Chapter 1 (Intro and basics)
Private party brings lawsuit in _____________case; state accuses party and initiates charges in ______________ case
civil; criminal
Facts surrounding a crime that are considered to be a part of that crime and that must be proved, along with elements of the crime.
Attendant Circumstances
Crimes that are anticipatory, imperfect, incipient, or uncompleted
inchoate crimes
The introduction by the defense attorney of new factual allegations that, if true, constitute a complete or partial defense to the crime charged
Affirmative Defense
T/F - the state must prove a motive beyond a reasonable doubt in a criminal law case
False
Serious acts most consider to be criminal
Mala in se
Consciously intended to engage in a criminal act or bring about a particular result
Purposefully
Agreeing with another to join together for the purpose of committing an unlawful act or agreeing to use unlawful means to commit an act that would otherwise be lawful
conspiracy
Standard of proof typically required for the defense
preponderance of the evidence
In criminal law, a type of defense based on a condition in which an individual is coerced or induced by the wrongful act of another to commit a criminal act.
duress
Name one source of law
Potential answers: statutes; constitutions; judicial decisions; administrative regulations
“but for” the offender’s conduct, would the victim have been harmed?
Factual cause
The asking, inciting, ordering, urgently requesting, or enticing of another person to commit a crime
solicitation
Insanity test also known as the right versus wrong rule; states the defendant
1.Did not know nature and quality of act committed
2.Did not know act was wrong
M'Naghten Rule
Law that defines the elements of crimes and the punishments legally available for those acts
Substantive Law
_______________deterrence strives to discourage criminality by other people by intimidating them with the punishment of an offender.
General
A legal concept that holds defendants responsible for wrongful acts even when they are not guilty of negligence, fault, or bad faith.
Strict Liability
Level of intent required for attempt crimes
specific intent
Refers to act that, though criminal in other circumstances, may not be considered criminal because of compelling force of circumstances
Necessity
_______ is an accessory who incites or abets but is not present actually or constructively when crime is committed
accessory before the fact
Judicial review developed via case of ______________________
Marbury v. Madison
Four elements of a crime:
Criminal act (Actus reus); criminal intent (mens rea, guilty mind); concurrence; causation
Person who shares in the guilt, even though they did not engage in the crime
Accomplice
Doctrine within self-defense that excludes the duty to retreat when inside one's home
castle doctrine
The state must prove all elements of a crime according to what standard of proof?
Beyond a reasonable doubt