CH. 4 glossary
The reason why a defendant commits a crime
what is motive
the criminal act or the physical element in criminal liability
what is actus reus
punishment considered no longer acceptable
what is barbaric punishment
private wrongs for which you can sue the party who wronged you and recover money
what is tort
the prosecution has the burden of proof when it comes to proving the criminal act and intent
what is presumption of innocence
liability that requires neither subjective nor objective fault
what is strict liability
the voluntary bodily movements of the crime
what is criminal acts
the law passed after the occurrence of the conduct constituting the crime
crimes originating in the English common law
what is common-law crimes
a defense where the mistake prevents the formation of any fault-based mental attitude, namely purpose, knowledge, recklessness or negligence
what is defense of excuse
the conscious creation of substantial and unjustifiable risks
what is recklessness
the criminal act triggered by a mens rea
what is criminal conduct
trial without a jury
what is bench trial
the numbers of prisoners per 100,000 people in the general population
what is rates of punishment
the government proved its case beyond a reasonable doubt
what is guilty verdict
intent to commit actus reus- the act required in the definition of the crime
what is general intent
one type of omission actus reus
what is failure to intervene
a principle of law stating that the punishment must be proportional to the crime
what is principle of proportionality
serious crimes that are generally punishable by one year or more in prison
what is felony
Latin ( body of the crime)
what is corpus delicti
"a cause which, in natural and continuous sequence, produces the death, and without which the death would not have occurred."
what is proximate cause of death
liablility only for duties imposed by contract, statute, or special relationships
what is legal duty
actions that communicate ideas and feelings
what is expressive conduct
restrains convicted offenders from committing further crimes
what is incpacitation
sentencing scheme which fixes or determines sentence length according to the seriousness of the crime
what is fixed sentencing