Parts of a Crime
A morally blameworthy act against society.
What is a Crime?
A limit that strikes down laws that fail to provide fair notice of what conduct is prohibited or encourage arbitrary law enforcement.
What is Void-for-vagueness?
Crimes that are the most heinous and were traditionally punishable by death penalty
What are BARRK Crimes?
Defenses that show a defendent lakced the requisite criminal intent for a defense.
What are Defenses that Negate Mental States?
A punishment reserved for those convicted of 1st-degree murder, treason, espionage, or aircraft piracy.
What is the death penalty?
An element of a crime that requires Mens Rea and Actus Reus must occur simultaneously.
What is Concurrence?
A rule that prohibits giving multiple punishments for the same offense or prosecuting a offense again after aquittal.
What is Double Jeopardy?
An intentional killing mitigated by adequate provocation or other circumstances negating malice aforethought.
What is Voluntary Manslaughter?
An Insanity Defense test that requires a defendant to have a major mental illness causing the defendant to not know what they are doing or know right from wrong at the time the crime was committed.
What is the M'Naughten Test?
A punishment outcome intended to satisfy society's sense of outrage and need for revenge.
What is retribution?
A behavior where a defendant is aware of the high probability of an illegal act but purposely fails to investigate the presence of the illegal act in order to remain ignorant.
What is Wilfull Blindness?
A limit that requires that the method in which laws are applied must be evenhanded, so that individuals are not subjected to the arbitrary exercise of government power.
What is Procedural Due Process?
Crimes that do not require mens rea.
What are Strict Liability Crimes?
A defense when a law enforcement officer persuades or induces a defendant to commit a crime he wouldn't have committed otherwise.
What is Entrapment?
A punishment outcome that may deter a criminal from committing future crimes.
What is specific deterrence?
The reason/ explanation for the crime and is immaterial to the substantive criminal offense
What is a Motive?
A limit on the powers of the federal government that also applies to the states through the Incorporation Doctrine.
What is the Bill of Rights?
A crime committed by a base or vile act.
A defense that is not waivable and can cause, in some circumstances, a defendant to be released from detention
What is No Competency to Stand Trial?
A forward-looking theory focusing on the beneficial consequences of punishment.
What is utilitarianism?
What should have been in the actor’s mind during an offense had they been a reasonable person.
What is Objective Intent?
A limit that prohibits the government from criminalizing behavior which exercises an implied right.
A test for Implied Malice that says malice is implied when the killer is aware his conduct endangers another's life and still deliberately chooses to do so.
What is the Phillips test?
A court case in which a woman shot a man who was beating her husband, who was unable to defend himself, illustrating the alter ego rule.
What is State v. Cook?
A postulate of retributivism that states punishment must be equivalent to the level of wrongdoing.
What is the proportionality thesis?