Chapter 3 - Inside Criminal Law Flashcards
constitutional law
law based on the U.S. Constitution and the constitutions of the various states
statutory law
the body of law enacted by legislative bodies
supremacy clause
a clause in the U.S. constitution establishing that federal law is the “supreme law of the land” and shall prevail when in conflict with the state constitutions or statutes
ballot initiative
a procedure in which the citizens of a state, by collecting enough signatures, can force a public vote on a proposed change to state law
administrative law
the body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities
precedent
a court decision that furnishes an example of authority for deciding subsequent cases involving similar facts
case law
the rules of law announced in court decisions
civil law
the branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters
plaintiff
the person or institution that initiates a lawsuit in civil court proceedings by filing a complaint
defendant
in a civil court, the person or institution against whom an action is brought. In a criminal court, the person or entity who has been formally accused of violating a criminal law
liability
in a civil court, legal responsibility for one’s own or another’s actions
beyond a reasonable doubt
the degree of proof required to find the defendant in a criminal trial guilty of committing the crime. The defendant’s guilt must be the only reasonable explanation for the criminal act before the court
preponderance of the evidence
the degree of proof required to decide in favor of one side or the other in a civil case, in general, this requirement is met when a plaintiff proves that a fact more likely than not is true
felony
a serious crime, usually punishable by death or imprisonment for a year or longer
misdemeanor
a criminal offense that is not a felony; usually punishable by a fine and/or jail term of less than one year
infraction
in most jurisdictions, a noncriminal offense for which the penalty is a fine rather than incarceration
mala in se
a descriptive term for acts that are inherently wrong, regardless of whether they are prohibited by law
mala prohibita
a descriptive term for acts that are made illegal by criminal statute and are not necessarily wrong in and of themselves
corpus delecti
the body of circumstances that must exist for a criminal act to have occurred
actus reus
a guilty act
attempt
the act of taking substantial steps toward committing a crime while having the ability and the intent to commit the crime, even if the crime never takes place
mens rea
Mental state, or intent. A wrongful mental state that is usually as necessary as a wrongful act to establish criminal liability
negligence
a failure to exercise the standard of care that a reasonable person would exercise in similar circumstances
recklessness
the state of being aware that a risk does or will exist and nevertheless acting in a way that consciously disregards this risk.
voluntary manslaughter
a homicide in which the intent to kill was present in the mind of the offender, but malice was lacking
involuntary manslaughter
a homicide in which the offender had no intent to kill her or his victim
strict liability crimes
certain crimes, such as traffic violations, in which the defendant is guilty regardless of her or his state of mind at the time of the act
statutory rape
a strict liability crime in which an adult engages in a sexual act with a minor
felony-murder
an unlawful homicide that occurs during the attempted commission of a felony
attendant circumstances
the facts surrounding a criminal event that must be proved to convict the defendant of the underlying crime
hate crime law
a statute that provides for greater sanctions against those who commit crimes motivated by bias against an individual or a group based on race, ethnicity, religion, gender, sexual orientation, disability, or age
inchoate offenses
conduct deemed criminal without actual harm being done, provided that the harm that would have occurred is one the law tries to prevent
conspiracy
a plot by two or more people to carry out an illegal or harmful act
alibi
a defense offered by a person accused of a crime showing that she or he was elsewhere at the time the crime took place
infancy
a condition that, under early American law, excused young wrongdoers of criminal behavior because presumably they could not understand the consequences of their actions
insanity
a defense for criminal liability that asserts a lack of criminal responsibility due to mental instability
m’naghten rule
a common law test of criminal responsibility, derived from m’naghten’s case in 1843 that relies on the defendant’s inability to distinguish right from wrong
substantial-capacity test (ALI/MPC Test)
a test for the insanity defense that states that a person is not responsible for criminal behavior when he or she “lacks substantial capacity” to understand that the behavior is wrong or to know how to behave properly
irresistible-impulse test
a test for the insanity defense under which a defendant who knew his or her action was wrong may still be found insane if he or she was unable, as a result of a mental deficiency, to control the urge to complete the act
competency hearing
a court proceeding to determine whether the defendant is mentally well enough to understand the charges filed against him or her and cooperative with a lawyer in presenting a defense
intoxication
a defense for criminal liability in which the defendant claims that the taking of intoxicants rendered him or her unable to form the requisite intent to commit a criminal act
duress
unlawful pressure brought to bear on a person, causing the person to perform an act that he or she would not otherwise perform
self-defense
the legally recognized privilege to protect one’s self or property from injury by another
duty to retreat
the requirement that a person claiming self-defense prove that she or he first took reasonable steps to avoid the conflict that resulted in the use of deadly force
necessity
a defense against criminal liability in which the defendant asserts that circumstances required her or him to commit an illegal act
entrapment
a defense in which the defendant claims that he or she was induced by a public official-usually an undercover agent or police officer- to commit a crime that he or she would otherwise not have committed
substantive criminal law
law that defines the rights and duties of individuals with respect to one another
procedural criminal law
rules that define the manner in which the rights and duties of individuals may be enforced
Bill of Rights
the first ten amendments to the U.S. Constitution
due process clause
the provisions of the Fifth and Fourteenth Amendments to the Constitution that guarantee that no person shall be deprived of life, liberty, or property without due process of law
procedural due process
a provision in the Constitution that states that the law must be carried out in a fair and orderly manner
substantive due process
the constitutional requirement that laws used in accusing and convicting persons of crimes must be fair
