Term
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Definition
elements that define the crime
a. Conduct- what the actor does
b. Culpability- state of mind |
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Term
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Definition
actor held liable even though he does not satisfy the offense elements
a. Conduct can be imputed
b. Culpability can be imputed |
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Term
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Definition
| conditions under which an actor will be acquitted even though he satisfies the elements of the offense or had elements imputed to him |
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Term
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Definition
Conduct is tolerated or encouraged because of the special justifying circumstances
a. Use of Force in Self- Protection- Justifiable when the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person
b. Choice of Evils- harm of evil sought to be avoided is greater than that sought to be prevented by the law |
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Term
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Definition
Actor is not blameworthy and thus excused
a Duress |
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Term
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Definition
| it is an affirmative defense that the actor engaged in the conduct, because he was coerced to do so by the use of, or threat to use, unlawful force against his person, which a person of reasonable firmness in his situation would have been unable to resist |
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Term
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Definition
| No other defenses but better not to prosectue for policy reasons |
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Term
| General Requirements of Culpability |
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Definition
a. Purposely- conduct and result are both conscious objects
b. aware of conduct
c. consciously disregards substantial risk |
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Term
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Definition
a. Unambigious- plain language
b. Ambiguous
1. Strict Construction- Rule of leniency- favorable to defendant
2. Fair Import: Legislative Intent |
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Term
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Definition
a. Utilitarian
b. Retributive |
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Term
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Definition
Punishing to prevent or reduce future crime; cost effective
a. General Deterrence: punish one person to deter the general public from committing the same behavior
b. Special Deterrence- deterring offender from committing the same offense again
c. Incapacitation- preventing offender from committing future crime
d. Rehabilitation- reforming an offender, change in offenders behavior to stop future crime |
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Term
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Definition
Give offender what he deserves, morally blameworthy; proportionality
1. only punished as must as deserves, stopping unfair advantage |
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Term
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Definition
a. Not about culpability
b. Concerns the nature of the actual, physical movement
c. Reflexive/unconscious movements cannot be voluntary
d. Intangible acts can be voluntary |
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Term
| Requirements for imputation of conduct |
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Definition
a. Special relationship/legal duty
b. Awareness of the abuse/harm
c. Opportunity to act
d. Did nothing |
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Term
| Situations where failure to act may constitute breach of legal duty |
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Definition
a. Found in statute
b. Assumed contractual duty
c. Duty aries from relationship
d. Tort law may create a continuing duty
e. Duty to rescue when create harm |
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Term
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Definition
| Culpability as to a particular element of an offense must exist at the time that the offense conduct took place |
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Term
| Levels of Culpability for Mens Rea |
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Definition
a. Knowingly
b. Purposely
c. Recklessly
d. Negligently |
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Term
| Levels of Culpability for Mens Rea: Purposely |
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Definition
| Conscious object to engage in the conduct and cause such a result; aware of the existence of the circumstances or believes/hopes they exist |
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Term
| Levels of Culpability for Mens Rea: Knowingly |
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Definition
| Aware of conduct and circumstance; aware that it is practically certain that the conduct will cause result |
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Term
| Levels of Culpability for Mens Rea: Recklessly |
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Definition
| Consciously disregards the substantial and unjustifiable risk that, under the circumstances, conduct will cause the result |
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Term
| Levels of Culpability for Mens Rea: Negligently |
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Definition
| Should have been aware of the substantial and unjustifiable risk that, under the circumstance, conduct will cause the result |
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Term
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Definition
| Knowledge of a situation requiring ordinary care to avoid injury to another and ability to avoid the ahrm through ordinary care; and omission to use such care when the disastrous result is apparent to the ordinary mind |
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Term
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Definition
a. Reckless
b. Negligent
c. Reasonable/Faultless |
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Term
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Definition
| Actor is aware of a substantial risk that the required circumstances exist |
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Term
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Definition
| Actor is unaware of a substantial risk that the required circumstance exist but a reasonable person would have been aware |
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Term
| Reasonable/Faultless mistake |
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Definition
| Actor is unaware of the circumstances, and there is no reason for the actor to have been aware |
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Term
| Common Law Criminal Homicide |
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Definition
The killing of a human being by another human being
a. Murder
b. Manslaughter |
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Term
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Definition
| The killing of a human being by another human being with malice aforethought |
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Term
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Definition
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Term
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Definition
| The unlawful killing of a human being by another human being without malice aforethought |
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Term
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Definition
| An emotional state of mind of such a degree as would cause an ordinary man to act on impulse without reflection |
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Term
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Definition
| Killing result of lawful act taken in an unlawful manner and without due caution |
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Term
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Definition
| Excusable and Justifiable |
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Term
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Definition
| Committed by accident or misfortune with ordinary caution and without any unlawful intent |
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Term
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Definition
a. Murder in the first degree
b. Murder in the second degree
c. Voluntary manslaughter and involuntary manslaughter |
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Term
| Murder in the first degree |
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Definition
| Intentional and premeditated; includes felony-murder; warrants death penalty |
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Term
| Murder in the second degree |
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Definition
| Intentional but not premeditated; includes unintentional but with extreme recklessness; warrants sentence less than death |
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Term
| Voluntary manslaughter and involuntary manslaughter |
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Definition
| With voluntary getting a harsher penalty |
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Term
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Definition
a. Divides murder into three degrees
b. Voluntary manslaughter and involuntary manslaughter |
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Term
| Lesser Included Offense Doctrine |
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Definition
| A defendant can be convicted of the crime that was actually charged or an included crime |
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Term
| Included crimes in less included offense doctrine |
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Definition
1. A lesser degree of the same crime
2. An attempt to commit the crime charged
3. An attempt to commit a lesser degree of the crime charged
4. A crime necessarily prove in the crime charged were proven |
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Term
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Definition
| Means to have thought the matter over beforehand; to have formed the design or intent to kill before the act. Usually no specific time person |
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Term
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Definition
| Worse than ordinary negligence. Used when reckless behavior is on par with the blameworthiness of purpose and knowing |
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Term
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Definition
1. Agency Approach
2. Proximate Cause Approach |
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Term
| Agency Approach of Felony Murder Rule |
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Definition
| Limits felony murder to homicide committed by the felon or agent of the felon |
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Term
| Proximate Cause Approach of Felony Murder Rule |
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Definition
| Felony murder applies to any death proximately resulting from the unlawful activity; felony murder applies so long as the felon sets in motion the acts which result in the killing. |
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Term
| Implied Malice for Felony Murder Rule |
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Definition
| The intent to commit the felony implies the malice necessary for murder |
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Term
| Strict Liability for Felony Murder Rule |
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Definition
| No murderous intent neccessary |
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