Crim Law Glossary

Criminal Law

Norms prohibiting serious wrongs, backed by state punishment, to protect autonomy and welfare.

Crime

A public wrong punishable by the state.

Substantive Criminal Law

Defines criminal offenses, liability conditions (actus reus, mens rea, defenses), and punishment.

Procedural Criminal Law

Rules governing how criminal law is enforced (investigation to punishment).

Analysis of Criminal Liability

Determining if a crime occurred: actus reus, mens rea, and defenses.

US Analytical Scheme

1. Criminality, 2. Illegality (justifications), 3. Culpability (excuses).

German Analytical Scheme

1. Elements of the offense, 2. Wrongfulness (justifications), 3. Culpability (excuses).

Objective Elements

Conduct, causation, and result in the definition of an offense.

Actus Reus

The external elements of a crime (conduct, causation, result).

Conduct

Voluntary act, omission, or possession.

Voluntary Act

A willed movement; excludes automatism and coercion.

Omission

Failure to act where there's a duty; can be a form of liability.

Possession

Status or relationship with an object; can be a crime or liability mode.

Circumstances

Conditions that must exist alongside conduct/result.

Causation

Links conduct to result in result crimes.

Sine Qua Non Test

Factual causation: would the result have occurred but for the act?

Proximate Cause

Legal causation; must be closely connected to the result.

Result

The outcome of conduct in result crimes.

Subjective Elements

Mental state of the offender (mens rea).

Mens Rea

Culpable mental state in relation to actus reus elements.

Purpose/Intent (US)

Conscious goal to engage in conduct or cause result in the U.S.

Knowledge (US)

Awareness that conduct will almost certainly cause result in the US

Recklessness (US)

Conscious disregard of substantial risk in the US

Negligence (US/Germany)

Failure to perceive risk one should have (US), or reliance that harm won't occur (Germany).

Dolus Directus (Germany)

Intention; first degree (desire result), second degree (certainty of result).

Dolus Eventualis (Germany)

Awareness and acceptance of risk (conditional intent) in germany

Strict Liability

Liability without mens rea; generally limited in German law.

Absence of Defenses

Liability depends on no valid defenses existing.

Defenses

Conditions that negate criminal liability.

Justifications

Lawful reasons making conduct non-wrongful.

Excuses

Conduct is wrongful, but actor is not culpable.

Self-Defense (US/Germany)

Use of force to avert present unlawful attack.

Necessity (Germany)

Justification or excuse based on emergency and proportionality in Germany

Duress (US/Germany)

Excuse due to coercion or threat making resistance unreasonable.

Consent (US/Germany)

Can negate offense or justify conduct in; has legal limits.

Insanity (US/Germany)

Incapacity to know or control actions due to mental illness.

Intoxication (US/Germany)

May negate mens rea; partial or complete excuse in Germany and the US

Wrongfulness (Germany)

Second step; assesses whether the offense is unjustified in Germany.

Criminality (US)

First step; evaluates if conduct fits an offense in US.

Illegality (US)

Second step; considers justifications in the US.

Burden of Proof

Prosecution must prove offense (US); all elements (Germany).

Beyond Any Reasonable Doubt (BARD)

Criminal conviction standard in US.

In Dubio Pro Reo

German principle: doubt benefits the defendant.

Punishment

Pain or deprivation imposed for legal violations by a legal authority.

Functions/Justifications of Punishment

Communicative, protective, reintegrative, denunciatory, retributive, utilitarian.

Retributivism

Punishment as deserved response to wrongdoing.

Utilitarianism

Punishment as means to future benefits (deterrence, rehab, incapacitation).

Mixed Theories

Combine retributive and utilitarian rationales.

Deterrence

Prevent future crimes (special/general).

Incapacitation

Prevent crime by removing offender from society.

Rehabilitation

Reform offender to prevent reoffending.

Proportionality

Punishment must match seriousness of offense.

Human Dignity

European limit on punishment; linked to rights and autonomy.

Cruel and Unusual Punishment (US)

Prohibited under Eighth Amendment.

Life Sentences

Indefinite imprisonment; must include resocialization prospects in Germany.

Parole

Conditional release before completing sentence.

Life Without Parole (LWOP)

No parole; limited for juveniles in US.

Capital Punishment (US)

Death penalty; limited to severe cases.

Abolition of Death Penalty (Europe)

Banned via ECHR protocols.

Aggravating Factors

Increase offense severity; higher proof standards in capital cases.

Mitigating Factors

Lessen severity or culpability; lower proof threshold.

Sentencing

Process of determining penalty; considers aggravating/mitigating factors.

Legality Principle

Criminal liability must be pre-defined by law.

Nullum Crimen Nulla Poena Sine Lege

"No crime or punishment without law."

Lex Scripta

Law must be written.

Lex Certa

Law must be clear and specific.

Lex Stricta

No analogical interpretation; must follow text.

Lex Praevia

No retroactive criminal laws.

Ex Post Facto Clause (US)

Constitutional bar on retroactive penal laws.

Territoriality Principle

Jurisdiction based on where crime occurred.

Nationality Principle

Jurisdiction based on offender’s nationality.

Protective Principle

Jurisdiction based on harm to national interests.

Universality Principle

Jurisdiction over universal crimes regardless of location.

Passive Personality Principle

Jurisdiction based on victim’s nationality.

Inchoate Offenses

Crimes involving incomplete or preparatory conduct.

Attempt

Effort to commit a crime that fails; requires substantial step (US).

Complete Attempt

All steps taken, but result fails.

Incomplete Attempt

Not all steps taken.

Impossible Attempt

Crime could not have occurred under any circumstances.

Substantial Step (US)

Conduct that confirms intent and nears completion in US.

Conspiracy

Agreement to commit a crime; requires overt act.

Solicitation

Encouraging or requesting another to commit a crime.

Participation/Complicity

Involvement in a crime via aiding or abetting.

Tatherrschaft (Germany)

"Control over the act"; distinguishes principals from accessories in Germany