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Questions and Answers
What term refers to the physical act or thing that constitutes a crime?
What term refers to the physical act or thing that constitutes a crime?
- Burden of Proof
- Actus Reus (correct)
- Sanction
- Mens Rea
Which type of proof is required to convict someone of a crime beyond a reasonable doubt?
Which type of proof is required to convict someone of a crime beyond a reasonable doubt?
- Preponderance of evidence
- Clear and convincing evidence
- Beyond a reasonable doubt (correct)
- Balance of probabilities
Which of the following crimes requires proof of both actus reus and mens rea?
Which of the following crimes requires proof of both actus reus and mens rea?
- Attempted murder
- Manslaughter
- Assault (correct)
- Incarceration
What is generally needed to establish mens rea in relation to a crime?
What is generally needed to establish mens rea in relation to a crime?
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Which of the following sanctions can result from criminal behavior?
Which of the following sanctions can result from criminal behavior?
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Study Notes
Consequences
- Fines are a potential consequence for misdemeanors.
- Incarceration is a potential consequence for felonies.
- Suspension is a potential consequence for both.
Burden of Proof
- Beyond a reasonable doubt is the standard of proof in criminal cases.
- Balance of probabilities (50% + 1) is the standard of proof in civil cases.
Elements of a Crime
- Actus reus refers to the physical act or conduct of the crime.
- Mens rea refers to the mental state or intent of the perpetrator.
- Both actus reus and mens rea must be proven to establish guilt in a criminal case.
Bertuzzi Case
- Bertuzzi was charged with multiple offenses related to an assault on an opposing player.
- Assault charges require proof of both actus reus and mens rea.
- Attempted murder charges require proof of intent, which was not established in this case.
- Manslaughter charges require proof of the actus reus, but not necessarily intent.
- Aggravated assault charges require proof of both actus reus and mens rea.
Implied Consent Doctrine
- Not relevant to the provided text.
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