Foundational Elements of Crime
The legal term used to describe criminal culpability?
What is mens rea?
This clause from the Constitution states federal law is superior to state law.
What is Supremacy Clause?
The four basic levels of mens rea
What are purposeful, knowing, reckless and negligent intent?
The two basic categories of actus reus
What are omissions and voluntary acts?
Complicity occurs when someone aids and abets another in a crime commission through ___________
What are words, voluntary actions and omissions.
The focus of the reasonable person standard
What is on objective factors?
The______amendment to the U.S. Constitution grants states police powers.
What is the 10th?
The definition of gross negligence
What is an extreme (gross) departure from ordinary care?
T or F:
Preparatory, inchoate and complete crimes are all punishable criminal acts.
What is true?
Common law classifications for complicity.
Principals in the first and second degree
Accessories before and after the fact
The types of crimes criminalized as mala in se.
What are rape, murder, assault, and other crimes against persons and property?
Common laws for __________and ______ have been completely abolished in every U.S. jurisdiction.
What are burglary and rape?
A central question to determining _______intent is: Did the person ignore a risk (associated with their action) that reasonable people perceive [and take into consideration]?
What is reckless intent?
Failure to act, where there is an obligation to, imposed by statute, contractual, professional, parental relationship or assumption of duty
What is a culpable omission?
By most modern legal standards, crimes of complicity are simplified as offenses collaborated by _________and________
What are principals and accessories?
Crimes that prohibit otherwise legal conduct when it is performed under certain time, place and manner conditions.
What are mala prohibita crimes?
The principle that sate laws must at least reflect federal law but can provide more protection than federal law requires.
What is federalism?
The term used to describe when punishment is based on the criminal act, no criminal intent is needed.
What is strict liability?
Inchoate crimes that merge with the completed crime (if finished).
What are attempt and solicitation?
____________ describes how a crime can be imputed to another individual who did not partake in any of the illegal conduct directly, yet through their connection to the criminal actor as a parent or employer, they must take responsibility for any resultant harm in accordance with the law.
What is vicarious liability?
What is the standard of proof in criminal prosecutions?
What is beyond a reasonable doubt?
In comparison to the Model Penal Code rule for insanity, the McNaughten rule is ___________.
What is narrow (i.e. a higher standard to meet)?
The level of culpability that can be customized to account for specialized knowledge or expertise that is attributed to certain individuals like lawyers, doctors, and police officers
What is negligence/the reasonable person standard?
Two common defenses to inchoate crimes.
What are anbandonment and legal impossibility?
A person who solicited a crime commission can be charged with ___________if the crime is actually completed.
Aiding and abetting (the targeted, completed crime)