Crim Terms

Question 1

General Detterence

Answer 1

Criminal punishments deter other people from committing that act

Question 2

specific deterrence

Answer 2

criminal punishment deters the actor from committing that act again

Question 3

Incapacitation

Answer 3

Incarceration keeps people from committing crimes

Question 4

rehabilitation

Answer 4

people can be “cured” of their criminal tendencies

Question 5

retribution

Answer 5

just deserts and vengeance justify criminal punishment

Question 6

expression of community values

Answer 6

criminal punishment educates people about what is wrong

Question 7

actus reus

Answer 7

the physical component of the crime

Question 8

voluntary act

Answer 8

is an act that is only voluntary if it is a product of a person’s free will, manifested by a corresponding, external body movement

Question 9

involuntary act

Answer 9

is an act that is only involuntary if it is NOT a product of a person’s free will, manifested by a corresponding, external body movement

Question 10

Omissions

Answer 10

when accused person had failed to act, he or she has not committed a criminal act and ordinarily cannot be convicted of a crime based upon that failure

Question 11

What are the ways a person does have legal duty to act - and hence can be convicted for a failure to act?

Answer 11

Where a statute imposes such a duty
Where a close “status relationship” exists
Where a contractual obligation exists
where a person takes the initiative and performs an act
where the act has created the peril that confronts the victim

Question 12

A person cannot be convicted for failing to act even though he or she has a duty to act IF

Answer 12

he or she is unaware of the need to act

or does not have the physical capacity

Question 13

Mens rea

Answer 13

the “guilty” mind and/or the traditional name for mental state requirement

Question 14

MPC four levels of intentionality to be used as mens rea tests

Answer 14

Purpose
Knowledge
Recklessness
Negligence

Question 15

Mens rea - MPC - Purpose

Answer 15

Accused’s “conscious object” was to commit criminal act charged

Question 16

Mens rea - MPC - Knowledge

Answer 16

Accused was aware that nature of conduct was like that charged or was “practically certain” that it would cause criminal result

Question 17

Mens rea - MPC - recklessness

Answer 17

accused “consciously” disregarded substantial and unjustifiable risk of committing or causing criminal act which was “gross deviation” from what reasonable person would do

Question 18

Mens rea - MPC - negligence

Answer 18

Accused “should” have been aware of substantial and unjustifiable risk of committing or causing criminal act which was “gross deviation” from what reasonable person would do

Question 19

Recklessness v. Negligence - MPC -Mens rea

Answer 19

Recklessness, accused has to actually be aware of risk of criminal conduct, while for negligence, accused merely should have been aware

Question 20

general intent

Answer 20

when conviction requires only proof of intent to commit act that causes the harm

Question 21

specific intent

Answer 21

when proof is required of an additional intent beyond committing act that causes the harm

Question 22

sufficiency

Answer 22

intoxication or drugged condition must be so extreme that accused did not possess prescribed mens rea

Question 23

causation

Answer 23

actual (but for) causation + legal causation

Question 24

actual (but for) causation

Answer 24

But for the accused’s actions, would criminal result have occurred when it did?
multiple actors - more than one person may be actual cause of same criminal result

Question 25

legal causation

Answer 25

test - various names; focus on reasonable foreseeability and intervening or supervening causes that “break the causation chain”

Question 26

legal causation - MPC

Answer 26

was result “too remote or accidental?”

Question 27

common law - murder

Answer 27

killing another human being with “malice aforethought”

Question 28

maliceaforethought

Answer 28

refers to a particularly heinous ill will on the part of the killer. Wickedness of disposition, hardness of heart, wanton conduct…

Question 29

manslaughter

Answer 29

killing another human being without “malice aforethought”

Question 30

Expressed murder

Answer 30

proof of malicious thoughts or activity

Question 31

implied murder

Answer 31

implied from gross recklessness or extreme indifference to value of human life

Question 32

presumption

Answer 32

often presumed where use of deadly weapon on vital part of victims body

Question 33

2 elements of homicide crimes

Answer 33

killing act causing death of human being and specific mens rea

Question 34

first degree murder

Answer 34

need premeditation and deliberation

- this is the actual prior thought and reflection

Question 35

Second degree

Answer 35

malice without premeditation and deliberation