Chapter 3

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Chapter 3
2012-01-31 20:21:40
Criminal Law

The General Principles of Criminal Liability
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  1. "Good Samaritan" doctrin
    doctrine that imposes a legal duty to render or summon aid for imperiled strangers.
  2. actus reus
    the criminal act or the physical element in criminal liability.
  3. corpus delicti
    the latin name for "body of the crime"
  4. mens rea
    the "state of mind" the prosecution has to prove beyind a reasonable doubt; criminal intent from an evil mind; the mental element in crime, including purpose, knowledge, recklessness and negligence.
  5. actual possession
    physical possession; onthe possessor's person
  6. American bystander rule
    there's no legal duty to rescue or call for help to aid someone who's in danger even if helping poses no risk whatsoever to the potential rescuer.
  7. attendant circumstances element
    an accompanying or accessory fact, event, or condition required for criminal liability.
  8. bad result crimes (result crimes)
    serios crimes that include causing a criminal harm in addition to the conduct itself.
  9. concurrencr
    the requirment that actus reus must join with mens rea to produce criminal conduct or that conduct must cause a harmful result.
  10. conduct crimes
    crimes requiring a criminal act triggered by criminal intent.
  11. constructive possession
    legal possession or custody of an item or substance
  12. criminal act
    the physical element of criminal liability

    -a bodily movement, muscular contraction
  13. criminal conduct elements
    • 1. conduct that is
    • 2. without justification and
    • 3. without excuse

    --criminal act+criminal intent
  14. criminal liability
    actus reus, mens rea, concurrence, causation, and harmful result, which are the basis for the elements of crime the prosecution has to prove beyond a reasonable doubt.

    --criminal conduct that qualifies for criminal punishment
  15. criminal liability analytical steps
    • 1. Is ther criminal conduct?
    • 2. Is the conduct justified?
    • 3. Is the conduct excused?
  16. criminal omissions
    • take two forms:
    • -mere failure to act
    • -failure to intervene in order to prevent a serious harm
  17. elements of a crime
    the parts of a crime that the prosecution must prove beyond a reasonable doubt, such as actus reus, mens rea, concurrence, causation, and bad result
  18. failure to intervene (criminal omission)
    one type of omission actus reus
  19. failure to report (criminal omission)
    one type of actus reus
  20. knowing possession
    awareness of physical possession
  21. legal duty (in criminal omission)
    liability only for duties imposed by contract, statute, or "special relationships"
  22. legal fiction (in actus reus)
    treating as a fact something that's not a fact if there's a good reason for doing so.
  23. manifest criminality
    the requirement in law thae intentions have totuen into criminal deeds to be punishable.
  24. mere possession
    physical possession
  25. one voluntary act is enough
    conduct that included one voluntary act will satisfy the actus reaus requirement for criminal liabilty.
  26. principle of mens rea
    the principle that to secure a conviction the prosecution has to prove the state of mind of a defendant at the moment the crime was committed.
  27. status (as actus reus)
    who we are as opposed to what we do; a condition that's not an action can't substitute for action as an element in crime.
  28. elements of criminal conduct crimes
    actus reus