Chapter 3: The Criminal Act: The First Principle of Criminal Liability Flashcards

1
Q

criminal liability

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

elements of a crime

A

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)
5) that criminal conduct caused a criminal harm (in bad result crimes only)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

actus reus

A

(or “evil act”; also referred to as the physical element in crime). the requirement that all crimes have to include a voluntary criminal act, which is the physical element of a crime and the first principle of criminal liability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

mens rea

A

(or “guilty mind”). criminal intent, often referred to as the mental element of a crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

conduct crimes

A

requiring a criminal act triggered by criminal intent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

criminal acts

A

voluntary bodily movements

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

criminal conduct

A

a criminal act triggered by criminal intent (mens rea)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

criminal liability

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

concurrence

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

attendant circumstances element

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

bad result crimes

A

(or simply result crimes). crimes that include all five elements:

1) a voluntary act
2) the mental element
3) circumstantial elements
4) causation
5) a criminal harm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

criminal homicide

A

conduct that causes another person’s death

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

corpus delicti

A

Latin for “body of the crime”; it refers to the body of victims in homicides and to the elements of the crime in other crimes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

manifest criminality

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

one-voluntary-act-is-enough rule

A

conduct that includes a voluntary act satisfies the voluntary act requirement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

automatism

A

unconscious bodily movements

17
Q

fault-based defenses

A

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

18
Q

status

A

the character or condition of a person or thing

19
Q

criminal omissions

A

the failure to act when there is a legal duty to act (failure to report and failure to intervene)

20
Q

failure to report

A

not providing information when you’re legally required to

21
Q

failure to intervene

A

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

22
Q

legal duty

A

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

23
Q

moral duties

A

an obligation or norm created and enforced by society, conscience, and religion that’s not enforceable by law

24
Q

“Good Samaritan” doctrine

A

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

25
American Bystander Rule
there’s no legal duty to rescue or summon help for someone who’s in danger, even if the bystander risks nothing by helping
26
legal fiction
pretending something is a fact when it’s not, if there’s a “good” reason for the pretense
27
actual possession
physical control of banned items on my person, for example, marijuana in my pocket
28
constructive possession
banned items not on my person but in places I control, for example, in my car or apartment
29
knowing possession
items possessors are aware is either on their person or in places they control
30
mere possession
items you possess but you don’t know what they are