chapter one
what do crimes and torts have in common?
both are sets of rules telling us what we can't do and what we must do.
what is the principle of legality?
no one can be convicted of, or punished for, a crime unless the law defined the crime and prescribed the punishment before the person engaged in the behavior that was defined as a crime.
What are the elements of crime?
criminal act, criminal intent, concurrence, attendant circumstances, bad result.
what does proof of state of mind depend on?
indirect evidence.
what are affirmative defenses?
defendants have to "start matters off by putting in some evidence in support of their justification or excuse defences"
What are mala prohibita offenses?
crimes only because a specific statue or ordinance prohibits them. they include minor offenses.
what is the burden of proof?
to have to prove beyond a reasonable doubt "every fact necessary to constitute the crime charged"
what is manifest criminality?
the requirement that mental attidues have to turn into actions for a crime to be committed.
what is general intent?
the intent to commit the criminal act forbidden by statue.
what are the four elements of self defense?
nonagressor, necessity, proprtinality, and reasonable belief.
what is model penal code?
Proposed criminal code drafted by the american law institute used to reform criminal codes.
what 5 categories are not protected by the first ammendment?
obscenity, profanity, libel and slander, fighting words, clear and present danger.
what are criminal omissions?
the failure to act when theres a legal duty to act.
what is specific intent?
applies to only bad result crimes.
what is battered womans syndrome (BWS)
mental disorder that developes in victims of domestic violence as a result of serious, long-term abuse
how many criminal codes are in our federal system?
There are 52, one for each of the 50 states, one for the district of columbia, and one for the U.S. criminal code.
what is the core fo the second ammendment?
"the right of law-abiding responsible citizens to use arms in defense of hearth and home"
what are the two kinds of possession?
actual possession and constructive possession.
what is principle of concurrence?
some mental fault has to trigger the criminal act in conduct crimes and the cause in result crimes.
what does the choice-of-evils defense justify?
the choice to commit lesser crime to avoid the harm of a greater crime.
what are mala in se crimes?
offenses that require some level of criminal intent.
what does the eighth ammendment command?
it commands that cruel and unusal punishment shall not be inflicted.
what is mere possession?
items you possess but you don't know what they are.
what is causation?
holding an actor criminally accountable for the results of her conduct.
what is the defense of consent?
the justification that competent adults voluntary consented to crimes against themselves and knew what they were consenting to.