SOURCES OF LAW
A comprehensive body of criminal law, adopted in whole or in part by most states
What is the Model Penal Code?
A crime punishable by more than a year in prison or death.
What is a felony?
The "guilty act" element of the crime.
What is the actus reus?
The killing of a human being with intent
What is murder?
Breaking and entering into a structure for the purpose of committing a crime.
What is burglary?
A nongovernmental organization composed of distinguished judges and lawyers in the United States.
What is the American Law Institute?
A lesser crime punishable by less than a year in jail and/or a fine.
What is a misdemeanor?
The “guilty mind” element of a crime; or the criminal intent in committing the act.
What is the mens rea?
The unlawful killing of a human being without premeditation.
What is manslaughter?
The direct taking of property from another through force or threat.
What is robbery?
This set of statutes defines federal crimes, such as illegal conduct arising out of interstate commerce or involving federal officials.
What is Title 18 of the U.S. Code?
A “wrong due to being prohibited”; acts made "criminal" by statute.
What is a malum prohibitum crime?
The mental desire and will to act in a particular way; or where the defendant knowingly and intentionally committed a prohibited act.
What is specific intent?
The threat to cause immediate apprehension or fear of an unlawful or unwanted touching (whether successful or not, provided the victim is aware of the danger).
What is assault?
The wrongful taking of another's property (i.e., without permission); but without force or unlawful entry.
What is larceny?
These federal organizations define criminal conduct involving activities that violate the rules they create.
What are federal administrative agencies?
A “wrong in itself”; by its nature the offense is illegal as being against public policy or moral principles of society.
What is a malum in se crime?
This is found where defendant assumes an unjustifiable risk in their actions; or engages in reckless conduct.
What is general intent?
The actual intentional touching of someone with intent to cause harm, no matter how slight the harm.
What is battery?
The crime of inducing or encouraging another to commit a crime.
What is solicitation?
These statutes are the most important source of criminal law, classifying and defining what acts are considered "crimes," and prescribing penalties for committing these acts.
What is state law (state penal codes)?
Burglary, arson, robbery, rape, kidnapping.
What are the common law BARRKS felonies?
This type of crime imposes liability without any proof of mental state needed. In other words, the prosecution only needs to prove the actus reus element of the crime.
What is a strict liability crime (statute)?
The prior intention to kill the victim or anyone else if likely to occur as a result of the defendant's actions or omissions.
What is malice aforethought?
Under this rule, defendant claims that due to a mental disease or defect, they lacked the capacity for reason and/or the ability to understand or appreciate the wrongfulness of their conduct.
What is the M’Naghten rule?