Criminal Law Flashcards
Elements of a crime
Actus reus
Mens Rea
Actus reus
An voluntary action or failure to act, leading to a criminal act.
Ex: Pulling a gun on a victim.
Mens Rea
The state of mind which is required by “criminal” for “crime” to be considered a crime.
4 Types of Mens Rea
- Purpose (Committing a crime with the intent that a specific result will occur.)
- Knowledge (Committing a crime with the knowledge that it will certainly result in specific consequences even though those may not be intended.)
- Recklessness (Committing a crime with the knowledge that there is a substantial risk (although not absolutely certain risk) that certain consequences will occur.)
- Negligence (Committing a crime without the knowledge that there is a substantial risk that certain consequences will occur, although they should have known those risks.)
Affirmative defense
A defense in which the defendant introduces evidence, which, if found to be credible, will negate criminal or civil liability, even if it is proven that the defendant committed the alleged acts. Self-defense, entrapment, insanity, and necessity are some examples of affirmative defenses.
Burden of proof
The threshold that a party seeking to prove a fact in court must reach in order to have that fact legally established. For example, in criminal cases, the burden of proving defendant’s guilt is on the prosecution, and they must establish that fact beyond a reasonable doubt. In civil cases, the plaintiff has the burden of proving his case by a preponderance of the evidence.
American Law Institute Model Penal Code
The Model Penal Code (MPC) is a model law designed to stimulate and assist U.S. state legislatures to update and standardize the penal law of the United States
excuse
A type of defense that exempts the defendant from liability because of some circumstance, but does not actually condone the result that flowed (at least in part) from the defendant’s actions. In other words, a defendant with a valid excuse will not suffer the usual penalty for his actions, but the law “wishes” that the defendant had acted differently (as compared to a justification).
Ex: Insanity, Duress, Being a child
Insanity
A person accused of a crime can acknowledge that they committed the crime, but argue they are not culpable for criminal penalties because of their mental illness, by pleading “not guilty by reason of insanity.”
Justification
A type of defense that exempts the defendant from liability because the defendant’s actions were justified. In other words, a defendant with a valid justification will not suffer the usual penalty for his actions because in the eyes of the court, the defendant could not have been asked to act any differently in this situation (as compared to excuses).
Criminal Law
About the state prosecuting against individuals for committing moral wrongs (wrongs against society).
Beyond a reasonable doubt
The prosecutors must demonstrate that a very high degree of certainty exists that the defendant committed the crime in question.
Procedural criminal law
Rules and practices that guide the investigation of crimes and criminal trials.
Ex: Criminal Defendants’ Rights like Right to Remain Silent.
Substantive criminal law
Rules that define what behavior is criminal and deserves punishment from the state.
How are most criminal cases resolved in the US?
Plea bargains.
