Criminal Law 1 Flashcards
1
What is Actus Reus
A physical act (or unlawful omission) by the defendant.
EXAMPLE:
A stabs B
2
MEANS REA
A guilty mind or wrongful intent.
EXAMPLE:
A upset with B. So A plans to kill B.
3
MALUM IN SE
A wrong in itself, in other words, something naturally evil.
B raped D
4
MALUM PROHIBITUM
Refers to something made wrong by legislation:
EXAMPLE:
“B got intoxicated in the public streets”.
5
FELONY
In most jurisdictions, is a crime that is punishable by death or by a sentence of more than one year even though the sentence actually impose is one year or less.
EXAMPLE:
D KILLED B
6
MISDEAMENOR
Any crime that is not a felony.
EXAMPLE:
B BARTENDER SERVED ALCOHOL TO D A MINOR.
7
What is the CORPUS DELICTI
Is the body of the crime, meaning the prima facie case or elements of the crime. Generally, the term embodies both the obvious evidence of a crime and the logical conclusion based upon the evidence that the elements of a crime have been commited.
EXAMPLE:
A DEAD BODY WITH A KNIFE STICKING OUT AND THE LOGICAL CONCLUSION THAT A HOMICIDE HAS BEEN COMMITED.
8
Intended Results Doctrine
If a person causes events to come about which are his intended result, then his actions are considered to be the proximate cause of the result even if an intervening act was independant and unforseeable.
9
Doctrine of Contributing Causes
It holds that when more than one cause brings about a particular result, then both are considered equally responsable.
EXAMPLE:
A and B shoot an arrow at the same time towards an empty field, arrow hit and killed C. Therefore, A and B considered equally responsable for killing C.
10
HOMICIDE
Is the killing of a human being by another human being.
EXAMPLE:
A poison B. B dies.