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Criminal Law
Collaborative Review Assignment #1
| Term | Definition |
|---|---|
| criminal liability | conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests |
| felonies | serious crimes that are generally punishable by one year or more in prison |
| common-law crimes | crimes originating in the English common law |
| model penal code (MPC) | the code developed by the American Law Institute to guide reform in criminal law |
| general deterrence (and criminal punishment) | aims, by threat of punishment to deter criminal behavior in the general population |
| deterrence theory | rational human beings won’t commit crimes if they know that the pain of punishment outweighs the pleasure gained from committing crimes |
| rule of law | the law is above everyone and it applies to everyone |
| ex post facto law | a law passed after the occurrence of the conduct constituting the crime |
| bench trial | trial without a jury |
| actus reus | the criminal act or the physical element in criminal liability |
| mens rea | the “state of mind” the prosecution has to prove beyond a reasonable doubt; criminal intent from an evil mind; the mental element in crime, including purpose, knowledge, recklessness, and negligence |
| corpus delicti | Latin body of the crime |
| conduct crimes | crimes requiring a criminal act triggered by criminal intent |
| culpability | the idea that we can only punish people that we can blame, and we can only blame people that are responsible for what they do |
| recklessness | the conscious creation of substantial and unjustifiable risks |
| causation | requirement that criminal conduct causes a harm defined in the criminal code |
| “but for” cause | meaning that if it weren’t for an actor’s conduct, the result wouldn’t have occurred. |
| perfect defenses | defenses in which defendants are acquitted if they’re successful |
| stand-your-ground rule | if you didn’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 |
| castle exception | when attacked in your home, you have no duty to retreat and can use deadly force to fend off an unprovoked attack, but only if you reasonably believe the attack threatens death or serious bodily injury |
Created by:
SherrySummers
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