Chapter 3 Review Flashcards
Crime:
An Act or Omission that the Law makes punishable generally by a fine penalty forfeiture or confinement.
TORT:
A wrongful act that results in injury and leaves the injured party entitled to compensation.
FELONIES:
- Serious crime
- Punishable by more than a year and imprisonment or death
- Sentence usually serves in prison
Examples:
homicide rape robbery possession or distribution of illegal narcotics, arson
MISTAMINORS:
- Less serious than felonies
- Punishable by fines, penalties, or incarceration last than one year
- Sentence is usually served in local or County jails or alternative program
Example:
shoplifting, disorderly conduct
PETTY OFFENSES:
- Insignificant crimes involving minor misconduct
- Punishable by fines and community service
Examples:
traffic violations and other infractions
Omissions:
Are illegally viewed as actions that can lead to criminal liability, usually in one of two situations
Examples:
Including failure to register for the draft or failure to file an income tax return or child neglect
Possessory offenses:
which criminalize the possession of certain items or substances.
Motive:
The emotion that prompts a person to act. It is not an element of a crime that is required to provide criminal liability, but it is often shown in order to identify the perpetrator of a crime or explain his or hers reason for acting.
Specific intent:
The intention to commit an act for the purpose of doing something additional future act, to achieve some future consequences, or with the awareness of a situation attendant circumstances.
General intent:
The intent only to do the Actus Reus of the crime, without any of the elements of specific Intent.
Transferred intent:
A doctrine that holds a person criminally liable even when the consequences of his or her actions is not what the act attended.
Strict liability:
When a person can be convicted of a crime without having any requisites mental state our intentions to commit the crime.
Purposely with respect to results of conduct:
When the actor has a voluntary wish to act in a certain way or produce a certain result.
Purposely with respect to attendant circumstances:
When the actor is aware of conditions that will make the intended crime possible or believes or hopes that they exist.
Knowingly caused a result:
Commits an act in the awareness that one’s conduct will almost certainly cause this result.
Knowingly with respect to conduct an attendant circumstance:
Aware that one’s actions are criminal, or that attendant circumstances make an otherwise legal act a criminal one.
Recklessly:
Acting in a manner that voluntarily ignores a substantial and unjustified risk that a certain circumstance exists or will result from one’s actions.
Negligently:
Acting in a manner that ignores a substantial an unjustified the risk of which one should have been aware.
Cause-in-effect:
The cause of the social harm in a criminal act, as determined by the But-for test
But-for test:
The test that asks whether the results would have a curd if the defendant had not acted.
Proximate cause:
that causes, from among all of the causes and effect that may exist that is the legal cause of the social harm.
Interviewing cause:
A cause, other than the defendants conduct that contributes to the social harm.
consequences of elements:
requirement for criminal liability that accused performed a voluntary act accompanied by the required mental state that actually and proximately caused the prohibited social harm.
