chap 7 Flashcards
use immunity
allows that the statements made by the witness may not be used in subsequent prosecutions.
a witness can be prosecuted for the crimes which they testified if other evidence is used to convict them
corpus delict
In all criminal cases, the government must prove that the crime charged was committed (corpus delicti) and that the defendant was party to the crime (committed the crime or was an accomplice).
transactional immunity
Total or full immunity for the criminal offense
coercion
A person who forces (coerces) another to commit a crime can be charged and convicted of the crime committed in addition to other offenses.
immunity
exemption from penalties, payments
exemption from legal requirements, granted by authorities or statutes.
Dual Sovereignty Doctrine
A doctrine that different governments may each file separate criminal actions for the same criminal act.
necessity
A defense to criminal prosecution on the grounds that the harm to be avoided outweighed the harm caused by the crime committed. Necessity will not justify taking another person’s life.
duress
A defense to criminal prosecution on the grounds that the defendant was forced to commit the criminal act.
entrapment
The defense that a law enforcement officer used excessive temptation or urging to wrongfully induce the defendants to commit a crime they would not have ordinarily committed.
“dual sovereignty” doctrine
A doctrine that different governments may each file separate criminal actions for the same criminal act
double jeopardy
when the defendant has been tried before on the same charge, and acquitted.
affirmative defense
Exists when the defendant generally admits to the crime but demonstrates an acceptable defense such as:
entrapment or duress
mistake of law
A claim by a defendant that the defendant did not know the action taken violated the criminal law.
statutes of limitations
statute that sets the maximum time the government has to prosecute a violation of a criminal law.
