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the highest standard of proof known to law
What is proof beyond a reasonable doubt
The law is above everyone and it applies to everyone
What is the rule of law
The criminal act or the physical element in criminal liability
What is actus reus
This amendment requires that punishments be proportional to the crime
What is the 8th Amendment
crime is a "disease," and criminals are "sick".
What is the "medical model" of criminal law
rational human beings won't commit crimes if they know that the pain of punishment outweighs the pleasure gained from committing crimes.
deterrence theory
A law passed after the occurrence of the conduct constituting the crime
what is ex post facto law
The requirement that actus reus must join with mes rea to produce criminal conduct or that conduct must cause a harmful result
What is concurrence
flag burning is protected as a political protest in this amendment
What is the first amendment
banned items not on my person but in places I control, for example, in my car or apartment.
What is constructive possession
the numbers, letters, and punctuation that follow the title of a case in the excerpts or in the bibliography at the end of the book.
What is a case citation
Principle that statutes violate due process if they don't clearly define crime and punishment in advance
what is void-for-vagueness doctrine
doctrine that imposes a legal duty to render or summon aid for imperiled strangers
What is the "Good Samaritan" doctrine
The right to freedom from unreasonable search and seizure is guaranteed
What is the Fourth Amendment
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
What is the Second Amendment
Private wrongs for which you can sue the party who wronged you and recover money
What is a tort.
Trial without a jury
What is a bench trial
Failure to act when there is a legal duty to act
What is criminal omission
The general intent to commit the actus reus of a crime plus the intent to cause a criminally harmful result
What is specific intent
Purposely, knowingly, recklessly, negligently
What is the Model Penal Code (MPC)
punishable by death or confinement no less than one (1) year
What is a felony
laws that are supposed to make sure that offender who are convicted of a third felony get locked up for a very long time
What is three-strikes-and-your're-out laws
Items you possess but you don't know what they are
What is mere possession
Intent to commit the criminal act
What is general intent
The "state of mind" the mental element in crime
What is mens rea