Definitions
This can be described as a Guilty Mind
What is Mens Rea?
Intent is associated with this element of a crime
What is Mens Rea?
A basic traffic ticket is this level of offense
What is an Infraction?
Factors that favor a lesser sentence.
What is a Mitigating Factor?
This refers to the relationship between the defendant’s actions and the resulting harm. It’s divided into two parts (Factual & Legal)
What is Causation?
This can be described as a Guilt Act
What is Actus Reus?
This type of intent can be described as when a person had a specific goal to commit the crime and acted with that intention (Robbing a Bank)
What is Purposeful Intent?
More serious than an infraction but less than a felony. Punishable by up to a year in jail
What is a Misdemeanor?
Vulnerability of the victim (e.g., child or elderly)
What is an Aggravating Factor?
Criminal law involves the government prosecuting an individual for a crime. The Burden of Proof is this
What is Beyond a Reasonable Doubt?
This term describes when a guilty mind and a guilty act happen at the same time
What is Concurrence?
This type of intent can be described as when a person knows their actions are likely to result in a crime, even if the crime is not their main goal. (DWI)
What is Knowledgeable Intent?
The most serious crime, punishable by more than a year in jail.
What is a Felony?
Lack of criminal history
What is a Mitigating Factor?
This can be described as "But for" the defendant's actions, the harm would not have occurred
What is Factual Causation?
This element of a crime can be described as a defendant’s actions led to the harm
What is Causation?
This type of intent can be described as when a person consciously disregards a substantial risk that their actions could cause harm (speeding through a neighborhood)
What is Reckless Intent?
Acts that are criminal because there is a law stating it is prohibited
What is Mala Prohibita?
Factors that favor a more severe penalty
What is an Aggravating Factor?
Civil Law involves private disputes, usually over money. The Burden of Proof is this "more likely than not"
What is Preponderance of Evidence?
This is a public wrong (activity/action) defined by law as illegal.
What is a Crime?
This type of intent can be described as when a person fails to act with reasonable care, causing harm unintentionally. (Texting and Driving)
What is Negligence
Acts that are inherently wrong “Evil/Bad in itself”
Mala In Se
Mental illness
What is a Mitigating Factor
The harm must be a "foreseeable" result of the defendant’s actions is this type of causation
What is Legal Causation?