Criminal Law Outline – Studicata

Actus Reus

The prohibited conduct or physical act that constitutes a criminal offense.

Mens Rea

The mental state or intent required to be guilty of a crime; often described as the 'guilty mind'.

Voluntary Act

A conscious or habitual bodily movement that constitutes the actus reus of a crime.

Omission

A failure to act when there is a legal duty to do so, which can satisfy the requirement of actus reus.

Causation

The relationship between a defendant's conduct and the resulting harm, comprising actual causation (cause-in-fact) and proximate causation (legal cause).

Felony Murder Rule

A doctrine holding a participant liable for a death caused during the commission of a felony.

Model Penal Code (MPC)

A comprehensive model criminal code drafted by the American Law Institute, which many states have adopted in part.

Specific Intent

A mental state requiring a purpose or objective beyond the physical act of the crime.

General Intent

A mental state that only requires the intent to perform the physical act constituting the offense.

Strict Liability

Crimes that do not require mens rea for one or more elements; commonly applied in public welfare offenses.

Transferred Intent

A legal doctrine allowing intent to harm one person to be transferred to the actual victim of the act.

Inchoate Offense

A crime that was begun but not completed, such as conspiracy or attempt.

Affirmative Defense

A defense by which the defendant introduces evidence to negate criminal liability even if the prosecution's claims are true.

Eighth Amendment

A constitutional provision that prohibits cruel and unusual punishment, which limits sentencing outcomes.

Ex Post Facto Clause

A constitutional prohibition against retroactively criminalizing conduct or increasing punishments.

Self-Defense

A justification defense allowing the use of reasonable force to protect oneself from imminent unlawful force.

Necessity (Choice of Evils)

A justification defense that allows a person to avoid a greater harm by committing an offense.

Larceny

The trespassory taking and carrying away of personal property of another with the intent to permanently deprive the owner.

Embezzlement

The fraudulent conversion of property belonging to another by a person who has lawful possession of that property.

False Imprisonment

The unlawful restraint or confinement of another's physical liberty without consent.