The Nature, Purpose, and Function of Criminal Law

These flashcards cover key concepts from the lecture on criminal law, including definitions, principles, and classifications.

Criminal Law

The foundation of the criminal justice system that defines conduct leading to an arrest.

Crime

Conduct that is declared a criminal offense by law and is punishable by penalty.

Actus Reus

The physical act or conduct that constitutes a criminal offense.

Mens Rea

The mental state or intent to commit a crime.

Beyond a Reasonable Doubt

The standard of proof required for a conviction in a criminal trial.

Civil Law

Branch of law that deals with personal injury and protects individual rights instead of public interest.

Preponderance of Evidence

The standard of proof required in civil cases, indicating that something is more likely true than not.

Felony

A serious crime punishable by death or imprisonment for more than one year.

Misdemeanor

A less severe offense punishable by imprisonment for less than one year.

Mala in Se

Crimes that are inherently evil, regardless of societal laws.

Mala Prohibita

Crimes that are defined as such because they are prohibited by law.

Common Law

The body of unwritten laws based on legal precedents established by the courts.

Model Penal Code

A set of criminal law standards developed to unify laws across states.

Dual Sovereignty

The principle that allows both federal and state governments to prosecute the same individual for the same conduct.

Ex Post Facto Law

A law that makes an action illegal retroactively.

Police Power

The capacity of the state to regulate behaviors and enforce order within its territory.

Judicial Decisions

Rulings made by courts that can serve as legal precedents in future cases.