Key terms
What is the definition of mistake of facts?
a defense to criminal liability whenever the mistake prevents the formation of any fault-based mental attitude—namely, purposely, knowingly, recklessly, or negligently
What is the void of vagueness?
if it forbids conduct and prescribes punishments in terms so uncertain that ordinary people have to guess at their meaning before they choose a course of action. (Lanzetta v. New Jersey 1939, 453)
What is affirmative defenses
which operate like this: Defendants have to “start matters off by putting in some evidence in support” of their justification or excuse.
What is criminal liability?
“conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests”
What is causation?
holding an actor criminally accountable for the results of her conduct
what are the elements of Proving Criminal Conduct?
burden of proof and presumption of innocence,
What is perfect defense?
which means that, if they’re successful, defendants are acquitted. There’s one major exception to this rule. Defendants who successfully plead the excuse of insanity don’t “walk”—at least not right away.
What is criminal omissions ?
satisfy the voluntary act requirement, but only when there’s a legal duty to the person in danger of harm.
What is General intent?
the intent to commit the criminal act forbidden by statut
what is Proof in Justification and Excuse Defenses?
affirmative defenses, burden of production, and preponderance of the evidence
What is justification defenses
defendants admit they were responsible for their acts but claim that, under the circumstances, what they did was right (justified)
What are the kind of criminal omission?
failure to report, and failure to intervene
What is culpability or blameworthiness?
the idea that it’s fair and just to punish only people we can blame
What bans under the US constitution does the Bill of Rights ban?
One is the ban on making a crime out of the First Amendment rights to speech, religion, and associations; another is the Second Amendment right to bear arms; and the third is the right to privacy,
What is choice-of-evils defense
also called the general defense of necessity justifies the choice to commit a lesser crime to avoid the harm of a greater crime
What some kinds of Possession as a Criminal Act?
Actual possession, Constructive possession, Knowing possession and mere possession
What is Mens rea?
Latin for guilty mind, the mental element (also called “criminal intent,” “evil mind,” “mental attitude,” or “state of mind”) in crime
What is barbaric punishments?
punishments considered no longer acceptable to civilized society
What is BWS?
mental disorder that develops in victims of domestic violence as a result of serious, long-term abuse
What is the elements of a crime?
to convict, the prosecution must prove beyond a reasonable doubt: (1) a criminal act (in all crimes), (2) criminal intent (in some crimes), (3) concurrence (in all crimes), (4) attendant circumstances (in some crimes), and (5) that criminal conduct caused a criminal harm (in bad result crimes only)