observe in the actor's situation. |
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Term
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Definition
| requires that the defendant's conduct create a high degree of risk of death or serious injury beyond the tort standard of ordinary negligence. The degree of risk, however has no precise objective measure, it is more than mere ordinary negligence, but less than wanton and willful misconduct. |
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Term
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Definition
Involves more than the objective fault required by merely doing the proscribed actus reus. A defendant will possess specific intent if:
1. He wants, hopes or wishes that his conduct will bring about a particular result, regardless of the objective likelihood of the result occurring (unless the result is inherently impossible; or
2. he expects that his purposeful act will have the particular result, even though he does not necessarily want a particular result |
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Term
| Specific intent crimes include: |
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Definition
| theft crimes such as larceny, robbery, extortion, embezzlemeent, false pretenses, and receiving stolen property; burglary (but not arson, which is a malice crime); inchoate crimes (solicitation, conspiracy and attempt); and assault. |
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Term
| Defenses to a specific intent crime |
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Definition
1. Typical criminal defenses apply
2. Voluntary intoxication and unreasonable mistake may negate requisite specific intent elements. |
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Term
| Left off on page 11 (347) |
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Definition
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