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38 Cards in this Set
- Front
- Back
Adversarial System
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In-court arrangements that pit the prosecution against the defense in the belief that the truth can best be realized through effective debate over the merits of the opposing sides
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Advocacy Model
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A perspective that holds that the greatest number of just and equitable resolutions of all criminal cases occurs when both sides are allowed to argue their cases effectively and vociferously
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Burden of Proof
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the mandate, operative in the American criminal courts that the accused is innocent until proven guilty. The procecution is required to prove the defendents guilt beyond a reasonable doubt
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Reasonable Doubt
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(in legal proceedings) an actual and substantial doubt arrising from the evidence
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Reasonable Doubt standard
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the standard of proof necessary for conviction in criminal trials
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Preponderance of the Evidence
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A standard for determing legal liability that requires a probability
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Clear and Convincing Evidence
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The level of factual proof used in civil cases involving personal
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Criminal Liability
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the degree of blameworthiness assigned to a defendent by a criminal court and the concomitant extent to which the defendent is subject to penalties prescribed by the criminal law
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Elements of Crime
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(1) the basic components of crime (2) in a specific crime, the essential features of that crime as specified by law or statute
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Conduct
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in the criminal law, behavior and its accompaning mental state
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Actus Reus
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An act in violation of the law; a guilty act
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knowing possession
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possession with awareness of what one possesses
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Mere Possession
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possession in which one may or may not be aware of what he or she possesses
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Actual Possession
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Possession in the which one has direct physical control over the object or objects in question
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constructive possession
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the abilty to exercise control over property and objects even though they are not in one's physical custody
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Mens Rea
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the specific mental state operative in the defendant at the time of the crime; a guilty mind
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Criminal Negligence
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(1) behavior in which a person fails to reasonably perceive substantial and unjustifiable risk (2) negligence of such a nature and to such a degree that it is punishable as a crime (3) flagrant and reckless disregard fr the safety of othersand welfare of others
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Intentional Action
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that which is undertaken volitionally to achieve some goal
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General Intent
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that form of intent that can be assume from the defendants behavior. general intent refers to an actor's physical conduct
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General intent crimes
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those particular forms of voluntary behavior that are prohibited by law
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specific intent
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a thoughtful conscious intention to perform specific act in order to achieve a particular result
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specific intent crime
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literally, crimes that require a specific intent, generally speaking specific intent crimes involve a secondary purpose
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Knowing behavior
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action undertaken with awareness
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scienter
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knowledge; guilty knowledge
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Reckless Behavior
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actiivity that increases the risk of harm
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motive
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a persons reason for committing a crime
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strict liability
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liability without fault or intention strict liabiliy offenses do not require mens rea
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Concurrence
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the stimultaneous coexistence of an act in violation of the law and a cupable mental state
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corpus delicti rule
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a principle of law that says an out of court confession unsupported by other facts, is insufficient to support a criminal conviction
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causation in fact
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an actual link between an actor's conduct and a result
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proximate cause
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the primary or moving cause that plays a substantial part in bringing about injury or damage. it may be a first cause that sets in motion a string of events whose ultimate outcome is reasonably foreseeable
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but for rule
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a method for determining causility which holds that "without this, that would not be" or "but for the conduct accused, the harm in question would not have occurred"
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legal cause
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a legally recognizable cause, the type of cause that is required to be demostrated in court in order to hold an individual criminally liable for causing harm"
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Harm; resulting harm
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Loss, disadvantage, or injury or anything so regurded by the person affected, including loss, disadvantage or injury to any other person whose welfare he is interested
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principle of legality
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anaxiom that hols that behavior cannot be criminal if not law exists that defines it as such
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Ex Post facto
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formulated, enacted or operating retrospectively; litally "after the fact"
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Attendant circumstances
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the facts surrounding an event
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Degree
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the level of seriousness of an offense
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