four elements of a crime
Mens Rea
Actus Reus
Causation
Concurrence
mens rea
the mental requirement in criminal law, aka the guilty mind
four categories of mens rea
intent
knowledge
recklessness
criminal negligence
intent
the conscious desire to commit an illegal act
knowledge
a person is aware that their actions will have negative results but does not care
recklessness
consciously taking a risk that a responsible person would not take
criminal negligence
a person's failure to meet a reasonable standard of care for the lives and safety of others
actus reus
the physical part of a crime, or the guilty act; typically describes what the defendant must do
omission
failing to preform an act required by criminal law, if a person is physically able to preform the act
state of being/affairs
an offense in which a person is not actively committing the act, but is still in violation of the law
causation
the defendant's conduct must be linked to the resulting harm
cause and fact
the harm caused would not have occurred if the defendant had not acted the way they did
proximate cause
the defendant should have been able to foresee the consequences of their actions
concurrence
mens rea and actus reus must take place simultaneously, meaning the criminal must have had intent while committing the guilty act
motive
the reason why an illegal act was preformed
strict liability offenses
are crimes regardless of a guilty state of mind, meaning they only need an actus reus, not a mens rea
battery
any unlawful physical contact inflicted by one person upon another without consent; actual injury is not necessary, the only requirement is the intention to do bodily harm
assault
any attempt or threat to carry out a physical attack upon another person
stalking
a person repeatedly follows or harasses another person and makes threats, causing the victim to fear death or bodily injury
rape
the act of unlawful sexual intercourse committed by a man with a woman by force or without her consent
statutory rape
sexual intercourse by a man with a woman who has not yet reached the legal age of consent
sexual offense
same as statutory rape except victim is a male
most serious type of criminal homicide
murder which is done with malice
malice
the intent to kill or seriously harm or acting in an extremely reckless manner
first-degree murder
killing that is premeditated and done with malice
second-degree murder
killing that is done with malice, but without premeditation or deliberation
felony murder
any killing that takes place during the commission of certain felonies, such as arson, rape, robbery, or burglary
voluntary manslaughter
a killing that would otherwise be murder, but that occurs after the victim has done something to the killer that would cause a reasonable person to lose self-control or act rashly
involuntary manslaughter
an unintentional killing resulting from conduct so reckless that it causes extreme danger of death or bodily injury
negligent homicide
the causing of death through criminal negligence or the failing to exercise a reasonable or ordinary amount of care in a situation that causes extreme harm to someone
noncriminal homicide
killing that is justifiable or excusable and for which the killer is deemed faultless
ten steps in a trial
1. crime occurs
2. investigation
3. arrest
4. booking
5. initial appearance
6. preliminary hearing
7. bail or detention
8. pre-trial activities
9. trial or guilty plea
10. sentencing
preliminary hearing
may be used instead of a grand jury in 50% of states; if a judge deems it necessary, at this point, the grand jury will meet to decide whether or not the subject will stand trial; if the grand jury decides that they should, the subject is indicted
pre-trial activities
plea bargains, motions
sentencing
probation
prison
death penalty
acquittal
probation
if violated, the defendant must go to prison
prison
after a successful sentence is completed, parole may be assigned; if parole is violated, the defendant will go back to prison
crime
an act that breaks a law and causes harm to people or society in general
booking
the formal process of making a record of an arrest; accused will be finger printed and photographed and may have their blood/urine tested
during booking, accused must provide
name
date of birth
address
employer
details of previous arrests
in felony case after initial appearence
it goes to preliminary hearing where prosecutor must establish that the accused probably committed the crime using witnesses and physical evidence; if accused is arraigned, they may enter a plea
grand jury
meets to decide whether or not there is sufficient evidence for the accused to stand trial; receive evidence from prosecution and can question witnesses
indictment
signed by grand jury if they decide there is enough evidence for the accused to stand trial
after preliminary hearing
defendant either sentenced to detention (jail) or let out on bail
conspiracy
an agreement between two or more persons to engage jointly in an unlawful or criminal act, or an act that is innocent in itself but becomes unlawful when done by the combination of actors
burglary
the criminal offense of breaking and entering a building illegally for the purpose of committing a crime
felony
a serious crime, characterized under federal law and many state statutes as any offense punishable by death or imprisonment in excess of one year
extortion
the obtaining of property from another induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right
sexual assault
any type of sexual contact or behavior that occurs without the explicit consent of the recipient
forgery
the creation of a false written document or alteration of a genuine one, with the intent to defraud
larceny
the unauthorized taking and removal of the Personal Property of another by an individual who intends to permanently deprive the owner of it; a crime against the right of possession
receiving stolen property
the offense of acquiring goods with the knowledge that they have been stolen, extorted, embezzled, or unlawfully taken in any manner
suicide
the deliberate taking of one's own life
tobacco sales to minors
no federal law that prevents this, but the Federal Department of Health and Human Services can withhold grant money to any state that does not have laws prohibiting it; all 50 states, including the District of Columbia, have laws in place that make it ill
unauthorized use of a motor vehicle
refers to the use of a motor vehicle for a person's own purpose without the consent of the owner; the vehicle is used or retained for purposes not consented or authorized by the owner
uttering
passing or making use of a forged writing or document with knowledge of its forged nature
accused
the defendant in a criminal case; person becomes accused within the meaning of a guarantee of speedy trial only at the point at which either formal indictment or information has been returned against him or her, or when he or she becomes subject to actual
hacking
the deliberate and unauthorized access, use, disclosure, and/or taking of electronic data on a computer and is covered under federal and varied state criminal statutes