Chapter One
What is considered a wrong against society?
What is a crime
What amendment is associated with equal protection?
the 14th amendment
What are the three elements of a crime?
1. Actus reus
2. Mens rea
3. Concurrence
What is the Principle of Concurrence?
Requires mens rea and actus reus to occur simultaneously
What is the Choice of Evils defense?
It justifies the choice to commit a lesser crime to
avoid the harm of a greater crime
What is considered a wrong against an individual
What is a tort?
What is Constitutional democracy?
Being governed by the constitution.
What manifests criminality?
Actus Reus
What is proximate cause based on?
The fairness of the blame on the Defendant.
What is the Consent defense?
Justification that competent adults voluntarily consented to crimes against themselves with full understanding.
What penalty is available for a misdemeanor crime?
a fine or confinement of less than one year
What are ex post facto laws?
a law that retroactively changes the legal consequences of a crime.
What are the two types of criminal omissions?
1. Failure to report
2. Failure to intervene to prevent
What two things must a prosecutor prove to prove causation?
1. Factual causation (but for)
2. Proximate causation
What rule requires you to retreat from an attack if you reasonably believe you are in danger of death or serious bodily harm, and backing off won’t unreasonably put you in danger of death or serious bodily harm?
Retreat Rule
What are the four kinds of crime prevention?
1. General Deterrence
2. Special deterrence
3. Incapacitation
4. Rehabilitation
What three ways are there to determine if a law violates equal protection?
1. Strict Scrutiny
2. Heightened Scrutiny (intermediate)
3. Rational Basis
What are the two aspects of possession?
1. Control of items/substances
2. Awareness of control
What are the two types of intervening causes?
1. Coincidental intervening acts
2. Responsive intervening acts
What are the three types of reasons that can provide a defense in criminal liability?
1. Alibi
2. Justification
3. Excuse
What style of punishment goals examines past crimes and punishes the defendant based on those past crimes?
What is retribution
What is the Void for Vagueness Doctrine?
Vaguely defined laws that fail to provide citizens with a clear understanding of acceptable and unacceptable behavior.
What are the two approaches regarding omission?
1. Good Samaritan
2. American Bystander Rule
What is the "but for" test?
Would criminal harm occur if the act by the Defendant had not triggered a chain of events
What are the four elements of self-defense?
1. Nonaggressor/Unprovoked attack
2. Necessity
3. Proportionality
4. Reasonable Belief