Crimal Justice mid term

criminal and civil law

the body of circumstances that must exist for a criminal act to have occurred

• 1. Guilt intent
• 2. concurrence 
• 3. guilty act 
• 4. causation
• 5. attendant circumstances
• 6. resulting harm done or damages

mens rea

actus reus

guilt act and intent must occur together

the link between act and crime

accompanying factors relevant to the crime

• 1. the defendant is not responsible for the crime
• 2. the defendant was justified in committing the crime

• m'naughten rule ( right from wrong test)
• substantial capacity test

a person is not responsible for criminal behavior if when committing the act " as a result of mental disease" or defect he or she lacks substantial capacity either to appreciate the wrongfullness  of his or her conduct

• 1. duress
• 2.necessity 
• 3.entrapment
• 4.self defense

legally recognized privilege to protect one's self or property from injury from another

a justification defense that the criminal law allows when a police officer or government agent ENCOURAGES a defendant to commit a crime that they would not otherwise have committed

serves as the basis for procedural safeguard of the accused in the U.S

4th amendment

provides protection from unreasonable searches and seizures

• 1. duress
• 2.self defense
• 3.necessity
• 4.entrapment

based on the defendant admitting that he or she committed the criminal act but asserting that under the circumstances the criminal act was justified

• 1. age/ infancy
• 2.insanity
• 3.intoxication
• 4.mistake

based on the defendant admitting that he or she committed the criminal ct but asserting that he or she cannot be criminally responsible for the act due to a lack of intent