Chapter 1-3 Flashcards
Conduct of violation of the criminal laws of a state, the fed gov, or a local jurisdiction, for which there is no legal justification or excuse
crime
“mens rea”
guilty mind
rights guaranteed to all members of American Society
bill of rights
law enacted in response to terrorist attacks 9/11
USA patriot act of 2001
individuals who seek to protect personal freedoms within the process of cj
individuals rights advocates
under certain circumstances involving a criminal threat to public safety
public order advocates
principle or fairness, ideal of moral equity
justice
civil law, procedure and array of procedures that deal with private rights
civil justice
embraces all aspects of civilized life and linked fundamental noticing of fairness and cultural beliefs
social justice
aspect of the system working together to achieve justice
consensus model
systems subcomponents function primarily to serve own interests
conflict model
doc issued by judicial officer permitting a LEO to perform a specific act and afford protection from damages.
warrant
$ or property pledged to the court or deposited w the court to release the suspect from custody
bail
facts and circumstance that would cause a reasonable person to believe that a crime was committed and a particular person comm the same crime
probable cause
3 main pleas
guilty, not guilty, no contest
serving 1 sentence after another
consecutive sentence
sentence served all at the same time
concurrent sentence
go to jail supervised
parole
outside world instead of jail
probation
criminal law, criminal procedure and that array of procedures and activities having to do w enforcement of law
criminal justice
legal proceedings protected by private rights after conviction
due process
statistics from law enforcement reports or individual crime records
ucr
source of info on criminal victimization data
ncvs
unlawful killing of 1 human by another
murder
planned or premeditated murder
1st degree
intentional and unlawful killing (heat of the moment)
2nd degree
unintentional murder or accident
3rd degree
least reported crime
rape
unlawful taking or attempting of property by force or threat
robbery
rule of conduct found enacted in the form of a statie which proscribes or mandates forms of behavior
law
law originating from usage and custom rather than from written statues (type of law)
common law
law written of codified law; “law on the books” as enacted by a gov body or agency having the power to make laws (type of law)
statutory law
body of judicial precedent, historically built upon legal reasoning and past interpretations of statutory laws which serves as a guide to decision making in the courts (type of law)
case law
belief that an orderly society mu be governed by established principles and known codes
rule of law
law branch of modern law which concerns itself with offenses committed against society and property (type of law)
criminal law
part of the law that defines crimes and specifies punishments (type of law)
substantive law
acceptable methods for dealing w violations of substantive laws, withing the context of a judicial setting(type of law)
procedural law
regulating noncriminal relationships between and among persons, businesses, and agencies of the gov (type of law)
civil law
wrongful action damage, or injury not involving a breach of contract
tort
body of regulations which have been created by gov to control the activities of industry, business, and individuals; health codes, building codes, pollution, etc (type of law)
administrative law
refers to accumulated wisdom of trial and appellate courts in criminal civil and administrative law (type of law)
case law
principle of recognizing previous decisions as ___________ to guide future deliberations is called stare decisis
precedents
criminal offense punishable by death or incarceration for atleast a year (rape, murder robbery)
felonies
offense punishable by incarceration under a year or less
misdemeanor
minor violation of state or local ordinance usually punishable by fine or limited imprisonment (littering, underage, public drunk)
infraction
philosophy of law’ science and study of the law
jurisprudence
1.criminal act
2.culpable mental state
3.conccurence of the two
crime elements
guilty act
actus reus
guilty mind
mens rea
4 types of mens rea
intentional, knowing, reckless, negligent
behavior in which a person reasonably perceives substantial and unjustified risks of dangerous consequences
criminal negligence
“body of crime”
corpus delecti
4 broad categories that a person should not be held liable for a charge
alibi, justifications, excuses, procedural defenses
statement of contention by an individual charged w a crime that he or she was distant from the crime
alibi
category of legal defenses in which the defendant admits committing the act in question but claims it was necessary
justifications
protection of oneself or ones property from unlawful injury or the immediate risk of injury
self-defense
doctrine that states that your home is your final area of retreat and you can defend it w out having to retreat
castle doctrine
person tricked into consuming an illegal drug or alc bev that causes them to have an altered mind
involuntary intoxicatoin
legal defense based upon claims of mental illess or mental capacity
insanity
rule where defendant didnt know what they were doing was wrong or they had an uncontrollable impulse
McNaughten rule
improper or illegal inducement to crime by agents of enforcement (undercover leo tricks someone)
entrapment
____ ______ is when no person may be tried twice for the same offense
double jeopardy
defense where someone claims wealth buys privilege
affluenza defense
defense if in an abusive relationship one kills the other in order to save themselves
abuse defense
