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criminal law
flashcards
| Question | Answer |
|---|---|
| mala in se (inherently evil) crimes | offenses that require some level of criminal intent |
| mala prohibita offenses | offenses that are crimes only because a specific statute or ordinance prohibits them |
| expressive conduct | nonverbal actions that communicate ideas and feelings |
| clear and present danger doctrine | allows the government to punish words that “produce a clear and present danger of a serious substantive evil that rises far above public inconvenience, annoyance, or unrest” |
| criminal liability | “conduct that unjustifi- ably and inexcusably inflicts or threatens substantial harm to indi- vidual or public interests” |
| criminal omission | the failure to act when there’s a legal duty to act |
| 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 account- able for the results of her conduct |
| imperfect defense | when a defendant fails in the full defense but is found guilty of a lesser offense |
| defense of consent | the justification that competent adults voluntarily consented to crimes against themselves and knew what they were consenting to |