Term
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Definition
crimes that are evil in themselves
(ex. murder) |
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Term
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Definition
acts that are illegal because we make them so-
created because we need to regulate certain behaviors
(ex. speed limits) |
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Term
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Definition
actus reus
mens rea
concurrence
causation
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Term
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Definition
| elements of a crime must be proven |
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Term
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Definition
| criminal intent; evil mind |
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Term
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Definition
purposely
knowingly
recklessly
negligently |
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Term
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Definition
| to intentionally produce a specific result(the harm) |
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Term
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Definition
| aware that the conduct could produce harm |
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Term
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Definition
| defendant is aware of unjustifiable and substantial risk of harm |
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Term
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Definition
| act creates a substantial risk of harm; defendant may not be aware of the risk but should have known |
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Term
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Definition
actus reus and mens rea are related; co-occurred
the person's wrongful act must be attributable to his/her guilty(evil) mental state |
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Term
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Definition
did the act result in harm?
cause and effect between act and harm |
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Term
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Definition
"the body of the crime"
existence of some evidence that a crime was committed and the suspect's actions were criminal |
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Term
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Definition
| certain circumstances that must be present at the time the crime was committed |
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Term
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Definition
do not require mens rea
once you do the act, you're done
(ex. DUI, statutory rape, felony murder) |
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Term
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Definition
general intent
specific intent
transferred intent |
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Term
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Definition
| intent to the commit act, but not necessarily the harm that resulted |
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Term
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Definition
| committing the act in order to produce the harm |
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Term
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Definition
| defendant intends one harmful result but produces a different one |
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Term
| types of defenses to crimes |
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Definition
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Term
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Definition
necessity (self defense)
defenden's actions were necessary to prevent harm to oneself or other
(the threat has to be immenent and unprevoked. you can only use the force necessary to overcome the threat)
consent
whether the victim agreed to all/part of defendant's criminal acts |
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Term
| definition and types of excuses (4) |
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Definition
unable to control his actions given the circumstances
duress
entrapment
intoxication
insanity |
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Term
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Definition
| acted because of threat of SBI |
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Term
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Definition
Serious Bodily Injury
in MA: serious/protracted loss of organ or limb |
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Term
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Definition
enticed into committing the crime
(cannot already be predisposed to committing the crime) |
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Term
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Definition
must be involuntary intoxication
defendent could not form the requisite mens rea for the crime charged |
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Term
ways to prove insanity (4)
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Definition
M'Naughten rule
irrisistable impulse
Durham test
MPC substantial capacity test |
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Term
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Definition
| because of a disease of the mind, the actor does not know the nature and quality of the act; or does not know it was wrong |
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Term
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Definition
| as a result of disease/defect, the defendant was unable to resist |
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Term
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Definition
| the act was a "product" of a mental disease/defect |
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Term
| MPC substantial capacity test |
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Definition
| as a result of mental disease/defect, defendant either lacked the capacity to understand that the conduct was wrong; or could not conform his/her behavior in accorordance with the law |
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