Elements of Crime
This term refers to the physical act or conduct that constitutes a criminal offense.
What is actus reus?
In a criminal trial, the burden of proof lies with this party to prove the defendant's guilt.
What is the prosecution?
This defense argues that the defendant's actions were necessary to prevent greater harm.
What is necessity?
This amendment protects citizens against unreasonable searches and seizures.
What is the 4th Amendment?
In civil law, this term describes the authority of a court to hear a case based on the geographical area or type of case.
What is jurisdiction?
The mental state or intent that a person must have to be held criminally responsible for their actions is known as what?
What is mens rea?
This standard of proof means that the evidence must show that something is more likely true than not.
What is preponderance of evidence?
This justification defense is often used when someone claims to have acted to protect themselves from imminent harm.
What is self-defense?
This amendment guarantees the right to a speedy and public trial.
What is the 6th Amendment?
A police officer conducts a search without probable cause during a routine traffic stop. What legal precedent suggests that any evidence found during this search could be inadmissible in court?
What is Terry v. Ohio?
This element of crime involves the requirement that the defendant's conduct must have led to the harmful result.
What is causation?
In civil cases, this standard is lower than "beyond a reasonable doubt" but requires clear evidence.
What is clear and convincing evidence?
A defendant claiming this type of excuse argues that they were not in control of their actions due to mental illness.
What is insanity?
Under this amendment, individuals cannot be deprived of life, liberty, or property without due process of law.
What is the 14th Amendment?
This legal principle means that previous court decisions should guide future cases.
What is stare decisis?
This term refers to the requirement that the act and the intent must occur simultaneously for a crime to be established.
What is concurrence?
The burden of proof can be shifted to the defense in this type of case, where the defendant must prove certain defenses.
What is an insanity defense?
In some cases, this defense argues that a person was coerced into committing a crime under threat of harm.
What is duress?
This legal standard allows courts to determine whether a law is unconstitutional based on whether it infringes on a fundamental right or creates a suspect classification.
What is strict scrutiny?
A man breaks into a home, steals valuable electronics, and leaves without being detected. What type of crime has he committed?
What is burglary?
In this context, the failure to act, when there is a legal duty to act, can lead to criminal liability for this element of crime.
What is omission?
In a criminal trial, if the defense introduces evidence to suggest an alternative explanation for the evidence presented by the prosecution, this can shift the burden of proof in what way?
What is the burden of production?
In this defense, a defendant may argue that they believed their actions were legal based on their understanding of the law and misinterpretation of their role in the crime?
ie: They thought what they were doing was legal
What is mistake of law/fact?
This term refers to the constitutional principle that allows individuals to challenge the government's use of their property without just compensation, as protected under the Fifth Amendment.
What is eminent domain?
An individual conspires with others to rob a bank but is arrested before the robbery takes place. What type of crime have they committed?
What is conspiracy to commit robbery?