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Criminal Law

Chapters 1-4

QuestionAnswer
A private wrong for which you can sue the party who wronged you and recover money Tort
The theory that human beings won't commit crimes if they know that they pain of punishment outweighs the pleasure gained from committing crimes Classical Deterrence Theory
Only someone who intends to harm their victim deserves punishment; accidents do not count Culpability
The point of the story, the court backs up it's judgement by explaining how and why it applied the law to the facts of the case Opinion
Ways of thinking about the purpose of criminal punishment Theories of criminal punishment
Due process and right to liberty Fifth and Fourteenth Amendment
Punishment no longer considered acceptable to civilized society Barbaric Punishments
Highest burden of proof in the U.S. criminal justice system Proof beyond a reasonable doubt
This law has two purposes, one purpose is to protect private individuals by ensuring that legislatures make it known what is illegal, and the other purpose is that legislature cannot pass arbutrary and vindictive laws Ex post facto laws
Unconsciously creating risks Negligence
Latin for "Guilty Mind" Mens Rea
Prosecution must prove these beyond a reasonable doubt (5) Elements of a crime
Failure to act where there is a legal duty to act Criminal Omission
Items you possess but you don't know what they are Mere Possession
A fault that requires a "bad mind" in the actor Subjective Fault
Requires no purposeful or conscious bad mind in the actor Objective Fault
Created by: StewB
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