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Collaborative Review
Term | Definition |
---|---|
Felonies against persons | Murder, manslaughter, rape, kidnapping, robbery |
Felonies against property | Felony theft, robbery, arson, burglary |
Hard punishment | A sentence of a year or more in prison |
Torts | Private wrongs for which you can sue the party who wronged you and recovery money |
Mala in se crimes | Offenses that require some level of criminal intent |
Mala prohibita offenses | Offenses that are crimes only because a specific statue or ordinance prohibits them |
Felonies | Punishable by death or confinement in prison |
Misdemeanors | Punishable by fine and/or confinement in local jail for up to one year |
Void-for-overbreadth doctrine | Protects speech guaranteed by the 1st amendments by invalidating laws written so broadly that the fear of prosecution creates a "chilling effect" |
Three-strikes laws | Intended to ensure that offenders convicted of a 3rd felony get locked up for a long time |
Principle of proportionality | The punishment has to fit the crime |
Actus reus | "Evil act" |
Mens rea | "Criminal intent", often referred to as the mental element |
Corpus delicti | "Body of the crime" |
"Good Samaritan" doctrine | Imposes a legal duty to help or call for help for imperiled strangers |
The MPC's four mental states | Purposely, knowingly, recklessly, negligently |
Causation | Holding an actor criminally accountable for the results of her conduct |
Defense of consent | The justification that competent adults voluntarily consented to crimes against themselves and knew what they were consenting to |
Civil commitment | A proceeding where courts decide if defendants who were insane when committing crimes are still insane |
Diminished responsibility | An excuse defense with the argument "what I did was wrong, but under the circumstances I'm less responsible" |