C. Law Ch. 3

Question 1

Criminal Liability

Answer 1

“conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests”

Question 2

Elements of a Crime

Answer 2

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)

Question 3

Actus Reus

Answer 3

the requirement that all crimes have to include a voluntary criminal act, which is the physical element and the first principle of criminal liability

Question 4

Mens Rea

Answer 4

criminal intent, the mental element in a crime

Question 5

Conduct Crimes

Answer 5

requiring a criminal act triggered by criminal intent

Question 6

Criminal Acts

Answer 6

voluntary bodily movements

Question 7

Concurrence

Answer 7

the principle of criminal liability that requires that a criminal intent has to trigger the criminal act

Question 8

Attendant Circumstances Element

Answer 8

a “circumstance” connected to an act, an intent, and/or a bad result

Question 9

Result Crimes

Answer 9

crimes that include five elements: 1) a voluntary act. 2) the mental element. 3) Circumstantial elements. 4) Causation, and 5) criminal harm

Question 10

Manifest Criminality

Answer 10

the requirement that mental attitudes have to turn into deeds for a “crime” to be committed

Question 11

One-Voluntary-Act-is-enough Rule

Answer 11

conduct that includes a voluntary act satisfies the voluntary act requirement

Question 12

Automatism

Answer 12

unconscious bodily movements

Question 13

Fault-based defenses

Answer 13

defenses based on creating a reasonable doubt about the prosecution;s proof of a voluntary act

Question 14

Affirmative Defenses of Excuse

Answer 14

defenses of excuse for criminal liability, which take place after the prosecution has proved the defendant’s criminal conduct

Question 15

Status

Answer 15

the character or condition of a person or thing

Question 16

Criminal Omission

Answer 16

the failure to act when there’s a legal duty to act

Question 17

Failure to Report

Answer 17

not reporting something the law requires you to report

Question 18

Failure to Intervene

Answer 18

not actively preventing or interrupting injuries and death to persons or damage and destruction of property

Question 19

Legal Duty

Answer 19

a duty created by a statute, contract, or special relationship, and enforceable by law

Question 20

“Good Samaritan” Doctrine

Answer 20

imposes a legal duty to help or call for help for imperiled strangers

Question 21

American Bystander Rule

Answer 21

there’s no legal duty to rescue or summon help for someone who’s in danger, even if the bystander risks nothing by helping

Question 22

Legal Fiction

Answer 22

pretending something is a fact when it’s not, if there’s a “good” reason for the pretense

Question 23

Actual Possession

Answer 23

physical control of banned items on my person, for example, marijuana in my pocket

Question 24

Constructive Possession

Answer 24

banned items not on my person but in places I control, for example, my car or apartment. Must prove knowledge, dominion, and control

Question 25

Knowing Possession

Answer 25

items possessors are aware is either on their person or in places they control

Question 26

Mere Possession

Answer 26

items you possess but you don’t know what they are