Punhisments
A year or more in prison
What is hard punishment
The laws were ban and unconstitutional
Ex post facto laws
Only Voluntary acts qualifies
What is Actus Reus
Let in for guilty mind or mental element of crime "evil mind" or "criminal intent"
What is Mens rea
State has the burden of proving the defendant committed the crime
What is Presumption of innocence
Crimes that fit within criminal law imagination and that the law should punish people by locking them up
What is punishment imagination
The idea that government powers were limited and define by laws.
Rule of law
Failure to intervene or report is a legal duty to a person in danger or harm can lead to
What is a Criminal omission
Proving causation requires proving two types of causes
What is factual cause and legal proximate cause
Requires that parties submit some evidence to support their claim
What is burden of production
This theory of punishment is know for its principle of an"Eye for an Eye" approach
What is retribution
No one can be convicted or punish for a crime unless the law the find and prescribed punishment before the person engage in the behavior there was defined as crime.
What is principle of legality
Elements of which prosecution must prove we are reasonable doubt to convict the defendant
What is Actus reus, Mens rea, and concurrence
The prosecution has to prove only the defendant committee a voluntary criminal act that caused harm
What is strict liability
Persuasion of judge or jury to a certain standard
What is burden of persuasion
4 kinds of Prevention
What is general deterance, special deterance, incapacition, and rehabilitation
U.S Supreme Court case Griswold v. Connecticut claims this originate in the 6th Amendment
What is fundamental right of privacy
Latin for " body of crime" or body of the victim in and homicide
What is Corpus Delicti
The Model Penal Codes mental states are
What's is Purposely knowingly recklessly and negligence
A level of certainty of which the jury or judge needs to be persuaded
What is standard of proof
To inflict pain or unpleasant consequences, prescribed punishment in the same law that defines their crime, administered intentionally and by the state.
What is Criminal Punishment
5 categories of expression not protected by the 1st amendment
What is 1.Fighting words 2.slander and Liability 3.clear and present 4. Profanity 5. obscenity
Criminal intent trigger criminal act
what is concurrence
Requires awareness of "substantial and unjustifiable risk".
What is recklessly
More than 50% up evidence proves justification or excuse
What is ponderence of evidence