CH 7 Flashcards
Scienter
An element of a crime that requires special knowledge or awareness
Mens rea
Literally the guilty mind the wrongful purpose that is an element of a crime
Direct causation
The causing or bringing about of an effect without the interference of an intervening variable or factor
Proximate causation
The theory that the injury sustained by the plaintiff and the defendants action were so closely connected that the defendants act caused the injury and there were no intervening causes
Principals
In criminal law a chief actor who participates in the crime or who recruits an innocent Agent to participate
Accessories
A person who contributes to or aids in the commission of a crime
And accessory after the fact
A person who receives relieves comforts or assist another in knowing that he or she has committed a felony
Exclusionary rule
A judicially created rule which holds that evidence obtained through violations of the constitutional rights of the criminal defendant must be excluded from the trial
Probation
Punishment for a crime that allows the offender to remain in the community without incarceration but subject to certain court establish conditions
Suspended sentence
Punishment for a crime in which either the determination of guilt or the sentence is held in abeyance for good behavior and probable completion of certain court imposing obligations
Parole
Punishment for a crime that involves released from incarceration on the condition of good behavior
Mandatory release
Automatic release from prison when the calendar time and good time served equal the maximum time for which the inmate was sentenced
Determinate sentence
A sentence structure in which a flat or straight sentence is imposed generally without possibility of parole
