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Criminal Law
| Term | Definition |
|---|---|
| mens rea | the requisite mental state or “guilty mind" |
| strict liability | the defendant is guilty regardless of mens rea, so long as he or she engaged in a voluntary act that led to the prohibited result |
| Traditional Approach to Intent and Mens Rea: specific Intent | when I intend not only the act, but also the specific result. |
| actus reus | , the state must prove that the defendant engaged in a voluntary act that led to the prohibited results |
| Concurrence | the defendant must have had the required intent or other relevant mental state at the moment he/she performed the act. |
| corpus delicti | the body or essence of a criminal offense that proves the crime has been committed (e.g., a dead body; stolen merchandise; evidence of battery or sexual assault; evidence of intoxication) |
| principle of legality | Nothing is a crime unless it is clearly forbidden in law. |
| Causation | the defendant’s action set in motion a chain of events that led to harm. “But for” John Doe’s action, the harm would not have resulted. |
| inchoate crime | one that is not completed or not perfectly formed |
| attempted crime | one that has not been completed, either because the final act of execution has not been made or because of legal or factual impossibility |
| “conspiracy” | is an agreement to commit a crime, not that crime itself |
| Murder | involves killing a person(s) with malice aforethought. |
| Malice | "evil mind", the intention or desire to do evil, ill will |
| aforethought | with premeditation or deliberation |
| Manslaughter | the crime of killing a human being without malice aforethought, or otherwise in circumstances not amounting to murder. |
| Felony murder | makes one strictly liable of murder even if one did not intend to kill anyone or have malice to kill. |
| People v. Stamp | storeowner with a history of heart disease had a heart attack while being robbed pursuant to a burglary, and the robbers were held guilty of murder even though they had not intended to kill. |
| support the felony murder rule | 1) it deters crime (deterrence theory); 2) it reduces violence by providing an incentive for felons to be especially careful in how they carry out their crimes; 3) those who commit violent felonies deserve to be held responsible (retribution theory) |
| proximate cause | that which, in a natural and continuous sequence, unbroken by any efficient intervening cause, produces injury and without which the result would not have occurred |
| beyond a reasonable doubt | presumption of innocence in every criminal case |
| Preponderance of the evidence test | something is “more likely than not.” That is, if there is a 51% chance that someone is liable, then that person is liable under the preponderance test. This is the standard used in civil cases |
| Burden of Persuasion (or Proof) | ultimately convincing the trier of fact” (jury or judge) of the guilt of the defendant or of the existence of certain facts in the case. |
Created by:
mimack
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