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

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

Question 3

actus reus

Answer 3

(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

Question 4

mens rea

Answer 4

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

criminal conduct

Answer 7

a criminal act triggered by criminal intent (mens rea)

Question 8

criminal liability

Answer 8

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

Question 9

concurrence

Answer 9

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

Question 10

attendant circumstances element

Answer 10

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

Question 11

bad result crimes

Answer 11

(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

Question 12

criminal homicide

Answer 12

conduct that causes another person’s death

Question 13

corpus delicti

Answer 13

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

Question 14

manifest criminality

Answer 14

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

Question 15

one-voluntary-act-is-enough rule

Answer 15

conduct that includes a voluntary act satisfies the voluntary act requirement

Question 16

automatism

Answer 16

unconscious bodily movements

Question 17

fault-based defenses

Answer 17

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

Question 18

status

Answer 18

the character or condition of a person or thing

Question 19

criminal omissions

Answer 19

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

Question 20

failure to report

Answer 20

not providing information when you’re legally required to

Question 21

failure to intervene

Answer 21

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

Question 22

legal duty

Answer 22

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

Question 23

moral duties

Answer 23

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

Question 24

“Good Samaritan” doctrine

Answer 24

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

Question 25

American Bystander Rule

Answer 25

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 26

legal fiction

Answer 26

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

Question 27

actual possession

Answer 27

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

Question 28

constructive possession

Answer 28

banned items not on my person but in places I control, for example, in my car or apartment

Question 29

knowing possession

Answer 29

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

Question 30

mere possession

Answer 30

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