Elements of Crime
The set of facts that must be proven beyond a reasonable doubt in order to prove a crime has been committed.
What is an element of a crime.
This is the main person who commits a crime.
What is the principle.
The forcible taking of someone's property by violence of threat of violence.
Someone can use deadly force in self-defense is the attacker is about to _____ them or inflict _____ harm.
This is the burden of proof in a criminal case.
What is beyond a reasonable doubt?
This means the guilty act, there must have been a criminal action that takes place
What is the Actus Reus
This is a crime where an individual is the victim and typically involves physical harm
What is a crime against the person
This is the crime of stealing livestock
What is cattle rustling?
A crime is committed without intention - for example accidently taking the wrong phone from the phone hotel.
What is mistake of fact?
This is a crime because you failed to act or did not do something.
What is a crime of omission?
This means the guilty mind, there must be intention.
What is Mens Rea
This person assists with a crime after it happens
This crime is the pushing or shoving that happens before a fight.
What is assault?
This is the defense where the person claims that law enforcement induced them to commit a crime.
What is entrapment?
A killing that is planned beforehand.
What is 1st degree murder.
For this to occur there must be a criminal act and a person who committed the act with criminal intention.
What is the Corpus Delicti?
This is someone who helps the main person commit a crime.
An accomplice.
This crime is when someone threatens another person with the intent to get money from it.
Under this rule, the defendant must prove they did not know what they were doing was wrong or they did not know what they were doing
What is the M'Naghten rule?
Crime that is causing a death through criminal negligence - or failing to exercise a reasonable amount of care in a situation
What is negligent homicide?
This is a law in Massachusetts that require you to help someone if safe to do so or call 911 to help. You are protected from legal liability under this law.
What is the Good Samaritan law?
This is the less serious category of crime, where the punishment is lighter.
What is a misdemeanor?
A killing that would have been seen as a murder, except the victim did something to the killer that would make a reasonable person lose self-control.
What is voluntary manslaughter?
The person had to commit one crime to prevent a greater evil
What is the necessity defense?
A crime betraying your country or trying to overthrow your government
What is treason