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29 Cards in this Set
- Front
- Back
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What does copus delecti mean?
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body of the crime
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What are the three parts of the corpus delecti?
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actus reus
mens rea concurrence |
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all true crimes have 3 parts; what are these 3 parts collectively known as?
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corpus delecti
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what's the general concept of the actus reus?
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the criminal action
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why is actus reus required for a crime?
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we do not punish criminal thoughts alone
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what are the 2 forms of actus reus?
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affirmative acts and negative acts
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what is the definition of an affirmative act?
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a volitional and conscious engaging in an act prohibited by law
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define negative act.
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failure to act
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what are the 5 situations that give rise to a legal duty to act?
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-relationship of parties
-statutory duty -duty arising from a contract -voluntary assumption of responsibility -creation of peril |
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what are the 2 requirements for a negative act to show criminal liability?
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-legal duty to act
-capable of acting |
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what is the mens rea?
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the evil thought that drives the criminal action
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what does the mens rea establish?
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what the defendant was thinking at the time he/she committed the crime
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why do 99% of crimes require mens rea?
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-demonstrates moral culpability
-eliminates dangerousness |
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what are the 3 traditional forms of the mens rea?
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-specific intent
-general intent -criminal negligence |
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define the concurrence aspect of the corpus delecti.
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the mens rea must drive the actus reus
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does motive have to be proved in order to secure a conviction?
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no
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what are the 7 steps in the fact pattern of a burglary under the english common law formulary?
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1 - trespass
2 - breaking 3 - entry 4 - dwelling house 5 - of another 6 - in the night 7 - specific intent |
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A defendant must have had what 2 things in order to disprove trespass?
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consent to be there at the TIME and PLACE
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T/F: Fraud nullifies consent to enter.
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true
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What are the 2 types of breaking?
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actual
constructive |
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define actual breaking.
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use of force to create an opening that did not previously exist or use of forve to enlarge a pre-existing entry
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define constructive breaking.
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ex: fraud, threatening force, breaking the threshold
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what are the two types of entry?
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actual & constructive
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define constructive entry.
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use of an object to consummate the mens rea
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what is a dwelling house?
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a place regularly used to sleep
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what is the determinative factor for deciding "of another"?
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right of habitation
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define in the night.
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when the countenance/visage of a person could not be clearly discerned by natural right (dusk)
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the mens rea of a burglary (under the English common law formulary) is a specific intent to ....
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steal or commit a felony
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when is the burglary complete?
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AT THE TIME OF ENTRY
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