Criminal Law
Quiz yourself by thinking what should be in
each of the black spaces below before clicking
on it to display the answer.
Help!
|
|
||||
|---|---|---|---|---|---|
| mens rea | the requisite mental state or “guilty mind"
🗑
|
||||
| strict liability | the defendant is guilty regardless of mens rea, so long as he or she engaged in a voluntary act that led to the prohibited result
🗑
|
||||
| Traditional Approach to Intent and Mens Rea: specific Intent | when I intend not only the act, but also the specific result.
🗑
|
||||
| actus reus | , the state must prove that the defendant engaged in a voluntary act that led to the prohibited results
🗑
|
||||
| Concurrence | the defendant must have had the required intent or other relevant mental state at the moment he/she performed the act.
🗑
|
||||
| corpus delicti | the body or essence of a criminal offense that proves the crime has been committed (e.g., a dead body; stolen merchandise; evidence of battery or sexual assault; evidence of intoxication)
🗑
|
||||
| principle of legality | Nothing is a crime unless it is clearly forbidden in law.
🗑
|
||||
| Causation | the defendant’s action set in motion a chain of events that led to harm. “But for” John Doe’s action, the harm would not have resulted.
🗑
|
||||
| inchoate crime | one that is not completed or not perfectly formed
🗑
|
||||
| attempted crime | one that has not been completed, either because the final act of execution has not been made or because of legal or factual impossibility
🗑
|
||||
| “conspiracy” | is an agreement to commit a crime, not that crime itself
🗑
|
||||
| Murder | involves killing a person(s) with malice aforethought.
🗑
|
||||
| Malice | "evil mind", the intention or desire to do evil, ill will
🗑
|
||||
| aforethought | with premeditation or deliberation
🗑
|
||||
| Manslaughter | the crime of killing a human being without malice aforethought, or otherwise in circumstances not amounting to murder.
🗑
|
||||
| Felony murder | makes one strictly liable of murder even if one did not intend to kill anyone or have malice to kill.
🗑
|
||||
| People v. Stamp | storeowner with a history of heart disease had a heart attack while being robbed pursuant to a burglary, and the robbers were held guilty of murder even though they had not intended to kill.
🗑
|
||||
| support the felony murder rule | 1) it deters crime (deterrence theory); 2) it reduces violence by providing an incentive for felons to be especially careful in how they carry out their crimes; 3) those who commit violent felonies deserve to be held responsible (retribution theory)
🗑
|
||||
| proximate cause | that which, in a natural and continuous sequence, unbroken by any efficient intervening cause, produces injury and without which the result would not have occurred
🗑
|
||||
| beyond a reasonable doubt | presumption of innocence in every criminal case
🗑
|
||||
| Preponderance of the evidence test | something is “more likely than not.” That is, if there is a 51% chance that someone is liable, then that person is liable under the preponderance test. This is the standard used in civil cases
🗑
|
||||
| Burden of Persuasion (or Proof) | ultimately convincing the trier of fact” (jury or judge) of the guilt of the defendant or of the existence of certain facts in the case.
🗑
|
Review the information in the table. When you are ready to quiz yourself you can hide individual columns or the entire table. Then you can click on the empty cells to reveal the answer. Try to recall what will be displayed before clicking the empty cell.
To hide a column, click on the column name.
To hide the entire table, click on the "Hide All" button.
You may also shuffle the rows of the table by clicking on the "Shuffle" button.
Or sort by any of the columns using the down arrow next to any column heading.
If you know all the data on any row, you can temporarily remove it by tapping the trash can to the right of the row.
To hide a column, click on the column name.
To hide the entire table, click on the "Hide All" button.
You may also shuffle the rows of the table by clicking on the "Shuffle" button.
Or sort by any of the columns using the down arrow next to any column heading.
If you know all the data on any row, you can temporarily remove it by tapping the trash can to the right of the row.
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.
Normal Size Small Size show me how
Normal Size Small Size show me how
Created by:
mimack
Popular Law sets