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Criminal Law Final

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Term
Definition
Criminal Liability   conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to an individual or pubic interst  
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Elements of Criminal Liability   1. Actus Reus 2. Mens Rea 3. Concurrence (connecting or triggering) and sometimes.. 4. Attendant Circumstances 5. Causation (bad result)  
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Conduct Crimes   require a criminal act triggered by criminal intent; a criminal act triggered by mens rea  
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Result Crimes   require additional elements of Causation and Bad Result (ex. homicide)  
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Criminal Conduct   a criminal act that is a voluntary bodily movement; actus reus + mens rea+ concurrence (the criminal intent has to trigger the criminal act); a mental attitude that turns into action  
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Actus Reus   the criminal act- must be voluntary criminal act (it is the physical element of criminal liability) Criminal Law demands criminal conduct- a mental attitude that turns into action  
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One-Voluntary-Act-Is-Enough Rule   it is not necessary that every act up to the moment of the crime is completed be voluntary... one voluntary act is enough.  
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Criminal Omission   1. Failure to report OR 2. failure to intervene someone can be charged only when there is a LEGAL DUTY to do so (criminal omission can satisfy the voluntary act requirement)  
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Legal Duties of Criminal Omission   1. status 2.Contracts 3. special relationships  
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Actual Possession   physical control of an Item actually on the person  
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Constructive Possession   item not actually on the person, but still in a place that is under the control of the person  
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Knowing Possession   person in possession is aware of the item they are possessing  
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Mere Possession   person in possession is NOT aware of the item in their possession  
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Possession   not an action; it is a passive condition; people charged w/ possession have acquired possession by the voluntary act of acquisition  
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Mens Rea   the mental element of criminal liability; state of mind/ criminal intent; the state of mind that is the foundation of Fault  
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Subjective Fault (mens rea)   requires a "bad mind" in the actor  
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Objective Fault (mens rea)   requires no purposeful of conscious "bad mind" in the actor- BUT the normal, reasonable person would  
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Strict Liability(mens rea)   criminal liability without intent (act itself is criminal; does not require a quality state of mind) Liability without fault-based on voluntary action alone.  
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Criminal Intent   the intent to commit the criminal act as defined in the statute  
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Specific Intent   linked to subjective fault.. a bad mind or will that triggers the act; AKA General Intent Plus; general intent in the intent to commit the actus reus-- plus refers to some "special mental element"in addition to the intent to commit the criminal act  
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Purposely (mens rea)   a person acts purposely when it is his conscious object to engage in the conduct or to cause such a specific result  
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Knowingly   . KEY is awareness- knowingly means that you are aware that your conduct will cause the bad result  
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Recklessly   Reckless people know they're are creating risks of harm but they don't intend (or expect) to cause harm  
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Negligently   a person acts negligently when he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct. The test is OBJECTIVE: would a normal, reasonable person be aware of the risk?  
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