Chapter 5 Terms Flashcards Preview

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

Flashcards in Chapter 5 Terms Deck (23):
1

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

causation

2

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

cause in fact

3

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

circumstantial evidence

4

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

coincidental intervening act

5

a criminal intent must trigger and coincide with a criminal act

concurrence

6

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

constructive intent

7

the intent to achieve a specific result

crimes of cause and result

8

an intent to commit an actus reus

general intent

9

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

intervening cause

10

awareness that conduct is practically certain to cause a result

knowingly

11

the mental element of a crime

mens rea

12

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

negligently

13

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

proximate cause

14

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

public welfare offense

15

a conscious intent to cause a particular result

purposely

16

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

recklessly

17

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

responsive intervening act

18

guilty knowledge

scienter

19

a mental determination to accomplish a specific result

specific intent

20

a crime that does not require a criminal intent

strict liability

21

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

transferred intent

22

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

willful blindless

23

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

year-and-a-day rule