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Criminal Law Ch.4

Criminal Law Ch.4 terms

TermDefinition
Mens rea Latin for guilty mind and is the mental element/criminal intent
Culpability/blame-worthiness The idea that it's fair and just to punish only people we can blame
Motive Something that causes someone to act
Subjective fault Fault that requires a "bad mind" in the actor
Objective fault Requires no purposeful or conscious bad mind in the actor
General intent The intent to commit the criminal act forbidden by statute
Specific intent The general intent to commit the actus reus of a crime plus the intent to cause a criminally harmful result
Knowingly The mental state of awareness in conduct crimes and in result crimes
Recklessly Conscious creation of a substantial or unjustifiable risk of criminal harm
Negligently The mental attitude that a person acts negligently with respect to a material element of an offense when he or she should be aware of an unjustifiable risk
Principle of concurrence Some mental fault has to trigger the criminal act in conduct crimes and the cause in result crimes
Causation Holding an actor criminally accountable for the results of his or her conduct
Factual cause Also called "but for" cause or "cause of fact"; if it weren't for an actor's conduct, the result wouldn't have occurred
Legal (proximate cause) A subjective question that asks, "Is it fair to blame Defendant for the harm triggered by a chain of events his or her action(s) set in motion?"
Intervening cause An event that comes between the initial act in a sequence and the end result
Ignorance maxim The presumption that defendants knew the law they were breaking
Mistake of fact A defense to criminal liability whenever the mistake prevents the formation of any fault-based mental attitude-namely purposely, knowingly, recklessly, or negligently
Failure-of-proof defenses Mistake defenses in which defendants usually present enough evidence to raise a reasonable doubt that the prosecution has proved the mens rea required for criminal liability
Created by: ottomanj
 

 



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