Term
| The general puproses of the provisions governing the definition of offenses are: |
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Definition
- to forbid an prevent conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to an individual or public interest
- to subject to public control persons whose conduct indicates that they are disposed to commit crimes
- to safeguard conduct that is without fault from condemnation as criminal
- to give fair warning of the nature of hte conduct declared to constitute an offense
- to differentiate on reasonable grounds between serious and minor offense
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Term
| The general purpose of the provisions governing the sentencing and treatment of offenders are: |
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Definition
- to prevent the commision of offenses
- to promote the correction and rehabilitation of offenders
- to safeguard offenders against excessive, disproportionate or arbitrary punishment
- to give fair warning of hte nature of the sentences that may be imposed on conviction of an offense
- to differentiate among offenders with a view to a just individualization in their treatment
- to define, coordinate and harmonize the powers, duties and the functions of the courts and of administrative officers and agencies responsible for dealing with offenders
- to advance the use of generally accepted scientific methods and knowledge in the sentencing and treatment of offenders
- to integrate responsibility for the administration of the correctional system in a State Department of Correction
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Term
| How are crimes classified |
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Definition
| felonies, misdemeanors, or petty misdemeanors |
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Term
| What constitutes a crime? |
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Definition
| An offense defined by this Code or by any other statute of this State, for which a sentence of (to death or) to imprisonmentis authorized |
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Term
| When is a crime designated a felony? |
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Definition
| It is designated as a felony if it is so designated in this Code or if persons convicted thereof may be sentenced (to death or) to imprisonment for a term that, apart from an extended term, is in excess of one year. |
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Term
| When is a crime designated a misdemeanor? |
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Definition
| A crime is designated as a misdemeanor if it is so designated by this Code or in a statute other than this Code enacted subsequent thereto. |
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Term
| When is a crime considered a petty misdemeanor? |
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Definition
| A crime is considered a petty misdemeanor if it is so designated in this Code or in a statute other than this Code enacted subsequent thereto or if it is defined by a statute other than this code that now provides that persons convicted thereof may be sentenced to imprisonment for a term of which the maximum is less than one year. |
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Term
| When an offense is a violation? |
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Definition
| defined by this Code or by any other statute of this State constitutes a violation if it is so designated in this Code or in the law defining the offense or if no other sentence that a fine, or fine and forfeiture of other civil penalty is authorized upon convictionor if it is defined by a statute other than this Code that now provides that the offense shall not constitute a crime. A violation does not constitute a crime and conviction of a violation shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense. |
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Term
| Any offense declared by law to constitute a crime, without specification of the grade thereof or of the sentence authorized upon conviction, is a.. |
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Definition
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Term
| includes the Constitution and a local law or ordinance of a policial subdivision of the state |
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Definition
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Term
| a bodily movement whether involuntary or voluntary |
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Definition
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Term
| Requirement of Voluntary Act under the gernealy principles of liability |
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Definition
- a person is not guilty of an offense unless his liability is based on conduct that includes a voluntary act or the omission to perform an act of which he is physically able
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Term
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Definition
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Term
| an action or omission and its accompanying state of mind, or where relevant, a series of acts and omissions |
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Definition
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Term
| a person guilty of an omission where relevant |
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Definition
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Term
| "omitted to act" where relevant |
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Definition
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Term
| any natural person and, where relevant, a corporation or an unincorporated association |
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Definition
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Term
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Definition
Such conduct or such attendant circumstances or such result of conduct; or
- is included in the description of the forbidden conduct in the definition of the offense; or
- establishes the required kind of culpability; or
- negatives an excuse or justification for such conduct;
- negatives a defense under the statute of limitations; or
- establishes jurisdiction or venue
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Term
"material element of an offense"
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Definition
| an element that does not relate exclusively to the statute of limitations, jurisdiction, venue, or to any other matter similarly unconnected with the harm or evil, incident to conduct, sought to be prevented by the law defining the offense, or the existence of a justification or excse for such conduct |
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Term
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Definition
- if the element involves the nature of his conduct or as a result therof, it is his conscious object to engage in conduct of that nature or to cause such a result; and
- if the element involves the attendant circumstances, he is aware of the existence of such circumstances or he believes that they exist
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Term
| intentionally or with intent |
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Definition
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Term
| a person acts knowingly when |
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Definition
- if the element involves the nature of his conduct or the attendent circumstances, he is aware that his conduct is of that nature or that such circumstance exists; and
- if the element involves a result of his conduct, he is aware that it is practically certain that his conduct will cause such a result.
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Term
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Definition
| when he cautiously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such nature and degree that, considering the nature and purpose of the actor's conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a law-abiding person would observe in the actor's situation |
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Term
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Definition
A person acts negligently with respect to a material element of an offense when he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such nature and degree that the actor's failure to perceive it, considering the nature and purpose of his conduct and the circumstances known to him, involves a gross deviation from, the standard of care that a reasonable person would observe in the actor's situation.
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Term
Reasonably believes or reasonable belief
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Definition
| a belief that the actor is not reckless or negligent in holding |
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Term
| Examples of non-voluntary acts (4) |
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Definition
- a reflex or convulsion
- a bodily movement during unconsciousness or sleep
- conduct during hypnosis or resulting from hypnotic suggestion
- a bodily movement that otherwise is not a product of the effort or determination of the actor, either conscious or habitual
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Term
| Liability for the commission of an offense may not be based on omission unaccompanied by action unless: |
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Definition
- the omission is expressly made sufficient by the law defining the offense; or
- a duty to perform the omitted act is otherwise imposed by law.
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Term
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Definition
| an act if the possessor knowingly procured or received the thing possessed or was aware of his control thereof for a sufficient period to have been able to terminate his possession. |
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