Quizlet-3 - Lecture notes 4 PDF

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Criminal Law - Chapter 3 Study online at quizlet.com/_58bifs 1.

actual possession

physical control of banned items on my person, for example, marijuana in my pocket

2.

actus reus

the requirement that all crimes have to include a voluntary criminal act, which is the physical element of a crime and the first principle of criminal liability

3.

American bystander rule

there's no legal duty to rescue or summon help for someone who's in danger, even if the bystander risks nothing by helping

4.

attendant circumstances element

a "circumstance" connected to an act, an intent, and/or a bad result

5.

automatism

unconscious bodily movements

6.

concurrence

the principle of criminal liability that requires that a criminal intent has to trigger the criminal act

7.

conduct crimes

requiring a criminal act triggered by criminal intent

8.

constructive possession

banned items not on my person but in places I control, for example, in my car or apartment

9.

corpus delicti

Latin for "body of the crime"; it refers to the body of victims in homicides and to the elements of the crime in other crimes

10.

criminal acts

voluntary bodily movements

11.

criminal conduct

a criminal act triggered by criminal intent

12.

criminal homicide

conduct that causes another person's death

13.

criminal liability

conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests

14.

criminal omission

the failure to act when there's a legal duty to act

15.

elements of a crime

to convict, the prosecution must prove beyond a reasonable doubt: (1) a criminal act (in all crimes), (2) criminal intent (in some crimes), (3) concurrence (in all crimes), (4) attendant circumstances (in some crimes), and (5) that criminal conduct caused a criminal harm (in bad result crimes only)

16.

failure to intervene

not actively preventing or interrupting injuries and death to persons or damage and destruction of property

17.

failure to report

not providing information when you're legally required to

18.

faultbased defenses

defenses based on creating a reasonable doubt about the prosecution's proof of a voluntary act

19.

"Good Samaritan" doctrine

imposes a legal duty to help or call for help for imperiled strangers

20.

knowing possession

items possessors are aware is either on their person or in places they control

21.

legal duty

an obligation created by a statute, contract, or special relationship, and enforceable by law

22.

legal fiction

pretending something is a fact when it's not, if there's a "good" reason for the pretense

23.

mens rea

criminal intent, the mental element of a crime

24.

mere possession

items you possess but you don't know what they are

25.

moral duties

an obligation or norm created and enforced by society, conscience, and religion that's not enforceable by law

26.

status

the character or condition of a person or thing...