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18 Cards in this Set
- Front
- Back
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Culpability
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responsibility for a fault or wrong; blame
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mens rea
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guilty mind
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actus reus
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defendant engaged in a voluntary act
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corpus delicti
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actual evidence that a crime occurred that is based on more than the uncorroborated confession of the defendant
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legality
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law in the case must be clear and public
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Specific Intent
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when I intend not only the act, but also the specific result.
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General Intent
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when I simply intend the action involved
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Transferred Intent
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an actor intends to harm person A, but harms B instead. The culpability is based on the intent to cause the harm per se.
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Constructive Intent
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when the resulting harm is greater that was intended or expected.
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four different levels of mens rea
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purpose, knowledge, recklessness and negligence
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Purpose
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if he or she acts with the intent that his or her action causes a particular result
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Knowledge
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A person acts knowingly if he is aware that his conduct will result in certain consequences, even if that is not necessarily his specific intent.
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Recklessness
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if she is aware of a substantial risk that a particular result will follow as a result of her actions
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Negligence
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if he should have been aware (but is not aware) of a substantial and unjustifiable risk that a certain consequence would result from his actions
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Concurrence
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voluntary act and the criminal mental state occur together in order for a crime to take place
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Cause in fact
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the conduct lead to the harmful, prohibited result
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But for
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-factual causation
-the defendant’s action set in motion a chain of events that led to harm |
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novus actus
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action or an event which ‘intervenes’ to ‘break the causal chain’ leading from D to the eventual harm
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