Flashcards in Chapter 5 powerpoint pt. 2 Deck (39):
______ ________ is any offense that does not require intent.
Strict liability is any offense that does not require ______.
When it comes to _____ ________ only an act is required.
When it comes to strict liability only an ____ is required.
True or False: Strict liability offenses posses a danger to a large number of people.
When it comes to strict liability, the risk of convicting an innocent is outweighed by?
the public interest in preventing social harm.
When it comes to strict liability, the public interest in preventing social harm outweighs?
the risk of convicting an innocent
True or False: Strict liability punishments are very major.
False; Punishments are relatively minor.
True or False: Strict liability convictions can harm defendants' reputation.
False; Convictions do not harm defendants’ reputation.
Strict liability offenses have their origin in the industrial development of the U.S. in the middle of the ___th century.
Strict liability offenses have their origin in the ________ __________ of the U.S. in the middle of the 19th century.
_____ _______ offenses have their origin in the industrial development of the U.S. in the middle of the 19th century.
What are was the goal of public welfare offenses?
They were intended to protect society against impure food, defective drugs, pollution, and unsafe working conditions, trucks, and railroads.
Strict liability distinguishes between _____ _________ (an act is wrong because it is prohibited) offenses and _____ ___ ___ offenses se (inherently wrongful, such as rape, robbery, and murder).
mala in se
What happened in the State v. Walker case?
Defendant Walker was convicted of breaking and entering a corncrib belonging to Noadiah Woodruff and Robert Peeples, to secret away corn in April or My 1878.
__________ must be proved beyond a reasonable doubt.
Concurrence must be proved _______ __ _________ ______.
beyond a reasonable doubt
__________ is the link required between the criminal act and intent.
Concurrence is the link required between the criminal ____ and ______.
What is chronological concurrence?
Chronological concurrence – criminal intent must exist at the same time as a criminal act
Causation is important to ensure individual ___________, and to ensure fairness of ___________.
_________ is important to ensure individual responsibility,
and to ensure ________ of punishment.
In order to prove causation the criminal act must cause a particular _____ or ______.
In order to prove _________ the criminal act must cause a particular harm or result.
________ must be proved beyond a reasonable doubt.
Causation must be proved _______ __ _________ _____.
beyond a reasonable doubt.
What happened in State v. Rose?
-The Defendant, Henry Rose, was charged with manslaughter after he struck the victim, David J. McEnery, with his car and drove away with the victim wedged underneath the automobile
-The state would have to prove that the victim was still alive when the Defendant improperly drove away and that the Defendant’s now-negligent actions in fleeing the scene caused the victim’s death.
-The evidence did not conclusively prove when death occurred. Therefore, the Defendant cannot be liable for death.
Intervening causes of harm may remove responsibility from the defendant in which two kind of acts?
(1) coincidental intervening acts
(2) responsive intervening acts
What is the difference between Coincidental Intervening Acts and Responsive Intervening Acts?
(1) Coincidental Intervening Acts-A defendant is not considered legally responsible for a victim’s injury or death that results from an unforeseeable coincidental intervening act
(2) Responsive Intervening Acts- Based on the foreseeability of a victim’s response to a perpetrator’s act; A defendant is liable for foreseeable responsive intervening acts
_________ _______ – outside factors that causes a victim’s death.
What are the two type of acts in determining intervening causes?
(1) Coincidental Intervening Acts
(2) Responsive Intervening Acts
__________ ________ ____ aka independent intervening cause; and Responsive Intervening Acts aka dependent intervening act.
Coincidental Intervening Acts
Coincidental Intervening Acts aka independent intervening cause; and __________ __________ ____ aka dependent intervening act.
Responsive Intervening Acts
Coincidental Intervening Acts aka __________ _________ ______; and Responsive Intervening Acts aka dependent intervening act.
independent intervening cause
Coincidental Intervening Acts aka independent intervening cause; and Responsive Intervening Acts aka __________ _________ ____.
dependent intervening act
________= cause in fact + legal or proximate cause
Causality= ______ __ ____ + legal or proximate cause
cause in fact
Causality= cause in fact + ______ ___ ________ _____
legal or proximate cause