intent to produce a specific result
situation in which a person acts with the intent to cause a specific result and someone or something else ends up being the target of the conduct, where in the law transfers the intent to harm or injure the original target to the target actually harmed.
evil state of mind that, when coupled with an unlawful act, makes one criminally liable.
latin term meaning "criminal intent"
reason one acts the way one does
breaking and entering to stealsomething
breaking and entering leads to what?
breaking and entering to murder someone
1.purpose 2.knowledge 3.reckless 4.negligence
doing something with an understanding/ not always on purpose
doing something on purpose
lesser culpability/ wrongful state of mind/ actor does not intend with any harm.
1.standard of care (duty)- required to do something
2.breach of duty- failed to do what you're supposed to do
state of mind of one who acts in a manner not necessarily intending harm,but reflecting a complete disregard for the rights and safety of others.
state of mind that accompanies an injury or harm proximate caused by breach of standard of care owed by one person to another. the severity of the breach distinguishes criminal from civil negligence.
criminal negligence is often called
grass or culpable negligence, but all these terms are interchangeable.
are not wrongs in themselves but are wrongs because the law makers say so.
criminal law is
black and or white
prosecution must prove what?
that the individual is guilty beyond a reasonable doubt.
reason why an accused should not be responsible for the commission of a criminal act
there is a difference between what?
innocent and not guily
the truth is what?
every prosecutor should be aware with
defense against the prosecution
pick one to arrive at the truth
concept that a person acts of his or her own free will and therefore may be held accountable for his or her acts, including those society says are criminal.
our system is what?
an accusatory system
why don't we have to prove our self?
the persecutor has to determine if we are guilty or not beyond a reasonable doubt.
two defenses because of guilt factor
alibi and affirmative
if properly and truthfully proven, means you truely are innocent.
excuses in a crime or of a crime justifications
prosecution has to do what?
make sure that a crime was committed but there is a reasonable doubt that someone besides the accused have been able to commit the crime.
statement, when considered along with other evidence tend to command guilt.
statement, admitting that a crime was committed and a statement admitting to the corpus delecti.
the accused had admitted that a crime has taken place
and admitting that there was some action in a crime or in a certain crime.
defense used if the victim had the authority to and did consent to the act with which the accused is charged.
(willing participant)took place in a crime-consolidated the mens rea.
defense raised when an accused is faced with the press of events that causes conduct for which there is no readily apparent alternative.
about to be attacked, you must back away or do something to defend yourself
battered spouse syndrome
defense used by an accused who has been the victim of domestic violence and who is accused of causing injury or death to the batterer.
often-raised (but never successful) defense that a law prescribing a criminal act has not been enforced before.
defense that the enforcement of the criminal law, with which the accused is charged, is selectively enforced based on criteria other than the violation alone. PA doesn't use this.
generally unsuccessful defense based on a claim that an otherwise criminal act is excused because it is an accepted or prescribed part of a religious ritual.
generally a valid defense if the accused was forcibly intoxicated to a sufficient degree as to be incapable of having criminal intent.
make an individual more blameworthy ex: ripping up body
successfully pleading a perfect or imperfect defense.
found not guilty but guilt for lesser offense crim. charges.
diminished->mental instability, motion
type of insanity defense used to establish the inability of an accused to form a specific intent when that is an essential element of the charged crime.
common law immunity
voluntary agreement not to prosecute, not to sentence, or not to use testimony against an accused in exchange for testimony concerning a criminal case.
entrapment is inducement
means that the accused person did not intend to commit a crime before being induced to dose.
defense based on a claim that law enforcement encouraged and pressured the accused into committing a crime that the accused was not already willing and able to commit.
mistake of law
knowing something or thinking something was illegal and thats your excuse> doesnt count.
- you had an opportunity to learn the law.
mistake of fact
defense used by an accused who commits a prohibited act in good faith and with a reasonable belief that certain facts exist that(if they actually did exist)would make the act innocent.
defense to a crime if the accused cannot aid in the preparation of his or her case or was incapable of having criminal intent at the time the act occurred.
one of the tests of insanity, often called the right-wrong test. the defendant is insane if, at the time of committing the act, the defendant was laboring under such a defect of reason from disease of the mind as not to know the nature and quality of the act, or if the defendant did have knowledge of the nature and quality of the act but did not know that it was wrong.
product test >goes along with the McNaughten rule.
up to the jury if he or she is wrong.
little-used test of insanity that delines a person to be insane at the time of committing a criminal act if by reason of a mental disease, the accused had so far lost the power to choose between right and wrong that he or she was unable to avoid doing the act in question.
(guilty but mentally ill)you'll be cured but still pose a threat.
any assault of a vicious nature, including assault with intent to commit a serious offense and assault with a deadly weapon.
attempt or offer, with lawful force or violence, to injure another.
sexual assault is:
a special going under battery
unlawful injury, however slight, done to another person, directly or indirectly, in an angry, revengeful, rude, or insolent manner.
under common law > depriving someone under their limbs. any act against a person that violently deprives the person of the use of any members so as to make him or her less capable of self-defense.
all assaults were misdemeanors;
aggravated cases of assault differed only in the severity of punishment imposed by the judge.
at common law
assault was an attempt or offer to do harm, where as battery was the doing of the harm.
under the doctrine of merge
if the battery is completed, there is no assault.
crime consisting of a series of acts directed at contacting or following another person when coupled with both intent to cause fear or injury to that person and conduct that causes fear. threat/fear
protection from abuse order stops what?
bias for most hate crimes
assault or battery committed by one or two persons who live together. primarily growing out of the abusive/battered spouse syndrome, it of ten carries a greater penalty than other assaults and batteries.
striking distance doctrine
doctrine that states that for an assault to occur, the person who is offering or attempting injury must be within a reasonable distance, so the threat to cause harm can justify the fear of harm experienced by the victim or so the harm can be immediately implemented.
hate crime refers to a category or criminal actions that occur prejudice and criminal actions.
commit a threat because of ethnicity age, and gender then you are guilty of a hatecrime.
hate crime statutes
have been challenged on the grounds of violating the first amendment of the law covered by such offenses as murder, malicious destruction of property, trespass, arson, and assault and battery.
attempted suicide people
reaching for help
harm that you committed becomes this
-issue that we have to comfront
when does death occur?
heart stops beating/breathing
when does life begin?
one cant really tell or argue this.
aspect in murder that conveys the meaning of planning ahead.
offense in most states involving assisting another to commit suicide.
negligence with a branch of a standard of care so great as to rise to the level of being a crime.
homicide committed by accident and misfortune or during the commission of an act mala prohibita.
killing of one human being by another under circumstances that make it criminal.
malice implied to make the offense a capital murder if committed during the commission of a specified felony.
killing of an unborn child
heat of passion condition
caused by sufficient provocation that leads to manslaughter
killing of one human being by another.
killing of a newly born child.
unintentional killing either during the commission of an act malum in se or from culpable negligence.
necessary killing in performance of a legal duty or exercise of a legal right when the slayer is not at fault.
premeditated design; planned ahead with an evil purpose in mind.
criminal homicide not severe enough to be murder.
felonious killing of one human being by another with malice aforethought.
element of voluntary manslaughter based on legally sufficient grounds to excite and anger a person enough that the person kills in the heat of passion.
when movement or other independent action of an unborn child is felt by the mother.
killing, less severe than murder, done in the heat of passion.
year and a day rule
at common law, if death from a criminal homicide did not occur within this time period, the offender is not held liable for the death.
not all homicides are criminal
justifiable and excusable
homicides fall into two categories
death occurring during commission of a lawful act, or a mulum prohibitum unlawful act, committed without any intent to hurt and without criminal negligence.
intended to kill
likely to cause death
defense based on a claim that one is compelled or commanded to commit a crime under fear or threat against his or her person.
statute of limitations
statute that limits the amount of time after which a crime is committed and within which prosecution of an accused must begin.
involuntary agreement used to compel testimony by guaranteeing that the witness will not be prosecuted,or that any compelled testimony will not be used against the witness.
generally not accepted as a defense unless the intoxication is so great as to render the accused unable to form a specific intent if the crime charged requires such proof.