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Review Assignment 1

Chapter 1-4 Criminal law

TermDefinition
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 usually punishable by one or more years in prison
general part of the criminal law principles that apply to all crimes
special part of the criminal law defines elements of specific crimes
retribution punishment based on just deserts
general deterrence aims, by threat of punishment to deter criminal behavior in the general popoulation
incapaciation prevents convicted criminals from committing future crimes by locking them up, or altering them surgically, or executing them
rationalism natural law that individuals can and do act to maximize pleasure and minimize pain
determinism forces beyond offenders control cause them to commit crimes
concurrence requirement that actus reus must join with mens rea to produce criminal conduct or that conduct must cause a harmful result
mere possesion physical possesion
knowing possesion awareness of physical possession
constructive possession legal possession or custody of an item of substance
actual possession physical possession, on the possessor's person
ex post facto law a law passed after the occurrence of the conduct constituting the crime
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
bench trial trial without a jury
mens rea criminal intent
legal cause the subjective judgment that it's fair and just to blame the defendant for the bad result
recklessness the conscious creation of substantial and unjustifiable risks
negligence the unconscious creation of substatial and unjustifiable risks
defense of excuse a defense where the mistake prevents the formation of any fault-based mental attitude, namely purpose, knowledge, recklessness, and negligence
Created by: dcalla333
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