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21 Cards in this Set

  • Front
  • Back
(1)Criminal Law
The branch of law which defines which public wrongs are considered crimes and assigns punishment for those crimes. The whole point is to serve as a deterrent.
Community condemnation of antisocial conduct, the threat (and, on due occasion, the imposition) of unpleasant physical consequences.
It is conduct which, if dually shown to have taken place, will incur a formal and solemn prounouncement of the moral condemnation of the community. There must be concurrence between intent and the act itself to establish crime.
(4) Sixth Amendment
In all criminal prosecution, the accused shall enjoy the right to a speedy and public trial by an impartial jury
(5) Nullification
When the jury decides that the prosecution has proven its case byond a reasonable doubt, but for reasons of conscience, it disregards the facts and/or the law and acquits the defendant.
(6) Model penal code
Code created by a prestigious organizaton composed of top judges, scholars, and lawyers. It serves as a model for better penal code legislation because many state legislatures had enacted imperfect penal codes. Not statute but many states have adopted the MPC in whole or in part.
(7) Principle of Legality
No crime without pre-existing law provides people some defense of arbitrary enforcement of law. In our system of justice, the error goes to the defendant.
(8) Proof beyond a reasonable doubt
Proof has to be such that it excludes every other fair and reasonable possibility except for 1 and that is guilt.
(9) Actus Reus
The physical or external component of a crime. Objective element of the crime.
(10) Volition (CL)
A willed muscular contraction or movement of the body by the actor. Has to do with the act, not the result.
(11) Crimes of Omission
Failure to perform specified acts that you have a duty to perform constitutes an offense.
(12) Mens rea
A guilty mind; a guilty or wrongful purpose; a criminal intent. The sine qua non of crime. This is related to the result.
(13)Good Samaritan Law
Does not create a legal duty to act, but rather provides you with protection in the event that you make a situation worse if you were acting with the right intent.
(14) Principle of finality
The finding of not guilty by a jury is final and cannot be appealed.
(15) Wilful blindness
Deliberate effort ot avoid truth. More than recklessness because they are purposely staying ignorant, so as not to be held liable.
(16) Conditional intent
based on the performance or lack of performance on something that is demanded (i.e. carjacking with a weapon).
17. transferred intent
when a defendant means to cause harm to one person, but actually causes harm to another
18. attendant circumstances
facts surrounding the events (sometimes an element of the crime you have to prove)
19. substantial factor
occurs when there is more than one cause, but each action was sufficient enough to bring about a desired result.
20. acceleration
hastens the result of the crime (the victim would have died later, but for ∆’s actions – must have mens rea!)
21. expressed malice
intent to kill or knowledge of substantial certainty that the result will occur