CRJ 102 Test 2
Defense of Others
A justification defense in which a person is justified by using force to protect another from the unlawful use of force by an aggressor
Conduct Crimes
Crimes that are complete when the criminal act criminal intent concur. There is no requirement for resulting harm.
Actus Reus
Latin term meaning "evil act" or criminal act. One of the core requirements of a crime.
Mens Rea
Latin term meaning "guilty mind." The mental state or criminal intent of the defendant.
Failure of Proof Defense
a defendants acquittal is the result of the prosecution failing to prove one or more of the elements of a crime or leaving reasonable doubt in the mind of the jury
Law Enforcement Defense
a defense available to police or other authorized agents for actions committed in the course of law enforcement
Imperfect Defense
a defense that results in the defendant ring convicted of a lesser crime, by do not result in an acquittal
The Necessity Defense
a justification defense in which the defendant commits a crime out of necessity to avoid a greater evil. Also known as a choice of evils defense
Self Defense
a justification defense in which the defendant is permitted to act in order to prevent imminent death or bodily harm
Consent
a justification defense in which the victim voluntarily agrees to physical contact with the defendant, such as in some rape defenses
Ex Post Facto
a law enacted in order to retroactively punish behavior. Ex Post Facto is Latin for "after the fact"
Mistake of Fact
a misunderstanding or misinterpretation by the defendant about the relevant fact. Potentially used asa defense or to negate the mens rea requirement of a crime
Negligence
a type of mens rea or criminal intent in which the defendant unconsciously creates a risk of harm and does not act like a reasonable person under the circumstances
Strict Liability
crimes that do not require mens rea or criminal intent
Result Crime
crimes that require actual harm
Creation of Peril
if George pushes Gary, who cannot swim, into a lake; Gary struggles and cries out for help; and George fails to assist, George can be guilty of a crime
Voluntary Assumption of Care
if another person voluntarily assumes care of another person (without a contract) that person may be held liable for failure to act
Bad Samaritan Laws
laws that make it a crime for someone to fail to come to the aid of another who is in danger
Omission
the failure to act. In certain circumstances, an omission can satisfy the acts res element of a crime.
Malice
the intent to commit a wrongful act without a legitimate cause or excuse
General Intent
the intent to commit the acts res or criminal act of the crime only
Temporal concurence
the mens rea must accompany the acts reus in time
Causation
the requirement that the defendant is responsible for the harm in result crimes
