Criminal Law Study Guide: Fundamentals, Mental States, and Case Law

A comprehensive set of fill-in-the-blank practice flashcards covering fundamental criminal law elements, Model Penal Code mens rea levels, burdens of proof, key constitutional cases, and theories of punishment.

The prohibited conduct or other physical element of a crime, which can include an act, possession, or an omission, is known as __________.

actus reus

The mental state required by a crime is known as __________.

mens rea

The requirement that the required mental state must accompany the relevant physical act at the legally relevant time is called __________.

concurrence

For a crime requiring a result, the factual inquiry that determines whether the result would have occurred without the defendant's conduct is known as the __________ test.

but-for

Under the Model Penal Code, a person acts __________ when their conscious objective is to engage in the conduct or cause the result.

purposefully

Under the Model Penal Code, a person acts knowingly with respect to a result element when they are aware that the result is __________.

practically certain

Under the Model Penal Code, a person acts __________ when they consciously disregard a substantial and unjustifiable risk.

recklessly

Under the Model Penal Code, a person acts __________ when they should have recognized a substantial and unjustifiable risk but fail to perceive it.

negligently

The key distinction between recklessness and negligence is that recklessness requires actual __________ of the risk, whereas negligence means the person should have been aware.

awareness

The standard of proof in civil cases, meaning a fact is more likely true than not true (often described as just over $50\%$), is the __________ standard.

preponderance of the evidence

In criminal cases, the prosecution must prove every element of the charged offense __________.

beyond a reasonable doubt

The __________ principle establishes that people should not be punished unless the law clearly defined the offense in advance to prevent arbitrary enforcement.

legality

In Papachristou v. City of Jacksonville, the Supreme Court struck down Jacksonville's vagrancy ordinance because it was unconstitutionally __________.

vague

In Lambert v. California, due process was violated when a defendant was convicted for failing to register as a felon without __________ of the requirement, given the passive conduct involved.

actual knowledge

In Smith v. Doe, applying Alaska's sex-offender registration scheme retroactively did not violate the Ex Post Facto Clause because the Court classified the law as __________ rather than punitive.

civil

In Robinson v. California, the Supreme Court ruled that punishing a person for the __________ of being addicted to narcotics violated the Eighth Amendment.

status

In Powell v. Texas, the Supreme Court upheld a public-intoxication conviction by distinguishing between status and public __________.

conduct

People v. Beardsley is commonly taught for the principle that a moral duty to help does not automatically create a __________ duty.

legal

An intervening act that responds to a danger the defendant created is called a __________ intervening act and does not automatically break the causal chain.

responsive

An independent, unforeseeable intervening cause that is more likely to break the causal chain is known as a __________ cause.

coincidental

The theory of punishment asserting that punishment is deserved solely because of wrongdoing is called __________.

retribution

The purpose of punishment aimed at discouraging the broader public from committing crimes is known as __________ deterrence.

general

The purpose of punishment designed to discourage the specific defendant from offending again is known as __________ deterrence.

specific

Preventing criminal behavior by restricting an offender's physical ability to commit crimes is called __________.

incapacitation

The purpose of punishment that focuses on repairing the harm caused to victims and the community is called __________.

restoration