CH. 10 Flashcards

1
Q

accessory after the fact

A

One who receives, relieves, comforts, or assists another, with knowledge that the
other has committed a felony.

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2
Q

accessory before the fact

A

One who procures, counsels, or commands another to commit a felony, but who is
not present when the felony is committed

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3
Q

accomplice

A

Anyone who takes part with another in the commission of a crime.

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4
Q

actus reus

A

A voluntary act.

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5
Q

aiding and abetting

A

Participating in a crime by giving assistance or encouragement

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6
Q

alibi

A

A defense that places the defendant in a different place than the crime scene so that it
would have been impossible for the defendant to have committed the crime.

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7
Q

common law

A

The statutory and case law used in England and in the American Colonies before the
American Revolution.

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8
Q

conspiracy

A

The getting together of two or more people to plan and accomplish some criminal or
unlawful act.

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9
Q

constructively

A

Made so by legal interpretation.

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10
Q

cybercrime

A

any illegal activity carried out using computers or the internet

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11
Q

cyberlaw

A

laws, or a specific law, relating to internet and computer offenses, especially fraud or copyright infringement.

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12
Q

defense

A

Evidence offered by a defendant to defeat a criminal charge or civil lawsuit.

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13
Q

double jeopardy

A

Tried twice for the same offense.

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14
Q

entrapment

A

A defense that may be used when a police officer induces a person to commit a crime
that the person would not have otherwise committed.

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15
Q

exclusionary rule

A

Evidence obtained by an unconstitutional search or seizure that cannot be used at the
trial of a defendant.

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16
Q

ex post facto

A

After the fact.

17
Q

felony

A

a crime, typically one involving violence, regarded as more serious than a misdemeanor, and usually punishable by imprisonment for more than one year or by death

18
Q

fruit of the poisonous tree doctrine

A

Evidence generated or derived from an illegal search or seizure that cannot be used at
the trial of a defendant.

19
Q

good faith exception to the exclusionary rule

A

Evidence discovered unlawfully by officers under the reasonable but mistaken belief
that a search was valid can be used in court.

20
Q

high treason

A

Acts against the king (under the English common law).

21
Q

hot pursuit doctrine

A

A search warrant that is not needed when police pursue a fleeing suspect into a pri
vate area.

22
Q

illegal profiling

A

A law enforcement action, such as a detention or arrest, based solely on the race, reli
gion, national origin, ethnicity, gender, or sexual orientation of the person charged.

23
Q

incarceration

A

the state of being confined in prison; imprisonment

24
Q

insanity

A

A defense available to mentally ill defendants who can prove that they did not know
the difference between right and wrong or did not appreciate the criminality of their
conduct.

25
intoxication
Under the influence of alcohol or drugs—a defense that rarely works.
26
mala in se
Wrong in and of itself.
27
mala prohibita
Prohibited wrong
28
mens rea
Criminal intent.
29
misdemeanor
A minor crime; not a felony.
30
penal laws
Laws that impose a penalty or punishment for a wrong against society.
31
petit treason
Acts against one’s master or lord (under the English common law).
32
plain view doctrine
A search warrant is not needed to seize items out in the open, able to be seen by a lawfully positioned police officer.
33
gg. principal in the first degree
One who actually commits a felony.
34
hh. principal in the second degree
35
prosecutor
The person who brings charges against those whom the police have arrested for crimes.
36
search warrant
A written order of the court authorizing law enforcement officers to search and seize certain property.
37
self-defense
An excuse for the use of force in resisting attack.
38
stop and frisk rule
A rule that allows police officers who believe a person is acting suspiciously and could be armed to stop and check the suspect without a search warrant.
39
treason
Levying war against the United States or giving aid and comfort to its enemies.