Mens Rea
A mental state in which someone is not aware of a substantial and unjustifiable risk
AND
A reasonable person would have been aware of the risk
What is negligence?
The part of a judicial decision in which the court states its ruling in the case.
What is the holding?
This term, which is an old-fashioned phrase meaning ill-will, is an element of common law murder.
What is malice aforethought?
These acts are considered "inherently evil"
This type of crime, which consists of "being" a certain condition such as a drug addict, has repeatedly been found unconstitutional by the Supreme Court.
What is a status offense?
A mental state in which a person's actions are intention or deliberate and done with a conscious objective to cause a result
What is purposefully?
The part of a decision in which one or more justices disagree with the outcome of the case and explain their reasoning.
What is a dissent?
This type of criminal homicide involves a killing in the heat of passion in response to adequate provocation without any cooling off period.
What is voluntary manslaughter?
This body of judge-made law developed over time in England beginning in about 1300 and still influences American law today.
What is common law?
This term refers to "a failure to act."
What is an omission?
A crime that doesn't require a mens rea
What is strict liability?
The part of a case that identifies where the case can be found.
What is the case citation?
This type of murder requires premeditation and deliberation.
What is first-degree murder?
This advisory document created by a panel of lawyers, judges and scholars provides a template of criminal law that states may choose whether to reference.
What is the Model Penal Code?
This is a "preparatory offense" that involves knowledge of an object's presence, control over an object and knowledge of the character of an object.
What is possession?
A mental state in which a person is aware that his or her conduct is likely to bring about a result (even though that result is not the goal of the action)
What is knowingly?
When a judge agrees with the outcome of the case but writes separately to explain her reasoning.
What is a concurrence?
What is involuntary manslaughter
Unlike criminal law, this branch of law protects individual interests, rather than the public.
What is civil law?
According to this rule, a person does not typically have an affirmative duty to intervene to stop a harm.
The American Bystander Rule
This mental state exists when:
A person consciously disregards a substantial and unjustifiable risk
AND
This is a gross deviation from the standard of conduct of a law-abiding person in his or her situation
What is recklessly?
If a case name contains the names of two people or organizations (e.g. roe v. wade) and neither one is part of the government, you are likely looking at this type of case.
What is a civil case?
What is felony murder?
These are crimes that are punished by a maximum of less than a year in prison.
What are misdemeanors?
This part of actus reus is defined as "a bodily movement that is a product of conscious choice"
What is a voluntary act?