The Basics
More Basics
The road to Hades
Deeeefense!
Excuses, excuses...
100
This is “conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests”
What is criminal liability?
100
These are 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 are the elements of a crime?
100
This is the idea that we can only punish people that we can blame.
What is culpability or blameworthiness?
100
This general type of defense requires the offender to admit committing the crime.
What is an affirmative defense?
100
This test is used in insanity defense to determine the defendant’s capacity to either know right from wrong
What is the right-wrong test or M'Naughtan rule?
200
These are crimes punishable by death or confinement in the state’s prison for one year to life without parole .
What is a felony?
200
The criminal act or the physical element in criminal liability
What is actus reus?
200
A form of liability that requires neither subjective nor objective fault
What is strict liability?
200
This defense is described as, "I did it, but can you blame me"
What is a justification defense?
200
This is the excuse of being forced to commit a crime .
What is duress?
300
These are offenses punishable by fine and/or confinement in the local jail for up to one year
What is a misdemeanor?
300
This is the “state of mind” the prosecution has to prove beyond a reasonable doubt.
What is mens rea?
300
This is intent to commit the actus reus—the act required in the definition of the crime
What is general intent?
300
This defense claims that the act was wrong, but I'm not responsible, such as insanity
What is a justification defense?
300
This defense asserts that government actions induced individuals to commit crimes that they otherwise wouldn’t commit
What is entrapment?
400
This concept states that the law is above everyone and it applies to everyone
What is the rule of law?
400
This is a “circumstance” connected to an act, an intent, and/or a result required to make an act criminal
What are attendant circumstances?
400
This form of intent is consciously acting or causing a result
What is "knowingly"?
400
This justification defense says if mentally competent adults want to be crime victims, no paternalistic government should get in their way
What is a consent defense?
400
This is a novel defense of excuse based on symptoms of conditions, i.e. PTSD, PMS .
What are syndrome defenses?
500
This is the principle that statutes violate due process if they don’t clearly define crime and punishment in advance.
What is the void for vagueness doctrine?
500
This is legal possession or custody of an item or substance .
What is constructive possession?
500
This form of intent is the unconscious creation of substantial and unjustifiable risks
What is "recklessly"?
500
This rule states that you have to back off, but only if you reasonably believe that backing off won’t unreasonably put you in danger of death or serious bodily harm
What is the retreat rule ?
500
This is an excuse to criminal liability in all states; it includes cases in which defendants don’t know they’re taking intoxicants or know but are forced to take them.
What is involuntary intoxication?