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"Good Samaritan" doctrin
doctrine that imposes a legal duty to render or summon aid for imperiled strangers.
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actus reus
the criminal act or the physical element in criminal liability.
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corpus delicti
the latin name for "body of the crime"
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mens rea
the "state of mind" the prosecution has to prove beyind a reasonable doubt; criminal intent from an evil mind; the mental element in crime, including purpose, knowledge, recklessness and negligence.
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actual possession
physical possession; onthe possessor's person
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American bystander rule
there's no legal duty to rescue or call for help to aid someone who's in danger even if helping poses no risk whatsoever to the potential rescuer.
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attendant circumstances element
an accompanying or accessory fact, event, or condition required for criminal liability.
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bad result crimes (result crimes)
serios crimes that include causing a criminal harm in addition to the conduct itself.
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concurrencr
the requirment that actus reus must join with mens rea to produce criminal conduct or that conduct must cause a harmful result.
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conduct crimes
crimes requiring a criminal act triggered by criminal intent.
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constructive possession
legal possession or custody of an item or substance
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criminal act
the physical element of criminal liability
-a bodily movement, muscular contraction
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criminal conduct elements
- 1. conduct that is
- 2. without justification and
- 3. without excuse
--criminal act+criminal intent
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criminal liability
actus reus, mens rea, concurrence, causation, and harmful result, which are the basis for the elements of crime the prosecution has to prove beyond a reasonable doubt.
--criminal conduct that qualifies for criminal punishment
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criminal liability analytical steps
- 1. Is ther criminal conduct?
- 2. Is the conduct justified?
- 3. Is the conduct excused?
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criminal omissions
- take two forms:
- -mere failure to act
- -failure to intervene in order to prevent a serious harm
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elements of a crime
the parts of a crime that the prosecution must prove beyond a reasonable doubt, such as actus reus, mens rea, concurrence, causation, and bad result
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failure to intervene (criminal omission)
one type of omission actus reus
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failure to report (criminal omission)
one type of actus reus
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knowing possession
awareness of physical possession
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legal duty (in criminal omission)
liability only for duties imposed by contract, statute, or "special relationships"
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legal fiction (in actus reus)
treating as a fact something that's not a fact if there's a good reason for doing so.
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manifest criminality
the requirement in law thae intentions have totuen into criminal deeds to be punishable.
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mere possession
physical possession
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one voluntary act is enough
conduct that included one voluntary act will satisfy the actus reaus requirement for criminal liabilty.
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principle of mens rea
the principle that to secure a conviction the prosecution has to prove the state of mind of a defendant at the moment the crime was committed.
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status (as actus reus)
who we are as opposed to what we do; a condition that's not an action can't substitute for action as an element in crime.
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elements of criminal conduct crimes
actus reus
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