In the Elements
The prosecution's burden of proof in criminal cases
What is Beyond a Reasonable Doubt
A trespassory taking and carrying away of the personal property of another with the intent to deprive permanently.
What is Larceny
The physical act of a crim
What is Actus Reas
This charge allows police to arrest someone before committing the principal crime in order to prevent that crime from occurring.
What is Inchoate (Attempt) Crimes
At CL, this defense must be subjectively honest and objectively reasonable and requires the elements of imminence, necessity, and proportionality.
What is Perfect Self Defense
An intentional killing of another can be reduced in charge if there is ___________ present.
What is Adequate Provocation
A defendant meant only meant to break the victim's limbs but the victim died in the attack.
What is 2nd Degree Murder (Seriously Bodily Injury)
The level of intent required by a crime
What is Mens Rea
An examination into the question whether it is fair and just to hold the defendant criminally liable.
What is Proximate Cause Inquiry
Defense stating the prosecution failed to prove at least one required element of the crime charged.
What is Case in Chief Defense
A gross deviation from the standard of care a reasonable person in the same circumstances would use.
What is criminal negligence
An officer manager who maintains finances decides to take $100 each week before depositing cash payments.
What is Embezzlement
Causation Determination has these two parts
What is Actual Cause + Proximate Cause
These offenses are common place and prevalent, to require mens rea would let many laws go unenforced and require endless litigation over mens rea for regulatory/public welfare infractions
What is Strict Liability Offenses
At CL, allowed to use _________ if you believe it is reasonable to stop an immediate and unlawful taking of your property.
What is Non-deadly force (deadly force not justified to protect property at CL)
The default mens rea at CL
What is General Intent
During a bank robbery, the lookout got nervous and shot and killed a bystander when he thought they were calling the police.
What is 1st Degree Felony Murder
The mens rea must be the motivation behind the actus reas.
What is Motivational Concurrence
Determining the legislative intent behind a law is one step of this process.
What is Statutory Interpretation
The defendant admits committing the crime, but states they should not be held responsible due to this.
What is Affirmative Defense (the act was justified or excused)
The levels of culpability for a jurisdiction that follows the Model Penal Code
What is Purposefully, Knowingly, Recklessness (Default at MPC), Negligent
The intentional killing of another individual.
1st Degree (Specific Intent) Murder
The type of event that will break the causal link.
What is Independent Intervening Cause (unless it was foreseeable)
The greater good is served by breaking the law than it is obeying it.
What is Necessity Defense
Imperfect self defense allows this result in the crime charged
What is Mitigation (it wasn't justified, but we will lower the crime)