Criminal Law and Punishment In U.S. Society
Intentionally inflicting pain or other unpleasant consequences on another person.
This type of democracy allows the majority to do anything.
What is pure democracy?
-actus reus, mens rea, concurrence causation, and bad result
What are the elements of a crime?
It's the unconscious creation of substantial and unjustifiable risks.
What is Negligence?
A defense in which the defendant is acquitted if they're successful.
What is a perfect defense?
A concept that suggests people can be discouraged from engaging in crimes.
What is deterrence theory?
A.K.A. Principle of legality
What is the Rule of Law also known as?
Failure to report and failure to intervene.
What is a criminal Omission?
What is Causation?
A defense in which the defendant admits what they did was wrong, but claim that under the circumstances, what they did was right.
What is the excuse defense?
A theory in criminal justice that suggests people are motivated by pleasure and pain when making decisions.
What is Hedonism (criminal punishment)?
Vaguely defined laws fail to provide citizens a clear understanding of acceptable and unacceptable behavior.
What is the Void for Vagueness Doctrine?
A doctrine that imposes a legal duty to render or summon aid for imperiled strangers.
What is "Good Samaritan" doctrine?
Also known as "actual cause" or "factual causation."
What is cause in fact?
Is a belief that it's necessary to use deadly force to repel an imminent, deadly attack.
What is reasonable belief?
A criminal justice strategy that removes offenders from society to prevent them from committing more crimes.
What is Incapacitation?
This amendment ensures that people aren't subject to cruel and unusual punishment.
What is the Eighth Amendment?
The requirement that actus reus must join with mens rea to produce criminal conduct.
What is Concurrence?
A legal argument that a defendant uses in court to claim they are not responsible for a crime.
What is defense of excuse?
This defense is rooted in individual autonomy and has to be voluntary, knowing, and authorized as a defense to criminal liability.
What is the defense of consent?
It's the requirement that defendant's have to start matters off by putting in some evidence in "support" of their justification or excuse.
What is "burden of production?"
"No crime without law, no punishment without law."
What does the Principle of Legality establish?
A "circumstance" connected to an act, an intent, and/or a result required to make an act criminal.
What are the Attendant circumstances elements?
The immediate and direct cause that leads to a person's death.
What is proximate cause of death?
It allows a defender to stand their ground and use deadly force to fend off an unprovoked attack in the home.
What is the Castle exception?