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15 Cards in this Set

  • Front
  • Back

Actual Possession

Having physical control or custody over something.

Actus Reus

The act or omission that a statute seeks to prohibit.


An element of some crimes that requires that the criminal act (actus reus) cause the harm the law seeks to prohibit.


An element of crimes requiring that the criminal act (actus reus) be a product of the criminal intent (mens rea).

Constructive Possession

The legal doctrine of a person being in possession of an object even when they were not in actual physical control of the object at the time.

Elements (of crimes)

A set of facts that must be proven to convict a defendant of a particular crime.


For crimes that name a particular harm that the law seeks to prohibit (such as the killing of a person in murder), the harm must actually occur.


A culpable mental state that requires the actor to be aware of the nature of his or her action; the actor knew what would happen when he or she acted.

Malice Aforethought

A deliberate, premeditated intent to cause a criminal harm; an element of common law murder.

Model Penal Code

A model criminal code first developed by the American Law Institute (ALI) in 1962; adopted by many states.


A culpable mental state specifying that the actor should have been aware of a substantial and unjustifiable risk.


Failure to perform a legally required act such as paying taxes or providing care to children; a type of actus reus in criminal law.


Having dominion or control over something; the actus reus of many crimes such as the possession of weapons or controlled substances.


A culpable mental state requiring that the actor have the criminal act as his or her "conscious object;" the criminal harm was done on purpose.


A culpable mental state requiring that the actor consciously disregard a substantial and unjustifiable risk.