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Definition
| Actus reus, mens rea, concurrence, causation, and harmful result, which are the basis for the elements of crime the prosecution has to prove a reasonable doubt. |
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| Punishment based on just desserts. (Revenge) |
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Definition
| The code developed by the American Law Institute to guide reform in criminal law. |
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| A principle stating that there can be no crime or punishment if there are no specific laws forewarning citizens that certain specific conduct will result in a particular punishment. |
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| Laws passed after the occurence of the conduct constituting the crime. |
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| When people hesitate to express themselves because they fear criminal prosecution even though the Constitution protects their speech. |
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| Individuals do not have an obligation to intervene if someone else is in danger. However, people in positions of power do (Police Officer). |
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Definition
| The criminal act or the physical element in criminal liability. |
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Term
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Definition
| The "state of mind" the prosecution has to prove beond a reasonable doubt; criminal intent from an evil mind; the mental element in crime, including purpose, knowledge, recklessness, and negligence. |
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Definition
| Liability without fault, or in the absence of mens rea; it's based on voluntary action alone. |
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Definition
| Defendants admit they were responsible for their acts but claim what they did was right (justified) under the circumstances. |
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Definition
| When use of force is justified when a person reasonably believes that it is necessary for the defense of oneself or another against the immediate use of unlawful force. However, a person must use no more force than appears reasonably necessary in the circumstances. |
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Definition
| Legal term, not medical, the term is for a person who is excused from criminal liability because a mental disease or defect impairs his mens rea. |
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Definition
| Right-wrong test. An insanity defense focus on whether a mental disease or defect impaired the defendants' reason so that they could not tell the difference between right and wrong. |
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Definition
| The principle of liability for another based on relationship. |
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Term
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| Looking at how closely a defendant came to completing a crime. |
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Definition
| The defense that what the actor attempted was not a "crime" |
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Definition
| Homicide law once said that to be a person and therefore a homicide victim, a baby had to be "born alive" and capable of breathing and maintaining a heartbeat on its own. |
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Term
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Definition
| Circumstances that may be considered by a court in determining culpability of a defendant or the extent of damages to be awarded to a plaintiff. Circumstances do not justify or excuse an offense but may reduce the severity of a charge. Similarly, a recognition of mitigating circumstances to reduce a damage award does not imply that the damages were not suffered but that they have been partially ameliorated. |
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Term
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Definition
| Intentional sexual penetration by force without consent. |
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Term
| Aggravating Circumstances |
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Definition
| Circumstances, facts, or situations that increase the culpability, liability, or the measure of damages or punishment for a crime or a tort. |
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Definition
| The consolidated crimes of larceny, embezzlement, and false pretenses. |
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Term
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Definition
| Taking and carrying away another's property by force or threat of force with the intent to permanently deprive the owner of possession. |
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Definition
| Breaking and entering a building with the intent to commit a crime inside a building. |
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Definition
| Personal property (not real estate) |
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Definition
| Crimes without complaining victims (for example, recreational illegal drug users). |
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Definition
| Prevention of crime by treatment. |
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Definition
| Laws inducted by a community. Town Ordinances. For example, a noise ordinance for past 10. |
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Term
| Void-for-over-breadth doctrine |
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Definition
| The principle that a statute is unconstitutional if it includes in its definition of "undesirable behavior" conduct protected under the U.S. Constitution. |
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Definition
| Offenses based on crimes not yet completed. |
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Term
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Definition
| Unlawful killing of another person without malice aforethought. |
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Term
| General Principle of Necessity |
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Definition
| The justification of committing a lesser crime to avoid the imminent danger of a greater crime. |
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Term
| Preponderance of evidence |
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Definition
| More than 50 percent of the evidence proves justification or excuse. |
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Term
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Definition
| Blameworthiness based on mens rea; deserving of punishment because of individual responsibility for actions. |
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Term
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Definition
| An attempt to commit a battery or intentionally putting another in fear. |
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Definition
| Unwanted or unjustified touching. |
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Term
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Definition
| To have carnal knowledge of a person under the age of consent whether or not accomplished by force. |
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Definition
| Intentionally burning a house or other structure. |
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Definition
| A theory of the norm setting and signaling effect of urban disorder and vandalism on additional crime and anti-social behavior. The theory states that monitoring and maintaining urban environments in a well-ordered condition may stop further vandalism as well as an escalation into more serious crime. |
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Term
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Definition
| Ancient crime of poor people wandering aroudn with no visible means of support. |
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Definition
| U.S. statute aimed at Communists who advocated the violent overthrow of the government. |
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Definition
| Crime of levying war against the United States or of giving aid and comfort to its enemies. |
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Term
| Core values of the USA Patriot ACT |
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Definition
| Act passed by Congress following September 11, 2001, creating some new (and enhancing the penalties for existing) crimes or domestic and international terrorism. |
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Term
| ______ are punishable by death or confinement in the state's prison for one year to life without parole |
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Definition
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Term
| Conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interest is called ______ |
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Definition
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Term
| _____ are created by city and town councils. |
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Definition
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Term
| Punishments that are considered no longer acceptable is _______ |
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Definition
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Term
| _______ "imposes legal duty to render or summon aid for imperiled strangers". |
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Definition
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Term
| _____ means you do not know what you posses |
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Definition
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Term
| A(n) ____ defense is one which only reduces the conviction to a lesser offense |
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Definition
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Term
| A ____ defense is on that, if established, requires an acquittal |
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Definition
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Term
| There is no way to ______ from your own home to avoid using deadly force |
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Definition
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Term
| If undercover police officers enticements or inducements to get persons to commit crimes, this could raise the ____ defense |
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Definition
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Term
| To establish the insanity defense, it must be shown that the efendant suffered from a mental disease or ____ |
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Definition
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Term
| ___ intoxication is not a defense |
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Definition
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Term
| Most justifications and excuses are _____ defenses. |
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Definition
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Term
| To obtain a conviction, the prosecution must prove every element of the offense by a preponderance of the evidence. |
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Definition
| Beyond a reasonable doubt |
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Term
| Where is most criminal law found? |
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Definition
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Term
| Crime and torts are similar in which of the following ways |
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Definition
| They both tell us what we can and can't do |
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Term
| According to the text, which is the most common category of crimes |
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Definition
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Term
| When an appellate court overturns a decision of a trial court and sends the case back for further proceedings in accord with its decisions the appeals court has |
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Definition
| Reversed and remanded trial court decision |
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Term
| The void-over-breadth-doctrine invalidates laws that have what effect on protected expression |
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Definition
| An unacceptable chilling effect |
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Term
| Which of the following is protected by the First Amendment? |
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Definition
| Flag burning as a political protest |
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Term
| Which of the following kind of punishments are prohibited by the Eigth Amendment? |
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Definition
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Term
| The idea that the punishment must fit the crime is the Eighth Amendment principle of |
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Definition
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Term
| According to the U.S. Supreme Court, California Three-strike-laws |
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Definition
| Does not violate Eighth Amendment |
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Term
| There is no criminal conduct there is no criminal |
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Definition
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Term
| The concurrence element means that a criminal element has to |
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Definition
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Term
| Serious crimes that include (1) a voluntary act (2) a mental element (3) circumstanial elements (4) causation (5) criminal harm |
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Definition
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Term
| Which of the following is a voluntary act? |
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Definition
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Term
| Which of the following are the two kinds of criminal omission? |
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Definition
| Failure to report and failure to intervene |
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Term
| Liability without fault or in absence mens rea is called |
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Definition
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Term
| Which of the following statements is true regarding recklessness and negligence? |
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Definition
| Recklessness is about consciously creating risks; Negligence is unconsciously creating risks. |
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Term
| According to the Model Penal Code, what is the most blameworthy mental state |
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Definition
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Term
| What is the only crime defined in the U.S. Constitution? |
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Definition
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Term
| Ignorance of fact and law _____ create a reasonable doubt that the prosecution has proved the element of criminal intent |
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Definition
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Term
| Most defenses are perfect defenses. If they are successful defendants are |
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Definition
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Term
| The castle exception is the exception to what doctrine? |
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Definition
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Term
| At the heart of the choice of evils, defense is the neccessity to prevent |
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Definition
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Term
| The general rule is that self-defense is only available agaisnt what type of attacks? |
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Definition
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Term
| In the 1980s federal government and many states changed their insanity defenses after the insanity acquittal of? |
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Definition
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Term
| Defendants rarely plead insanity, those who do ____ |
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Definition
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Term
| In most jurisdictions, to establish the durress defense the defendant must show that the threat of harm or her was |
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Definition
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Term
| Which of the following is not an excuse for committing a crime? |
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Definition
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Term
| Participants who are involved after the comission of a crime are guilty of a |
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Definition
| Seperate, less serious offense |
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Term
| Participants before and during the comission are |
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Definition
| Guilty of the crime itself |
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Term
| Participants after crimes are committed are known as |
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Definition
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Term
| An agreement to commit a crime is a? |
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Definition
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Term
| According to what rule, is even presence at the scene of a crime followed by flight not enough action to satisfy the actus reus of accomplice liability? |
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Definition
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Term
| In general, merely being present at the scene of the crime: |
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Definition
| Is not sufficient to complete accomplice liability |
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Term
| Vicarious liability transfers the actus reus and the mens rea of one person to another person or from one or more persons to an enterprise of their |
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Definition
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Term
| Criminal attempts, criminal conspiracies, and criminal solicitation are |
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Definition
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Term
| Which rationale at how close the defendants came to completing crimes? |
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Definition
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Term
| Physical proximity tests of the actus reus of attempt focus on |
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Definition
| How closely the defendant is to committing a crime |
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Term
| What has occurred when actors intend to commit crimes and do everything they can to carry out their criminal intent but the criminal law does not band what they did |
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Definition
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Term
| Incohate offenses punish people for crimes they started to commit |
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Definition
| But have not finished committing |
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Term
| To be a defense to attempt the abadonment of the attempt must be |
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Definition
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Term
| Conspiracy actus reus, consists two parts aggreement to commit a crime and |
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Definition
| An overt act in furtherance of the aggreement in about half the states |
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Term
| The crime of trying to get someone else to commit a crime |
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Definition
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Term
| Most of the law of criminal homicide is about |
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Definition
| Grading the seriousness of offense |
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Term
| According to the Uniform Brain Death Act, a person is considered dead when |
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Definition
| He or she has suffered irreversabler cessations of all brain functions including those of the brain stem |
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Term
| Throughout most of its history, homicide law has allowed what rule? |
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Definition
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Term
| What is the name of assissted suicide? |
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Definition
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Term
| Why was the crime of murder divided into first and second degree? |
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Definition
| To seperate murderers that deserve the death penalty from those who do not |
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Term
| Which of the following is typically an aggravating circumstance that will justify conviction of the death penalty? |
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Definition
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Term
| If an armed offender accidently killed the store clerk during a robbery this would be |
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Definition
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Term
| With regard to cooling off for voluntary manslaughter assuming that the defendant did not in fact cool off most courts will then apply what test? |
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Definition
| Objective test of cooling off time |
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Term
| One of the most critical problems in sex offenses is to distinguish flirting and seduction from? |
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Definition
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Term
| Since the 1970's rape laws have been reformed by? |
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Definition
| Eliminating or moderating the prompt reporting rule |
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Term
| Force beyond that required to complete sexual penetration or contact is |
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Definition
| Not always required to satisfy to the force requirement of rape |
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Term
| Statutory rape is what kind of crime in most states? |
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Definition
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Term
| Kidnapping and false imprisionment both violate what right? |
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Definition
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Term
| Most state statutes classify sexual assaults where the victim suffers serious bodily harm as? |
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Definition
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Term
| A battery is an unjustfied |
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Definition
| Unwanted and unjustified offensive touching |
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Term
| Under the ___ rule a person is charged with conspiracy in the underlying offense |
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Definition
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Term
| Paying a third party to commit a murder is called ___ |
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Definition
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Term
| The law defining when life begins for the purpose of applying the law of criminal homicide is called |
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Definition
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Term
| Unlawful killing of another without malice aforethought |
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Definition
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Term
| ___ are unintentional murders that occur during a commission of a felony |
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Definition
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Term
| The intentionally scaring another person by following, tormenting, or harassing is called |
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Definition
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Term
| ___ rule that requires the amount of force to resist to show non-consent to rape |
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Definition
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