Term
|
Definition
| Blameworthiness based on mens rea; deserving of punishment because of individual responsibility for actions |
|
|
Term
|
Definition
| The idea that we can only punish people who we can blame, and we can only blame people who are responsible for what they do |
|
|
Term
|
Definition
| The requirement that actus reus must join with mens rea to produce criminal conduct or that conduct must cause a harmful result |
|
|
Term
|
Definition
| The objective determination that the defendant's act triggered a chain of events that ended as the bad result, such as death in homicide |
|
|
Term
|
Definition
| A subjective judgment as to whether it's fair and just to blame the defendant for the result; cause recognized by law to impose criminal liability |
|
|
Term
|
Definition
| The state of mind the prosecution has to prove beyond a reasonable doubt; criminal intent from an evil mind; the mental element in a crime, including purpose, knowledge, recklessness, and negligence |
|
|
Term
|
Definition
| The reason why the defendant commits the crime |
|
|
Term
|
Definition
| Fault that requires a "bad mind in the actor |
|
|
Term
|
Definition
| Requires no purposeful or conscious bad mind in the actor; it sets a standard of what the "average person should have known" |
|
|
Term
|
Definition
| Liability without fault, or in the absence of mens rea; it's based on voluntary action alone (ex: statutory rape) |
|
|
Term
|
Definition
| Intent to commit the actus reus--the act required in the definition of the crime |
|
|
Term
|
Definition
| The attitude represented by subjective fault, when there's a "bad" mind or will that triggers the act; the intent to do something beyond the actus reus |
|
|
Term
|
Definition
| "General intent" refers to the intent to commit the actus reus of the crime and "plus" refers to some "special mental element" in addition to the intent to commit the criminal act |
|
|
Term
|
Definition
| The specific intent to act and/or cause a criminal harm |
|
|
Term
|
Definition
| consciously acting or causing a result |
|
|
Term
|
Definition
| The conscious creation of substantial and unjustifiable risk |
|
|
Term
|
Definition
| The unconscious creation of substantial and unjustifiable risks |
|
|
Term
|
Definition
| Acts taken for the very aim of engaging in conduct or causing a criminal result |
|
|
Term
|
Definition
| Some mental fault has to trigger the actus reus in criminal conduct crimes and the cause in bad-result crimes |
|
|
Term
|
Definition
| Requirement that criminal conduct cause a harm defined in the criminal code |
|
|
Term
|
Definition
| Conduct that, in fact, leads to a harmful result |
|
|
Term
| Legal ("proximate") cause |
|
Definition
| A subjective judgment as to whether it's fair and just to blame the defendant for the result; cause recognized by law to impose criminal liability |
|
|
Term
|
Definition
| The cause that either interrupts a chain of events or substantially contributes to a result |
|
|
Term
|
Definition
| The cause that relieves from responsibility (liability) the party whose act started the series of events which led to the result because the original conduct is no longer the proximate cause |
|
|
Term
|
Definition
| Defenses based on the idea that what the defendant did was a crime but under the circumstances he wasn't responsible for what he did (insanity) |
|
|
Term
|
Definition
| Defendant disproves the prosecution's case by showing he or she couldn't have formed the state of mind required to prove the mental element of the crime |
|
|
