Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key

image

Play button

image

Play button

image

Progress

1/15

Click to flip

15 Cards in this Set

  • Front
  • Back
Body of rules that define crimes, set out their punishments, and mandate the procedures in carrying our the criminal justice system
CRIMINAL LAW
A more serious offense that carries a penalty of incarceration in a state prision, usually for one year or more
FELONY
Seriuos crimes against a person - homicide, robbery, and rape. Serious crimes against property - Burglary and larceny. These are examples of....
felonies
A minor offense usually punishable by less than one year's imprisonment in a county jail
Misdemeanor
Petty larceny, assault and battery, unlawful possession of marijuana, traffic violations, public drunkenness. Theese are examples of....
misdemeanors
What are the 4 elements required for the legal definition of a crime?
actus reus,mens rea, concurrence, causation
Actus Reus (the guilty act)
-must be voluntary
-includes: agressive actiion, inaction/failure to act.
Actus reus (the guilty act)
legal duties:
1. relationship of parties based on status
2. Imposition by statue; laws that require a person who observes an act to aid.
3. contractual relationships ex. physician/patient, babysitter/child, lifeguard
Mens rea (the guilty mind)
Law acknowledges four types of intent. They are...
1. general intent
2. specific intent
3. constructive intent/malice
4. transferred intent (also called "bad aim")
Requires the defendant know, in general terms, that type of conduct in which he or she is engaged is wrong, even if the actor does not foresee the result that the conduct may produce; because direct violence of intentionality is rare (specific intent), we must infer from the facts and circumstances surrounding the incident
GENERAL INTENT
Requires direct evidence of the person's state of mind; requires that the actor have formed the intent in his or her mind in specific conduct and to cause a particular result.
SPECIFIC INTENT
the court has held:
"When an unintended victim is struk down as a result of an unlawful act actually directed against someone else, the law prevents the actor from taking advantage of his own wrong and transfers the original intent from the one against whom it was directed to the one who actually suffered from it (Fussel vs State 1988)
TRANSFERRED INTENT
Recklessness - if you behavior is reckless you are criminally liable.
Ex: driving at high speeds on on icy highway with lots of pedestrians around, or DWI
CONSTRUCTIVE INTENT/MALICE
Both guilty mind and guilty act must be proven; ONLY EXCEPTION....
STRICT LIABILITY CRIMES
strict liability crimes do not require...
mens rea; liability without fault