Criminal Law Overview

This set of flashcards covers key legal concepts, theories of punishment, and important terms related to criminal law.

Utilitarianism

A punishment theory that justifies punishment based on its usefulness, aiming to deter future crimes.

Retributivism

A punishment theory that claims punishment is justified because individuals deserve to be punished for their actions.

Actus Reus

The physical act of committing a crime; it must involve a voluntary action.

Mens Rea

The mental state or intent to commit a crime; can vary from recklessness to purposefulness.

Omission Liability

A legal principle where a failure to act can result in criminal liability under certain circumstances.

Specific Deterrence

Punishing an offender to disincentivize them from committing further crimes.

General Deterrence

Punishing an offender to discourage others from committing similar crimes.

Strict Liability

A legal standard that holds a defendant liable for committing an offense regardless of their mental state.

Mistake of Fact

A misunderstanding of the circumstances surrounding an act that negates mens rea.

Mistake of Law

A misunderstanding regarding the legal status of an action, which typically does not excuse liability.

Felony Murder

A legal doctrine that holds individuals responsible for a murder that occurs during the commission of a felony.

Causation

Establishing a direct link between the defendant's actions and the resulting harm or injury.

Defense of Necessity

A legal justification for committing an act to prevent a greater harm.

Defense of Self-Defense

A justification for using force to protect oneself from imminent harm.

Duress

A legal defense stating that a person acted under threat of immediate harm.

Insanity Defense (The M’Naghten Rule)

D suffering from a mental disease or defect and didn't…  Know what he was doing  OR Know what he was doing was wrong  [Twenty-nine states and the federal system]

Provocation

A defense that reduces murder charges to manslaughter if the act was done in the heat of passion.

Conspiracy

An agreement between two or more persons to commit a criminal act.

Attempt

The act of taking substantial steps toward committing a crime that is ultimately not completed.

Negligence

A legal standard where a person's failure to exercise reasonable care results in harm.

Two basic requirements for willful blindness