Chapter 5 Terms Flashcards Preview

Criminal Justice 130 Survey of Criminal Law > Chapter 5 Terms > Flashcards

Flashcards in Chapter 5 Terms Deck (23)
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1
Q

there must be a connection between an act and the resulting prohibited harm

A

causation

2
Q

the defendant must be shown to be the “but for” cause of the harm or injury

A

cause in fact

3
Q

evidence that indirectly establishes that the defendant possessed a criminal intent or committed a criminal act

A

circumstantial evidence

4
Q

a defendant’s criminal act results in the victim being at a particular time and being impacted by an independent intervening act. The defendant is responsible for foreseeable coincidental intervening acts

A

coincidental intervening act

5
Q

a criminal intent must trigger and coincide with a criminal act

A

concurrence

6
Q

individuals who act in a gross and wantonly reckless fashion are considered to intend the natural consequences of their actions and are guilty of willful and intentional battery or homicide

A

constructive intent

7
Q

the intent to achieve a specific result

A

crimes of cause and result

8
Q

an intent to commit an actus reus

A

general intent

9
Q

a cause that occurs between the defendant’s criminal act and a social harm

A

intervening cause

10
Q

awareness that conduct is practically certain to cause a result

A

knowingly

11
Q

the mental element of a crime

A

mens rea

12
Q

a failure to be aware of a substantial and unjustifiable risk that constitutes a gross deviation from the standard of care that a reasonable person would observe in the actor’s situation

A

negligently

13
Q

the legally responsible cause of a criminal harm; may involve policy considerations

A

proximate cause

14
Q

regulatory offenses carrying fines that typically do not require a criminal intent

A

public welfare offense

15
Q

a conscious intent to cause a particular result

A

purposely

16
Q

conscious disregard of a substantial and unjustifiable risk that constitutes a gross deviation from the standard of conduct that law abiding person would observe in the defendant’s situation

A

recklessly

17
Q

a defendant’s criminal act leads to an act undertaken by the victim in reaction to the threat. An unforeseeable and abnormal responsive act limits the defendant’s criminal liability

A

responsive intervening act

18
Q

guilty knowledge

A

scienter

19
Q

a mental determination to accomplish a specific result

A

specific intent

20
Q

a crime that does not require a criminal intent

A

strict liability

21
Q

what occurs when the intent to harm one individual is transferred to another

A

transferred intent

22
Q

knowledge is imputed to individuals who consciously avoid awareness in order to avoid criminal responsibility

A

willful blindless

23
Q

common law requirement, being abandoned by many states, that limits liability for homicide to a year and a day

A

year-and-a-day rule