chapter 1
what is the definition of criminal liability?
conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests
What does is ex post facto law?
A law passed after the occurrence of the conduct constituting the crime
what is elements of a crime?
the parts of a crime that the prosecution must prove beyond a reasonable doubt, such as actus reus, mens rea, concurrence, causation, and bad result
what is a concurrence
the requirement that a criminal intent has to trigger a criminal act in criminal conduct crimes and that criminal conduct has to cause a bad result in bad result crimes
what is the perfect defenses?
defenses in which defendants are acquitted if they’re successful
What's the difference between a misdemeanors and felonies?
felonies are serious crimes that are generally punishable by one year or more in prison while a misdemeanors is minor crimes for which the penalty is usually less than one year in jail or a fine
what is rule of law?
The law is above everyone and it applies to everyone
what does the latin term mens rea mean?
the “state of mind
what is motive?
the reason why a defendant commits a crime
define curtilage
the area immediately surrounding the home
True or False general part of the criminal law defines the elements of specific crimes
False
True or false a bench trial is a trial without a jury
True
what is actus reus?
the criminal act or the physical element in criminal liability
what is general intent?
intent to commit the actus reus—the act required in the definition of the crime
what is the imperfect defense
when a defendant fails in the full defense but is found guilty of a
lesser offense
what is general deterrence?
aims, by threat of punishment to deter criminal behavior in the general population
Are barbaric punishments still used today in the criminal justice system?
no they are punishment considered no longer acceptable
define corpus delicti
Latin body of the crime. Properly applies to the elements of criminal conduct for example, stealing someone’s property in theft and bad result crimes for example, criminal homicide
what is specific intent?
the attitude represented by subjective fault, where there’s a “bad” mind or will that triggers the act; the intent to do something beyond the actus reus
what is the affirmative defenses
defendants have to “start matters off by putting in some evidence in support” of their justification or excuse defenses
What does the medical model of criminal law say about criminals and crimes?
That crime is a “disease,” and criminals are “sick"
define determinate sentencing
is a sentencing scheme which fixes or determines sentence length according to the seriousness of the crime
define the “Good Samaritan” doctrine
doctrine that imposes a legal duty to render or summon aid for imperiled strangers
define proximate cause of death
a cause which, in natural and continuous sequence, produces the death, and without which the death would not have occurred.
define the stand-your-ground rule
if you didn’t start a fight, you can stand your ground and kill
to defend yourself without retreating from any place you have a right to be