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law

memorize.ai (lvl 286)

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22 cards

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Section 1

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recklessness

Front

1 / 22

Government Law Politics

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Last updated

7 years ago

Date created

Mar 1, 2020

Cards (22)

Section 1

(22 cards)

recklessness

Front

the trait of giving little thought to danger, Consciously taking an unjustifiable risk that a reasonable person would not take, The state of being aware that a risk does or will exist and nevertheless acting in a way that conciously disregards this risk., Exists where a person relizes an action is dangerous and could cause injury or death and yet performs the action anyway, the state of being utterly unconcerned about the consquences of some action, a lower level of mens rea,reckless conduct is much more then mere negligence.

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actus reus

Front

"Guilty act"—the actual performance of the criminal act., The specific act required to convict a person for a specific crime., a guilty (prohibited) act. it is possible for one to commit a crime with out intent. The commission of a prohibited act is one of the two essential elements required for criminal liability, the other is mans rea , wich is intent .

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criminal purpose

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specific intent

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requires that the actor intended the precise result of a harmful act, doing something wrong for the sake of accomplishing another task. ie: guy strikes curtis so he can rob him

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felony

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a serious offense that carries a penalty of imprisonment, usually for one year or more, and may entail loss of political rights., a crime, typically one involving violence, regarded as more serious than a misdemeanor, and usually punishable by imprisonment for more than one year or by death

Back

transferred intent

Front

Situation in which the offender intends to injure one person and by mistake accidental injures another, Defendant intends to harm one victime, but instead accidental harms another. EXCEPTION: Transferred intent does not apply to attempts, only to crimes with COMPLETED harms., When an unlawful act affects a person other than, or in addition to, the person it was intended to affect

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accessorry before the fact

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mens rea

Front

"guilty mind"-knew it was a crime, and still committed the criminal act, blameworthy state of mind, necessary for legal responsibility for a criminal offense; criminal intent, as distinguished from innocent intent., The criminal intent of the accused at the time the criminal act was committed., (pronounced mehns ray-uh). Mental state, or intent. A wrongful mental state is as necessary as the "actus reus " or the guilty act, to establish criminal liability.

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general intent

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requires merely that the actor intended a harmful act, not necessarily the specific result

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criminal knowledge

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principal in the second degree

Front

persons who actually assist in the physical commission of a crime or person whose conduct enables another to commit a crime. Ex: someone makes deliveries for a dealer of drugs, even though he may not obtain, sell or use the drugs he is still enabling the crime, One who is actually or constructively present and who aids and abets in the commission of a felony but is not the actual perpetrator

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no intent/strict liability

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malum prohibitum

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A crime not inherently bad or evil but merely prohibited., Latin "wrong as prohibited;" describes conduct that is wrong only because the law prohibits it, to unknowingly break a rule or law. Does not involve an evil intent. Ex. Speeding ticket in unfamiliar area

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criminal conduct

Front

Intent to commit an evil act in violation of a statute, also known as criminal intent, Criminal conduct consists of (1) An act OR a failure to act that produces criminal consequences, AND which is combined with criminal intent; OR (2) A mere act OR failure to act that produces criminal consequences, where there is no requirement of criminal intent; OR (3) Criminal negligence that produces criminal consequences., 2 requirements for most crimes

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civil law

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..., law concerned with private wrongs against individuals, The branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters., a set of laws pertaining to disputes between private citizens, businesses and governments.

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infraction

Front

a crime less serious than a felony, a breaking of a law or obligation, Any misdemeanor, the penalty for which does not exceed imprisonment for a period of 5 days and a fine of not more than $5000 or both, An essentially minor violation of law where the penalty upon conviction only consists of monetary forfeiture. A violation of law which could include imprisonment is a crime. It is distinguished from a misdemeanor or a felony in that the penalty for an infraction cannot include any imprisonment.

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malum in se

Front

Latin "wrong in itself;" describes conduct that is inherently wrong, in and of itself, regardless of the law, A crime inherently bad or evil, An act or crime that is inherently immoral. (You don't need a law book to tell you that it violates the law.), a crime that is wrong in itself or involves conduct that is inherently bad (murder, rape, larceny)

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criminal law

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law concerned with public wrongs against society, Law that involves crimes against the state, Law that defines and governs actions that constitute crimes. Generally, criminal law has to do with wrongful actions committed against society for which society demands redress., set of laws which deal with actions which are considered dangerous to the public welfare or morals, or to the interests of the state. Laws which are not criminal laws are civil laws.

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accessorry after the fact

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principal in the frist degree

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misdemeanor

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minor crime; misdeed; wrongdoing, an offense less serious than a felony and which may be punished by a fine or sentence in jail for less than one year, a legal offense usually punishable by a fine or a short-term jail sentence, or both

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criminal negligence

Front

(law) recklessly acting without reasonable caution and putting another person at risk of injury or death (or failing to do something with the same consequences), Liability that can occur when a persons careless and inattentive actions cause harm., Criminal negligence exists when, although neither specific NOR general criminal intent is present, there is such disregard of the interest of others that the offender's conduct amounts to a gross deviation below the standard of care expected to be maintained by a reasonably careful man under like circumstances.

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