Criminal Law

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Adversarial System

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In-court arrangements that pit the prosecution against the defense in the belief that the truth can best be realized through effective debate over the merits of the opposing sides

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Advocacy Model

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A perspective that holds that the greatest number of just and equitable resolutions of all criminal cases occurs when both sides are allowed to argue their cases effectively and vociferously

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Burden of Proof

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the mandate, operative in the American criminal courts that the accused is innocent until proven guilty. The procecution is required to prove the defendents guilt beyond a reasonable doubt

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Reasonable Doubt

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(in legal proceedings) an actual and substantial doubt arrising from the evidence

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Reasonable Doubt standard

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the standard of proof necessary for conviction in criminal trials

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Preponderance of the Evidence

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A standard for determing legal liability that requires a probability

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Clear and Convincing Evidence

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The level of factual proof used in civil cases involving personal

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Criminal Liability

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the degree of blameworthiness assigned to a defendent by a criminal court and the concomitant extent to which the defendent is subject to penalties prescribed by the criminal law

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Elements of Crime

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(1) the basic components of crime (2) in a specific crime, the essential features of that crime as specified by law or statute

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Conduct

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in the criminal law, behavior and its accompaning mental state

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Actus Reus

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An act in violation of the law; a guilty act

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knowing possession

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possession with awareness of what one possesses

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Mere Possession

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possession in which one may or may not be aware of what he or she possesses

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Actual Possession

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Possession in the which one has direct physical control over the object or objects in question

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constructive possession

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the abilty to exercise control over property and objects even though they are not in one's physical custody

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Mens Rea

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the specific mental state operative in the defendant at the time of the crime; a guilty mind

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Criminal Negligence

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(1) behavior in which a person fails to reasonably perceive substantial and unjustifiable risk (2) negligence of such a nature and to such a degree that it is punishable as a crime (3) flagrant and reckless disregard fr the safety of othersand welfare of others

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Intentional Action

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that which is undertaken volitionally to achieve some goal

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General Intent

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that form of intent that can be assume from the defendants behavior. general intent refers to an actor's physical conduct

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General intent crimes

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those particular forms of voluntary behavior that are prohibited by law

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specific intent

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a thoughtful conscious intention to perform specific act in order to achieve a particular result

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specific intent crime

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literally, crimes that require a specific intent, generally speaking specific intent crimes involve a secondary purpose

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Knowing behavior

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action undertaken with awareness

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scienter

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knowledge; guilty knowledge

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Reckless Behavior

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actiivity that increases the risk of harm

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motive

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a persons reason for committing a crime

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strict liability

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liability without fault or intention strict liabiliy offenses do not require mens rea

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Concurrence

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the stimultaneous coexistence of an act in violation of the law and a cupable mental state

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corpus delicti rule

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a principle of law that says an out of court confession unsupported by other facts, is insufficient to support a criminal conviction

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causation in fact

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an actual link between an actor's conduct and a result

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proximate cause

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the primary or moving cause that plays a substantial part in bringing about injury or damage. it may be a first cause that sets in motion a string of events whose ultimate outcome is reasonably foreseeable

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but for rule

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a method for determining causility which holds that "without this, that would not be" or "but for the conduct accused, the harm in question would not have occurred"

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legal cause

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a legally recognizable cause, the type of cause that is required to be demostrated in court in order to hold an individual criminally liable for causing harm"

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Harm; resulting harm

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Loss, disadvantage, or injury or anything so regurded by the person affected, including loss, disadvantage or injury to any other person whose welfare he is interested

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principle of legality

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anaxiom that hols that behavior cannot be criminal if not law exists that defines it as such

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Ex Post facto

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formulated, enacted or operating retrospectively; litally "after the fact"

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Attendant circumstances

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the facts surrounding an event

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Degree

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the level of seriousness of an offense