Term
| Four characteristics of the criminal method |
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Definition
1. series of commands telling people what they must do or not do
2. Within jurisdiction
3. Sanctions which the community is prepared to enforce
4. Judgement of community condemnation |
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Term
| Basic elements of a crime |
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Definition
1. Actus Reus
2. Mens Rea
3. Causation
4. Concurrence |
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Term
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Definition
| Federal Law, Common Law and Model Penal Code |
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Term
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Definition
Deterrence (general and specific)
Rehabilitation
Retribution
Isolation |
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Term
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Definition
Beyond a reasonable doubt and
perponderance of the evidence
the level of certainty the fact finder must reach before ruling for the party with the burden of proof |
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Term
| Possible defense strategy |
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Definition
Case in chief (prima facie)
Affirmative defense |
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Term
Case in Chief Defense
(Prima Facie) |
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Definition
| Simply to create a reasonable doubt about some element of the crime. |
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Term
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Definition
| Admits guilt as to the charged offense, but claims nevertheless should be aquitted of that offense either because he or she was justified in acting the way he or she did or because he or she should be excused. |
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Term
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Definition
| Right to a jury trial in a criminal case unless the defendant waives his or her right and elects to be tried by a judge. |
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Term
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Definition
| Returning a verdict contrary to the law |
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Term
| Who bears the burden of proof in a criminal case? |
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Definition
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Term
| Criminal case standard of proof |
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Definition
| Beyond a reasonable doubt |
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Term
| Civil case standard of proof |
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Definition
| Preponderance of the evidence |
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Term
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Definition
| When using the affirmative defense, the defendent must prove by a perponderance of the evidence. |
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Term
| Case Rule: Jury Nullification |
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Definition
Judge’s decision to dismiss a juror because he acknowledged that he would not apply the law as instructed is valid even though the juror was exercising right to jury nullification
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Term
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Definition
| Relies primarily on the decisions of judges |
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Term
| Model Penal Code Jurisdictions |
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Definition
| Relies on the statutory language itself |
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Term
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Definition
| Believes that actions are morally right if they result in desirable consequences |
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Term
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Definition
| Look forward at the predictable effects of punishment on the offender and/or society |
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Term
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Definition
| believes actions are morally right or wrong in themselves, regardless of the consequences |
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Term
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Definition
| Look backwards at the harm caused by crime and attempt to calibrate the punishment to crime. |
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Term
| Actus Reus pulls together the following concepts |
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Definition
1. Not be convicted solely on the basis of thought (thought crimes)
2. Not compelled by the government
3. Act is voluntary
4. No criminal liability for omission unless there is a legal duty to act (legal duty to act)
5. Not criminally punished for being a certain kind of person (status crime) |
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Term
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Definition
| Criminalize the conduct leading up to the completed social harm |
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Term
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Definition
Must be physically capable and have knowledge giving rise to the need for action along with one of the relationships below:
Special relationship (husband/wife, parent/child, master/servant)
enter into a contract
statutory duty to act
create the risk of harm
assumes care of the person in need |
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Term
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Definition
| the kind of moral blameworthiness that ought to make a person criminally responsible for his or her actions |
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Term
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Definition
| Particular mental state provided for in the definition of the offense. |
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Term
| Describe mental state (common law) |
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Definition
| willfully, maliciously, corruptly, intentionally, knowingly, recklessly, negligently |
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Term
| Describe mental state (model penal code) |
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Definition
| purposely, knowingly, negligently and recklessly (default) |
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Term
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Definition
conscious object
knowledge to a virtual certainty |
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Term
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Definition
| One act with the requisite intent if it is his/her conscious object or purpose to cause a certain result or to engage in certain prohibited conduct |
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Term
| Knowledge to a virtual certainty |
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Definition
| Knows to virtual certainly that one's actions will cause that social harm. |
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