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Criminal Law

Flash cards on chapters 3-5

QuestionAnswer
What are the main elements of a crime? Actus Reus, Mens Rea, and Concurrence
What is Actus Reus? The physical or external component of a crime, the voluntary act, omission, or possession that is prohibited by law.
What is Mens Rea? The mental or internal component of a crime, the defendants state of mind or intent when committing the act.
What does concurrence mean in criminal law? The principal that the criminal act and the criminal intent must occur together.
What is the purpose of the actus reus requirement? To ensure only voluntary acts or omissions are punished, not thoughts or involuntary behavior.
What kind of movements count as criminal acts? Only voluntary movements, reflexes, or acts performed while conscious.
What happened in King v. Cogdon? The defendant killed her daughter while sleepwalking, since the act was involuntary she was not criminal liable.
What happened in People v. Decina? A driver with epilepsy caused a fatal car crash after a seizure, the court help him liable because he chose to drive with his condition.
What are criminal omissions? Failures to act when there is a legal duty to do so
What is good samaritan law? Laws that require people in some jurisdictions to help others in danger or report crimes.
What is causation? The act must cause harm or result that the law forbids.
What is factual causation? The harm would not have happened "but for" the defendants actions.
What is proximate cause? The legal cause, the harm must be natural and foreseeable result of the defendants act.
What are coincidental intervening acts? Unrelated events that happen by chance, usually break the chain of causation.
What does it mean to act knowingly? The person is aware their actions will likely cause a certain result.
What is recklessness? The person knows there is a big risk of harm but acts anyway.
What is negligence? The person should have known there was a risk but didnt.
What is alibi defense? Proof that the defendant was somewhere else when the crime happened.
What is a perfect defense? Completely clears the defendant of guilt.
What is self defense? Using reasonable force to protect yourself from immediate harm.
What is the retreat rule? A person must try to escape safely before using deadly force.
What is the castle exception to the retreat rule? You dont have to retreat in your own home.
Created by: goinskel000
 

 



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