LAW 293 Lecture Notes - Lecture 2: Actus Reus, Misdemeanor, Formal Charge
The standard that must be met by the prosecution's evidence in a criminal case: that there is no other
logical explanation, based on the facts, except that the defendant committed the crime
Plea Bargain
Agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser
offense to avoid having to stand trial for more serious offense.
Actus Reus
guilty conduct, literally means "bad act"
Misdemeanor
a crime or offense that is less serious than a felony; any minor misbehavior or misconduct
Felony
a crime regarded as more serious than a misdemeanor, and usually punishable by imprisonment for
more than two years or by death.
Mens Rea
The "guilty mind" necessary to establish criminal responsibility.
Intention
Absolute Purpose
Knowledge
The defendant knew what they were doing or what was going to happen and did not care about the
results.
Recklessness
a state of mind that pays no regard to the probable or possible injurious consequences of an act
Negligence
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Failure in following standard of care by failing to provide care, providing too much care (outside of your
scope of training), providing innapropriate care, or failing to prevent problems.
Interrogation
formal questioning by law enforcement
Search
A court order allowing law enforcement officers to search a suspect's home or business and take specific
items as evidence
Indictment
A formal charge by a grand jury
Retribution
The idea that punishments should make criminals pay for what they have done wrong
Incapacitation
The use of imprisonment or other means to reduce the likelihood that an offender will commit future
offenses
Specific Deterrence
A goal of criminal sentencing that seeks to prevent a particular offender from engaging in repeat
criminal acts
General Deterrence
A goal of criminal sentencing that seeks to prevent others from committing crimes similar to the one for
which a particular offender is being sentenced by making an example of the person sentenced
Rehabilitation
A program for reforming the offender to prevent later offenses
Appeal
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