C. Law Ch. 4

Question 1

Culpability of Blameworthiness

Answer 1

the idea that it’s fair and just to punish only people we can blame

Question 2

Cause in Fact (But for,)

Answer 2

the objective determination that the defendant’s act triggered a chain of events that ended as the harmful result, such as the death on a homicide

Question 3

Legal Cause

Answer 3

the subjective judgment that it’s fair and just to blame the defendant for the bad result

Question 4

Mens Rea

Answer 4

guilty mind, the mental element, criminal intent

Question 5

Motive

Answer 5

something that causes a person to act

Question 6

Subjective Fault

Answer 6

fault that requires a “bad mind” in the actor

Question 7

Objective Fault

Answer 7

requires no purposeful or conscious bad mind in the actor

Question 8

Strict Liability

Answer 8

liability without either subjective or objective fault

Question 9

General Intent

Answer 9

the intent to commit the criminal act as defined in a statute

Question 10

Specific Intent

Answer 10

subjective fault; refers to criminal intent in addition to the criminal act

Question 11

General Intent “plus”

Answer 11

first part refers to the intent to commit the actus reas of the crime, and the second part refers to some “special mental element” in addition to the intent to commit the criminal act

Question 12

Purposely

Answer 12

the mental attitude that a person acts on purpose with respect to a material element of an offense when, if the element involves the nature of his conduct or a result thereof, it is his conscious object to engage in conduct of that nature or to cause such a result

Question 13

Knowingly

Answer 13

the mental attitude that a person acts knowingly with respect to a material element of an offense when: 1) if the element involves the nature of his conduct or the attendant circumstances, he is aware that his conduct is of that nature or that such circumstances exist, and 2) if the element involves a result of his conduct, he is aware that it is practically certain that his conduct will cause such a result

Question 14

Recklessly

Answer 14

the mental attitude that a person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree, that considering the nature and purpose of the actor’s conduct and the circumstances known to him, its disregard involves a gross standard of conduct that a law-abiding person would observe in the actor’s situation

Question 15

Negligently

Answer 15

the mental attitude that a person acts negligently with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that the actor’s failure to perceive it, considering the nature and purpose of his conduct and the circumstances known to him, involves a gross deviation form the standard of care that a reasonable person would observe in the actor’s situation

Question 16

Principle of Concurrence

Answer 16

some mental fault has to trigger the criminal act in conduct crimes and the cause in result crimes

Question 17

Causation

Answer 17

holding an actor criminally accountable for the results of her conduct

Question 18

Factual Cause

Answer 18

also called, “but for” cause or “cause in fact”; if it weren’t for an actor’s conduct, the result wouldn’t have occurred

Question 19

Legal (proximate) cause

Answer 19

a subjective question that asks, “Is it fair to blame the defendant for the harm triggered by a chain of events her action(s) set in motion?”

Question 20

Intervening Cause

Answer 20

an even that comes between the initial act in a sequence and the end result

Question 21

Superseding Cause

Answer 21

an intervening act or force that the law considers sufficient to override the cause for which the original wrongdoer as responsible

Question 22

Mistake

Answer 22

a defense to criminal liability whenever the mistake prevents the formation of any fault-based mental attitude–namely: purposely, knowingly, recklessly, or negligently

Question 23

Failure-of-Proof Defense

Answer 23

mistake defenses in which defendants usually present enough evidence to raise a reasonable doubt that the prosecution has proved the mens rea required for criminal liability