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Intro to Criminal Justice > Chapter 3 - Inside Criminal Law > Flashcards

Chapter 3 - Inside Criminal Law Flashcards

1
Q

constitutional law

A

law based on the U.S. Constitution and the constitutions of the various states

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2
Q

statutory law

A

the body of law enacted by legislative bodies

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3
Q

supremacy clause

A

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

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4
Q

ballot initiative

A

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

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5
Q

administrative law

A

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

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6
Q

precedent

A

a court decision that furnishes an example of authority for deciding subsequent cases involving similar facts

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7
Q

case law

A

the rules of law announced in court decisions

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8
Q

civil law

A

the branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters

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9
Q

plaintiff

A

the person or institution that initiates a lawsuit in civil court proceedings by filing a complaint

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10
Q

defendant

A

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

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11
Q

liability

A

in a civil court, legal responsibility for one’s own or another’s actions

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12
Q

beyond a reasonable doubt

A

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

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13
Q

preponderance of the evidence

A

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

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14
Q

felony

A

a serious crime, usually punishable by death or imprisonment for a year or longer

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15
Q

misdemeanor

A

a criminal offense that is not a felony; usually punishable by a fine and/or jail term of less than one year

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16
Q

infraction

A

in most jurisdictions, a noncriminal offense for which the penalty is a fine rather than incarceration

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17
Q

mala in se

A

a descriptive term for acts that are inherently wrong, regardless of whether they are prohibited by law

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18
Q

mala prohibita

A

a descriptive term for acts that are made illegal by criminal statute and are not necessarily wrong in and of themselves

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19
Q

corpus delecti

A

the body of circumstances that must exist for a criminal act to have occurred

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20
Q

actus reus

A

a guilty act

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21
Q

attempt

A

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

22
Q

mens rea

A

Mental state, or intent. A wrongful mental state that is usually as necessary as a wrongful act to establish criminal liability

23
Q

negligence

A

a failure to exercise the standard of care that a reasonable person would exercise in similar circumstances

24
Q

recklessness

A

the state of being aware that a risk does or will exist and nevertheless acting in a way that consciously disregards this risk.

25
Q

voluntary manslaughter

A

a homicide in which the intent to kill was present in the mind of the offender, but malice was lacking

26
Q

involuntary manslaughter

A

a homicide in which the offender had no intent to kill her or his victim

27
Q

strict liability crimes

A

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

28
Q

statutory rape

A

a strict liability crime in which an adult engages in a sexual act with a minor

29
Q

felony-murder

A

an unlawful homicide that occurs during the attempted commission of a felony

30
Q

attendant circumstances

A

the facts surrounding a criminal event that must be proved to convict the defendant of the underlying crime

31
Q

hate crime law

A

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

32
Q

inchoate offenses

A

conduct deemed criminal without actual harm being done, provided that the harm that would have occurred is one the law tries to prevent

33
Q

conspiracy

A

a plot by two or more people to carry out an illegal or harmful act

34
Q

alibi

A

a defense offered by a person accused of a crime showing that she or he was elsewhere at the time the crime took place

35
Q

infancy

A

a condition that, under early American law, excused young wrongdoers of criminal behavior because presumably they could not understand the consequences of their actions

36
Q

insanity

A

a defense for criminal liability that asserts a lack of criminal responsibility due to mental instability

37
Q

m’naghten rule

A

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

38
Q

substantial-capacity test (ALI/MPC Test)

A

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

39
Q

irresistible-impulse test

A

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

40
Q

competency hearing

A

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

41
Q

intoxication

A

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

42
Q

duress

A

unlawful pressure brought to bear on a person, causing the person to perform an act that he or she would not otherwise perform

43
Q

self-defense

A

the legally recognized privilege to protect one’s self or property from injury by another

44
Q

duty to retreat

A

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

45
Q

necessity

A

a defense against criminal liability in which the defendant asserts that circumstances required her or him to commit an illegal act

46
Q

entrapment

A

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

47
Q

substantive criminal law

A

law that defines the rights and duties of individuals with respect to one another

48
Q

procedural criminal law

A

rules that define the manner in which the rights and duties of individuals may be enforced

49
Q

Bill of Rights

A

the first ten amendments to the U.S. Constitution

50
Q

due process clause

A

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

51
Q

procedural due process

A

a provision in the Constitution that states that the law must be carried out in a fair and orderly manner

52
Q

substantive due process

A

the constitutional requirement that laws used in accusing and convicting persons of crimes must be fair

Intro to Criminal Justice (14 decks)

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