Chapter 9 Flashcards
(34 cards)
Code of ur-namma
Earliest known written set of laws
Substantive criminal law
The rules of what one must do or not do
Code of Hammurabi
A codification of ancient Babylonian laws
Lex talionis
Eye for an eye
Restitution
Payment of money to the victim
Trial by ordeal
The accused made to hold a burning object, and the verdict would depend on the degree of injury
Magma carta
Formed the basis of due process for the us law
Model penal code
Basis for the revision to criminal laws in two thirds of the American states
Actus Reus
Evil act
A criminal act
Mens rea
Evil mind
The intent to commit a criminal act
Strict liability
Offenses that are punished without regard to the actors state of mind
Attendant circumstances
The circumstances that must surround the occurrence of an Actus Reus
Result
That which occurs due to the Actus Reus
Cause in fact
What we normally think of as causing
The person did something to cause the result
Proximate cause
Concerned with whether there were any other causes that contributed to the result
Crimes against the person
Crimes in which people are physically victimized
Crimes against property
Burglary, trespassing, fraud, etc
Most common type
Property is damaged
Inchoate crimes
Crimes that occur as part of the preparation for committing another crime
Defenses
The various reasons people should not be held criminally responsible for an action
Defenses of excuse
A defendant admits to having committed a crime, but only under special circumstances
Defenses of justification
Defendant admits to committing the act and with criminal intent, but the circumstances surrounding the act are justifiable
Procedural defenses
Technical defenses created under the law for public policy reasons
Symbolic speech
Protected by the first amendment
Conduct that expresses an idea or opinion, depending on the circumstances
Overbreadth
Occurs when a law sweeps unnecessarily broadly and thereby invades the area of protected freedoms
