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Chapter Review 1-5
| Question | Answer |
|---|---|
| Felonies against a person | which are murder, manslaughter, rape, kidnapping, and robbery |
| Felonies against property | which include all forms of felony theft, robbery, arson, and burglary |
| hard punishment | a sentence of a year or more in prison |
| torts | private wrongs for which you can sue the party who wronged you and recover money. |
| mala in se (inherently evil) crimes | offenses that require some level of criminal intent |
| mala prohibita offenses | offenses that are crimes only because a specific statute or ordinance prohibits them. |
| felonies | crimes punishable by death or confinement in the states prison for one year to life without parole |
| Model Penal Code (MPC) | proposed criminal code drafted by the American Law Institute and used to reform criminal codes. |
| Criminal Liability | conduct that unjustifiably and inexcusably inflicts or threatens harm to an individual or public interests. |
| Punishment | intentionally inflicting pain or other unpleasant consequences on another person. |
| Deterence | the use of punishment to prevent or reduce future crimes |
| Classical Deterence Theory | rational human beings won't commit crimes if they know that the pain of punishment outweighs the pleasure gained from committing crimes |
| ex post facto laws | a retroactive law that does one of three things (1) criminalizes an act that wasn't a crime when it was committed. (2) increases the punishment for a crime after the crime was committed. (3) takes away a defense that was available to a defendant. |
| constitutional right to privacy | a right that bans all governmental invasions if the sanctity of a man's home and the privacy's of life |
| cruel and unusual punishment | "barbaric" punishments and punishments that are disproportionate to the crime committed. |
| actus reus | the requirement that all crimes have to include a voluntary criminal act, which is the physical element of a crime and the first principle of criminal liability. |
| mens rea | criminal intent, the mental element of a crime |
| conduct crimes | requiring a criminal act triggered by criminal intent |
| concurrance | the principle if criminal liability that requires that a criminal intent has to trigger the criminal act |
| failure to report | not providing information when you're legally required to |
| failure to intervene | not actively preventing or interrupting injuries and death to persons or damage and destruction of property |
| "Good Samaritan doctrine" | imposes a legal duty to help or call for help for imperiled strangers |
| actual possession | physical control of banned items on my person |
| constructive possession | banned items not on my person but in places I control |
| knowing possession | items possessors are aware is either on their person or in places they control |
| mere possession | items you posses but you don't know what they are |
| culpability or blameworthiness | the idea that it's fair and just to punish only people we can blame |
| motive | something that causes a person to act |
| subjective fault | fault that requires a "bad mind" in the actor |
| objective fault | requires no purposeful or conscious bad mind in the actor |
| general intent | the intent to commit the criminal act forbidden by statute |
| specific intent | the general intent to commit the actus reus of a crime plus the intent to cause a criminally harmful result |
| causation | holding an actor criminally accountable for the results of his or her conduct |
| factual cause | also called " but for" cause or "cause in fact"; if it weren't for an actor's conduct, the result wouldn't have occurred |
| legal cause | a subjective question that asks "is it fair to blame Defendant for the harm triggered by a chain of events in his or her action(s) set in motion?" |
| intervening cause | an event that comes between the initial act in a sequence and the end result |
| justification defenses | defendants admit they were responsible for their acts but claim that, under the circumstances, what they did was right (justified) |
| excuse defenses | defendants admit what they did was wrong but claim that, under the circumstances, they weren't responsible for what they did |
| affirmative defenses | defendants have to "start matters off by putting in some evidence in support" of their justification or excuse defenses |
| perfect defenses | defenses in which defendants are acquitted if they're successful |
| imperfect defenses | when a defendant fails in the full defense but is found guilty of a lesser offense |
| stand your ground rule | if you don't start a fight, you can stand your ground and kill to defend yourself without retreating from any place you have a right to be |
| retreat rule | you have to retreat from an attack if you reasonably believe (1) that you're in danger of death, serious bodily harm, (2) that backing off won't unreasonably put you in danger or death, serious bodily harm. |
| curtilage | the area immediately surrounding the home |
| choice-of-evils defense | also called the general defense of necessity, it justifies the choice to commit a lesser crime to avoid the harm of a greater crime |
| defense of consent | the justification that competent adults voluntarily consented to crimes against themselves and knew what they were consenting to |
| voluntary consent | consent was the product of free will, not of force, threat of force, promise, or trickery |
| knowing consent | the person consenting understands what he or she consenting to; he or she is not too young or insane to understand |
| authorized consent | the person consenting has the authority to give consent |
Created by:
julissalanee94
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