Module 1 Flashcards
(25 cards)
What is the definition of crime?
Crime is an act or omission that violates the law and is punishable by the state.
What are the two main elements of a crime?
The two main elements of a crime are the actus reus (the guilty act) and the mens rea (the guilty mind).
True or False: Intent is a necessary element of a crime.
True
What does actus reus refer to?
Actus reus refers to the physical act or conduct that constitutes a criminal offense.
What does mens rea refer to?
Mens rea refers to the mental state or intent of the person committing the crime.
Fill in the blank: Crime is an act or omission that violates the _____ and is punishable by the state.
law
What is the Latin term for ‘guilty act’?
Actus reus
What is the Latin term for ‘guilty mind’?
Mens rea
What are the three main categories of crime based on severity?
The three main categories are infractions, misdemeanors, and felonies.
Which category of crime is the least severe?
Infractions
Which category of crime is the most severe?
Felonies
True or False: Strict liability crimes do not require proof of intent.
True
What is the difference between a felony and a misdemeanor?
Felonies are more serious crimes punishable by imprisonment for more than a year, while misdemeanors are less serious crimes with shorter sentences.
What is the punishment for an infraction?
Typically a fine or a warning, but no jail time.
What is the punishment for a misdemeanor?
Misdemeanors are usually punishable by less than a year in jail.
What is the punishment for a felony?
Felonies are punishable by imprisonment for more than a year, sometimes even life in prison.
What are the four main types of mens rea?
The four main types are purposeful, knowing, reckless, and negligent.
Which type of mens rea involves a conscious desire to achieve a specific result?
Purposeful mens rea
Which type of mens rea involves awareness and understanding of the nature of one’s actions?
Knowing mens rea
Which type of mens rea involves disregarding a substantial and unjustifiable risk?
Reckless mens rea
Which type of mens rea involves failing to be aware of a substantial and unjustifiable risk?
Negligent mens rea
What is the legal principle that a person cannot be punished for a crime if the action was not voluntary?
The principle of voluntariness
What is the term for a crime that is committed without intent, recklessness, or negligence?
Strict liability crime
What is the term for a crime that is punishable by death in some jurisdictions?
Capital offense