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Review Assignment 1
Chapter 1-4 Criminal law
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 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 |