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Chap 1-5

Law Review

Criminal Liability "conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests”
torts private wrongs for which you can sue the party who wronged you and recover money
felonies serious crimes that are generally punishable by one year or more in prison
deterrence theory rational human beings won’t commit crimes if they know that the pain of punishment outweighs the pleasure gained from committing crimes
reasonable doubt “the proof that prevents one from being convinced of the defendant’s guilt, or the belief that there is a real possibility that the defendant is not guilty”
corpus delicti Properly applies to the elements of criminal conduct (for example, stealing someone’s property in theft) and bad result crimes (for example, criminal homicide)
case citation the numbers, letters, and punctuation that follow the title of a case in the excerpts or in the bibliography at the end of the book
ex post facto law a law passed after the occurrence of the conduct constituting the crime
bench trial trial without a jury
Apprendi rule other than the fact of prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt
actual possession physical possession; on the possessor’s person
constructive possession legal possession or custody of an item or substance
knowing possession awareness of physical possession
mere possession physical possession
motive the reason why a defendant commits a crime
subjective fault fault that requires a “bad mind” in the actor
general intent intent to commit the actus reus—the act required in the definition of the crime
specific intent the attitude represented by subjective fault, where there’s a “bad” mind or will that triggers the act; the intent to do something beyond the actus reus
strict liability liability that requires neither subjective nor objective fault
defense of excuse a defense where the mistake prevents the formation of any fault-based mental attitude, namely purpose, knowledge, recklessness, or negligence.
Created by: LittleMather
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