General
The highest judgment a court has
What is beyond a reasonable doubt?
A volitional act
What is a willed act and product of conscious choice?
Synonym for mens rea
Formula for causation
Definition of of homicide
What's an unlawful killing of a human by another human being?
What is burden of persuasion?
Burden of proof
Yes, because it is a willed movement even if not remembered
Common Law mental states
What is intentionally, maliciously, wantonly, recklessly, and malignantly?
Tests for actual causation
What is the "but for" and substantial factor tests?
Definition of murder under common law
What is the killing of human being with malice aforethought and causation?
The sources of Criminal Law
What is common law, statutes, and model penal code?
Acts which are not volitional
What is reflex/convulsion, act done in sleep/unconciousness, act during hypnosis, and a movement that is not the product of the effort of the actor?
Mental states under MPC
What is purposely, knowledge, recklessness, and negligently?
Definition of intervening forces
Definition voluntary manslaughter
Why we punish
What is deterrence, rehabilitation, incapacitation, and retribution?
Omission to act is criminal when:
What is duty to act imposed or obligation under law?
Difference between negligence and recklessness
Reason for proximate cause
What is a doctrine to limit defendant's responsibility for the causation of a crime?
Definition of involuntary manslaughter
What is a killing of human being during the commission of crime that is insufficient for the felony murder doctrine, or if the defendant acted recklessly or negligently?
Elements of criminal conduct
What is actus reus, mens rea, concurrence, causation, harm and penalty?
Failure to act may be criminal in these situations:
What is
1. Status Relationships
2. Statutory Duties
3. Contractual Duties
4. Duties Voluntarily Assumed
5. Peril, putting someone in immediate danger
Factors of Recklessness
What is
1. the nature and degree of the risk disregarded by the actor
2. the nature and purpose of conduct
3. the circumstances known to him in acting?
Satisfaction of Proximate Cause
What is the defendant's conduct is the direct cause of harm and there are no intervening forces?
Definition of negligent homicide
What is a killing of a human being that was committed negligently?