Criminal Law Overview

These flashcards cover essential terminology and concepts discussed in the Criminal Law class, providing a quick reference for key definitions and theories relevant to the course.

Actus Reus

The physical act or conduct that constitutes a criminal offense; typically defined as a volitional act that causes social harm.

Mens Rea

The mental state or intention of a person while committing a crime, often referred to as the 'guilty mind'.

Volitional Act

A conscious bodily movement that is initiated by the will of the actor.

Strict Liability

Crimes for which no mens rea is required, meaning the defendant can be found guilty regardless of intent.

Omissions

A failure to act, which can lead to liability under certain conditions, such as special relationships or contractual obligations.

Malum in Se

Acts that are inherently wrong or evil, such as murder or theft.

Malum Prohibitum

Acts that are wrong solely because they are prohibited by law, such as regulatory offenses.

General Deterrence

A rationale for punishment aimed at preventing others in society from committing similar crimes.

Specific Deterrence

A rationale for punishment aimed at preventing an individual offender from committing future crimes.

Active Recall

A study technique that involves repeatedly testing oneself on the material to enhance memory retention.

Space Repetition

A learning technique that involves reviewing material at increasing intervals over time to improve retention.

Causation

The relationship between an actor's conduct and the resulting harm or consequence, establishing accountability.

Reflex or Convulsion

Involuntary movements that do not constitute criminal acts due to the lack of volition.

Special Status Relationships

Legal relationships that create a duty to act, such as parent-child or doctor-patient.

Constructive Possession

Legal term indicating that an individual has control over an item, even if it is not in their physical possession.

Actual Possession

The physical control of an item or substance.

Legality Principle

The principle that there can be no penal liability without a law prohibiting the act.

Utilitarianism in Law

The view that laws should promote the greatest good for the greatest number and that punishment should have practical benefits.

Retribution

The theory of punishment that asserts offenders deserve to be punished for their actions, reflecting moral culpability.

Criminalization

The process of making an act illegal by enacting a statute.