Chapter 5 Terms

Question 1

there must be a connection between an act and the resulting prohibited harm

Answer 1

causation

Question 2

the defendant must be shown to be the “but for” cause of the harm or injury

Answer 2

cause in fact

Question 3

evidence that indirectly establishes that the defendant possessed a criminal intent or committed a criminal act

Answer 3

circumstantial evidence

Question 4

a defendant’s criminal act results in the victim being at a particular time and being impacted by an independent intervening act. The defendant is responsible for foreseeable coincidental intervening acts

Answer 4

coincidental intervening act

Question 5

a criminal intent must trigger and coincide with a criminal act

Answer 5

concurrence

Question 6

individuals who act in a gross and wantonly reckless fashion are considered to intend the natural consequences of their actions and are guilty of willful and intentional battery or homicide

Answer 6

constructive intent

Question 7

the intent to achieve a specific result

Answer 7

crimes of cause and result

Question 8

an intent to commit an actus reus

Answer 8

general intent

Question 9

a cause that occurs between the defendant’s criminal act and a social harm

Answer 9

intervening cause

Question 10

awareness that conduct is practically certain to cause a result

Answer 10

knowingly

Question 11

the mental element of a crime

Answer 11

mens rea

Question 12

a failure to be aware of a substantial and unjustifiable risk that constitutes a gross deviation from the standard of care that a reasonable person would observe in the actor’s situation

Answer 12

negligently

Question 13

the legally responsible cause of a criminal harm; may involve policy considerations

Answer 13

proximate cause

Question 14

regulatory offenses carrying fines that typically do not require a criminal intent

Answer 14

public welfare offense

Question 15

a conscious intent to cause a particular result

Answer 15

purposely

Question 16

conscious disregard of a substantial and unjustifiable risk that constitutes a gross deviation from the standard of conduct that law abiding person would observe in the defendant’s situation

Answer 16

recklessly

Question 17

a defendant’s criminal act leads to an act undertaken by the victim in reaction to the threat. An unforeseeable and abnormal responsive act limits the defendant’s criminal liability

Answer 17

responsive intervening act

Question 18

guilty knowledge

Answer 18

scienter

Question 19

a mental determination to accomplish a specific result

Answer 19

specific intent

Question 20

a crime that does not require a criminal intent

Answer 20

strict liability

Question 21

what occurs when the intent to harm one individual is transferred to another

Answer 21

transferred intent

Question 22

knowledge is imputed to individuals who consciously avoid awareness in order to avoid criminal responsibility

Answer 22

willful blindless

Question 23

common law requirement, being abandoned by many states, that limits liability for homicide to a year and a day

Answer 23

year-and-a-day rule