law and punishment
Non-Criminal wrongs
What are Torts?
These illegal laws ban an action retrospectivly
what are Ex Post Facto laws
the criminal act
Actus Reus
The Guilty mind
Defenses in which defendants are acquitted if they're successful
Criminal laws that have over a year in jail
What are Felonies
This amendment bars Cruel and Unusual punishment
What is the 8th amendment
these crimes require a criminal act triggered by criminal intent
what are conduct crimes
This fault requires a bad mind in the actor
Subjective Fault
special hearings to determine if defendants who have used the insanity excuse defense are still insane
what are Competency hearings
intentionally inflicting pain or other unpleasant consequences on another person
what is punishment
This states that the punishment should fit the crime
What is the Principle of proportionality
The rule that says only one act in the chain must be voluntary
what is the one-voluntary-act-is-enough rule
Liability without subjective or objective fault
justifies the choice to commit a lesser crime to avoid the harm of a greater crime
what is the Choice-of-evils defense
They beleive in inflicting on offenders physical and psychological pain (“hard treatment”) so that they can pay for their crimes
Who are retributionists
Nonverbal actions that communicate ideas and feelings
what is expressive conduct
an obligation created by a statute, contract, or special relationship, and enforceable by law
what is legal duty
Cause in fact
What is Factual cause
This states that if your jurisdiction follows the retreat rule you don't have to retreat
what is the cohabitant exception
This permits only the minimum amount of pain necessary to prevent the crime
What is the Principle of Utility
Punishments no longer accepted in civilized society
What are Barbaric Punishments
States that there is a legal duty to help someone in danger
what is the Good Samaritan Doctrine
The most blameworthy state in the MPC
what is Purposely
the justification that competent adults voluntarily consented to crimes against themselves and knew what they were consenting to
what is the Defense of Consent