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Chap 1-5
Law Review
| Term | Definition |
|---|---|
| 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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