03 Criminal Law and Criminal Liability Free Online FlashCards

How does a criminal prosecution differ from a civil lawsuit?

A criminal prosecution is brought by the government for a public offense; a civil lawsuit usually resolves a dispute between private parties.

What are the chief sources of U.S. criminal law?

U.S. criminal law comes chiefly from constitutions and statutes. Courts interpret those laws, and their decisions create precedent.

Why does jurisdiction matter in criminal law?

Criminal law varies across states and between state and federal systems, so the applicable statute and jurisdiction matter.

What does the legality principle prohibit?

Legality requires criminal liability to rest on a law that existed when the conduct occurred. The government cannot retroactively criminalize lawful conduct or increase its punishment.

What must the prosecution prove to convict?

The prosecution generally must prove every element of the charged offense beyond a reasonable doubt.

What does actus reus generally require?

Actus reus is the conduct element: generally a voluntary act. A reflexive movement ordinarily does not qualify as a voluntary act.

When can a failure to act satisfy actus reus?

An omission can satisfy the conduct element in limited circumstances when the person had a legal duty to act.

What is mens rea, and what four states of mind are commonly distinguished?

Mens rea is the culpability required by an offense. A common framework distinguishes purposely, knowingly, recklessly, and negligently acting.

What are attendant circumstances in an offense?

Attendant circumstances are facts that must exist for conduct to be criminal, such as the property belonging to another person in a theft offense.

What must be shown when an offense requires a particular result?

When an offense requires a particular result, the prosecution must establish the required causal connection between the defendant’s conduct and that result.

What is strict liability, and when should it not be assumed?

For strict-liability elements, the prosecution need not prove a culpable mental state. Strict liability depends on the statute and its interpretation; silence about intent alone does not establish it.

What does a justification defense claim?

A justification claims the conduct was legally permissible in the circumstances. Self-defense may justify reasonable force against an imminent unlawful threat, subject to jurisdiction-specific rules.