Criminal Law Ch 3
degree
level of seriousness of an offense
"But for" rule
A method for determining causality that holds that "without this that would not be," or "but for the Contact of the accused, the harm in question would not have occurred."
double jeopardy
A second prosecution or a second punishment for the same offense
What are the three fundamental elements of crime ?
Actus Reus , mens rea, and concurrence
What is causation in fact ?
An actual link between an actor's contact in the results
Principle of legality
An axiom The holds that behavior cannot be criminal if no law exist that defines it as such. It s commonly known as a due process principle
Legal cause
Are you legally recognizable cause the type of calls that is required to be demonstrated in court in order to hold an individual criminality liable for causing harm.
What is attendant circumstances?
Attendant circumstances must be present for a conviction to be obtained. It refers to the "facts surrounding an event" and include such things as time and place. Sometimes, attendant circumstances increase the degree, or level of seriousness, of an offense.
What are the four principles that are necessary to full appreciate contemporary understandings of crime?
Causation, resulting harm, the principle of legality, and necessary attendant circumstances
What is Corpus delicti ?
Corpus delicti literally means "body of crime." To prove the corpus delicti of a crime is to show that a crime has in fact occurred. Doing so requires the state to demonstrate that a criminal law has been violated and that someone violated it.
void for vagueness
Defining a crime that is so unclear That a reasonable person of at least average intelligence could not determine what the law purports to command or prohibit
Ex post facto
Formulated, enacted, or operating retrospectively. Literally, "after the fact." As prohibited by the constitution no punitive law may be applied to acts committed before the law was in enacted and effective.
What does a Corpus delicti rule hold ?
It holds that a criminal conviction can not be based solely on the uncorroborated confession or admission of an accused that is, a confession, uncorroborated by other facts, is insufficient to show the Corpus delicti of a crime and cannot support a conviction.
What does the principle of legality do?
It mirrors the fact that behavior cannot be criminal if no law exists that both defines it as such and prescribed punishment for it. It includes the notion that a law cannot be created tomorrow that will hold a person legally responsible for something he or she does today. Such laws are called "ex post facto law's, their primary feature being that they retroactive. Ex post facto law are illegal under the US constitution.
degree
Level of seriousness of an offense
Excuses
Mistake (fact mistake & Law mistake) , infancy, duress, entrapment, ignorance of law, capacity defense provocation, insanity
What is proximate cause?
Proximate cause is a primary or moving has that plays a substantial part in bringing about injury or damage. It may be a first because that says in motion a string of events who's ultimate outcome is reasonably foreseeable. A legal cause, on the other hand, is this simply one that is legally significant.
Corpus delicti rule
The body or essence of a criminal offense that proves that the alleged crime has been committed but not who committed the crime.
Is there a link between the actors conduct and the resulting harm, causation in fact it's said to exist
The but for rule is another way of the terminating causation is Luxe to see whether some injury would not have happened but for the conduct of accused.
void for vagueness principle
a constitutional principle that refers to a statute defining a crime that is unclear that a reasonable person of at least average intelligence could not determine what the law purports to command or prohibit
bill of attainder
a law that punishes a person accused of a crime without a trial or a fair hearing in court
legal cause
a legally recognizable cause; the type of cause that is required to be demonstrated in court in order to hold an individual criminally liable for causing harm
bill of attainder
a legislative pronouncement that an individual is guilty of a crime
"but for rule"
a method for determining casualty that holds that "without this, that would not be" or "but for the conduct of the accused, the harm in question would not have occurred
double jeopardy
a second prosecution or a second punishment for the same offense
Ex post facto
formulated, enacted or operating retrospectively. Literally, "after the fact." No punitive law may be applied to acts committed before the law was enacted and effective
attendant of circumstances
the facts surrounding an event