Basics Flashcards
Define the term “Rule of law.”
No one is above the law (except the president of the U.S.).
Define principle of legality.
A legal ideal that requires all law to be clear, ascertainable, and non-retrospective.
What is retribution?
“Eye for an eye” (Exodus 27).
What is deterrence?
Punishing someone for a crime so they won’t commit it again.
What is incapacitation?
Preventing criminals from committing crimes in the future.
What is rehabilitation?
Adding skill sets to build someone to be better than they were when they come in.
What is Actus Reus?
Physical acts that make up elements of the crime (act, verb).
What is Mens Rea?
A state of mind to commit a crime (intent, guilty mind for short).
What is the criminal law definition of “causation?”
Act causes harm; if it doesn’t cause harm, it’s not illegal.
What is concurrence?
Act and intention happen at the same time.
What is a statute?
Codified laws.
What is a case brief?
Laws created by cases.
What are the 4 levels of Mens Rea?
- Purpose
- Knowing
- Recklessness
- Negligence
Are all harm crimes?
No, they’re not.