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38 Cards in this Set

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Adversarial System
In-court arrangements that pit the prosecution against the defense in the belief that the truth can best be realized through effective debate over the merits of the opposing sides
Advocacy Model
A perspective that holds that the greatest number of just and equitable resolutions of all criminal cases occurs when both sides are allowed to argue their cases effectively and vociferously
Burden of Proof
the mandate, operative in the American criminal courts that the accused is innocent until proven guilty. The procecution is required to prove the defendents guilt beyond a reasonable doubt
Reasonable Doubt
(in legal proceedings) an actual and substantial doubt arrising from the evidence
Reasonable Doubt standard
the standard of proof necessary for conviction in criminal trials
Preponderance of the Evidence
A standard for determing legal liability that requires a probability
Clear and Convincing Evidence
The level of factual proof used in civil cases involving personal
Criminal Liability
the degree of blameworthiness assigned to a defendent by a criminal court and the concomitant extent to which the defendent is subject to penalties prescribed by the criminal law
Elements of Crime
(1) the basic components of crime (2) in a specific crime, the essential features of that crime as specified by law or statute
Conduct
in the criminal law, behavior and its accompaning mental state
Actus Reus
An act in violation of the law; a guilty act
knowing possession
possession with awareness of what one possesses
Mere Possession
possession in which one may or may not be aware of what he or she possesses
Actual Possession
Possession in the which one has direct physical control over the object or objects in question
constructive possession
the abilty to exercise control over property and objects even though they are not in one's physical custody
Mens Rea
the specific mental state operative in the defendant at the time of the crime; a guilty mind
Criminal Negligence
(1) behavior in which a person fails to reasonably perceive substantial and unjustifiable risk (2) negligence of such a nature and to such a degree that it is punishable as a crime (3) flagrant and reckless disregard fr the safety of othersand welfare of others
Intentional Action
that which is undertaken volitionally to achieve some goal
General Intent
that form of intent that can be assume from the defendants behavior. general intent refers to an actor's physical conduct
General intent crimes
those particular forms of voluntary behavior that are prohibited by law
specific intent
a thoughtful conscious intention to perform specific act in order to achieve a particular result
specific intent crime
literally, crimes that require a specific intent, generally speaking specific intent crimes involve a secondary purpose
Knowing behavior
action undertaken with awareness
scienter
knowledge; guilty knowledge
Reckless Behavior
actiivity that increases the risk of harm
motive
a persons reason for committing a crime
strict liability
liability without fault or intention strict liabiliy offenses do not require mens rea
Concurrence
the stimultaneous coexistence of an act in violation of the law and a cupable mental state
corpus delicti rule
a principle of law that says an out of court confession unsupported by other facts, is insufficient to support a criminal conviction
causation in fact
an actual link between an actor's conduct and a result
proximate cause
the primary or moving cause that plays a substantial part in bringing about injury or damage. it may be a first cause that sets in motion a string of events whose ultimate outcome is reasonably foreseeable
but for rule
a method for determining causility which holds that "without this, that would not be" or "but for the conduct accused, the harm in question would not have occurred"
legal cause
a legally recognizable cause, the type of cause that is required to be demostrated in court in order to hold an individual criminally liable for causing harm"
Harm; resulting harm
Loss, disadvantage, or injury or anything so regurded by the person affected, including loss, disadvantage or injury to any other person whose welfare he is interested
principle of legality
anaxiom that hols that behavior cannot be criminal if not law exists that defines it as such
Ex Post facto
formulated, enacted or operating retrospectively; litally "after the fact"
Attendant circumstances
the facts surrounding an event
Degree
the level of seriousness of an offense