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10 Cards in this Set
- Front
- Back
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What is the first, and most ironclad, principle of Criminal?
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every crime requires an act
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The act requirement tend to fall into four parts. Name them.
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act, voluntariness, omission, and possession
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What are the elements of an offense?
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purpose, intent, willfulness, knowledge, recklessness, and negligence
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In Model Penal Code terms, actus reus would then encompass what elements?
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conduct, attendant circumstances, and result.
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How does The Restatement of Torts (2d) define "act"?
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"an external manifestation of the actor's will."
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Name The Model Penal Code's list of acts that are NOT voluntary.
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(a) a reflex or convulsion;
(b) a bodily movement during unconsciousness or sleep; (c) conduct during hypnosis or resulting from hypnotic suggestion; (d) a bodily movement that otherwise is not a product of the effort or determination of the actor, either conscious or habitual. |
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Name the two types of omission liability.
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explicit (or direct) and implicit (or indirect)
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What are the three most important possession offenses?
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possession of drugs, firearms, and stolen property, in that order.
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Name some of the other things the possession of which has been criminalized.
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counterfeit coins and bills, tools for producing same, burglar’s tools, instruments of crime, gambling devices or records, usurious loan records, obscene literature, taximeter accelerating devices, spearfishing equipment, hazardous waste, medical waste, graffiti instruments, eavesdropping devices, untaxed fuel or cigarettes.
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Actus Reus is used to refer to all elements of an offense other than the modes of culpability that may attach to them. Give examples.
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purpose, intent, willfulness, knowledge, recklessness, and negligence
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