(New Unit) Chapter 10 Flashcards
What is the definition of a crime?
Wrong against society, defined in a statute.
What is the criminal burden of proof?
Beyond reasonable doubt, unanimous jury verdict (6th amendment).
What are the various criminal sanctions?
Fines, service, probation, incarceration.
What are the five purposes of criminal law?
Deter, incapacitate, retribution, rehabilitate, restore.
What is the minimum punishment for a felony?
More than one year in prison up to death.
What is the maximum punishment for a misdemeanor?
Fine or imprisonment for up to one year.
What is a petty offense?
Least serious criminal offenses, strict liability crimes.
What is actus reus (needed to be convicted)?
Commit prohibited act.
What is mens rea (need to be convicted)?
Have specified state of mind or intent.
What are the various types of state of mind?
Intention, reckless, criminal negligence (aware of risk), strict liability (no state of mind because minor infractions).
What is first degree?
Whoever purposely and with premeditated malice.
What is second degree?
Whoever purposely and maliciously but without premeditation.
What is manslaughter?
Without malice, voluntarily in heat of passion, or involuntarily but recklessly.
Corporations _______ need state of mind to convict.
Do not
What is the liability of corporate entity?
Liable for crimes within the scope of employment.
