Chapter One
What felonies can a person get charged with?
Murder, manslaughter, rape, kidnapping, and robbery.
The principle of legality
No person can be convicted of, or punished for a crime unless the law defined the crime and prescribed the punishment before the person engaged in the behavior that was defined as a crime.
What does criminal liability mean?
"Conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to indi- vidual or public interests”.
What does a motive mean?
A motive causes a person to act.
What does the word torts mean?
Torts are where a person can sue another for private wrongings and recover money.
What is the proof beyond a reasonable doubt?
The highest burden of proof in the U.S. Criminal justice system is reserved for criminal cases. And the prosecution must prove every element of the crime charged to this standard.
What is a criminal homicide?
Conduct that causes another person’s death.
What is the steven Loge case that was convicted of violating the “open bottle” law.
State v. Loge
What does the word, Mala in se offenses mean?
It means that people do not need the law to tell them that rape, murder, robbery, and stealing are crimes because they are inherently evil.
What is expressive conduct?
Expressive conduct is the nonverbal actions that communicate ideas and feelings.
What is corpus delicti Latin for?
"body of the crime”
What is the principle of concurrence?
The principle of concurrence means that some mental fault has to trigger the criminal act in conduct crimes and the cause in result crimes.
What is the definition of codified?
Written definitions of crimes and punishment are enacted by legislatures and are published.
What is the clear and present danger doctrine?
The clear and present danger doctrine allows the government to punish words that “produce a clear and present danger of a serious substantive evil that rises far above public inconvenience, annoyance, or unrest”.
What does the failure to intervene mean?
Not actively preventing or interrupting injuries and death to persons or damage and destruction of property.
What does ignorance maxim mean?
The ignorance maxim is the presumption that defendants knew the law they were breaking.
Criminal punishments have to meet the four criteria to be able to qualify. What are they?
1. They have to inflict pain or other unpleasant consequences.
2. They have to prescribe punishment in the same law that defines the crime.
3. They have to be administered intentionally.
4. The state has to administer them.
What is the second Amendment?
“the right of law-abiding, responsible citizens to use arms in defense of hearth and home”
What does actual possession mean?
Physical control of banned items on my person, for example, marijuana in my pocket.
What does mens rea mean?
Mens rea means guilty mind, the mental element in crime.