chapter 4 Flashcards
actus reus
an illegal act, or failure to act when legally required
civil law
all law that is not criminal, including tort, contract, personal property, maritime, and commercial law
criminal law
the body of rules that define crimes, set out their punishments, and mandate the procedures for carrying out the criminal justice process
criminal negligence
liability that can occur when a person’s careless and inattentive actions cause harm
ex post facto law
a law that makes an act criminal after it was committed or retroactively increases the penalty for a crime; such laws are forbidden by the U.S. constitution
exclusionary rule
the principle that illegally obtained evidence cannot be used in a court of law
excuse defense
a defense in which a person states that his or her mental state was so impaired that he or she lacked the capacity to form sufficient intent to be held criminally responsible
justification
a defense for a criminal act claiming that the criminal act was reasonable or necessary under the circumstances
mala in se
in common law, offenses that are by their own nature evil, immoral, and wrong; such offenses include murder, theft, and arson
mens rea
a guilty mind: the intent to commit a criminal act
obitiratry
helping people take their own lives: assisted suicide
penumbral crimes
criminal acts defined by a high level of noncompliance with the stated legal standard, an absence of stigma associated with violation of the stated standard, and a low level of law enforcement or public sanction
procedural criminal laws
the methods that must be followed in obtaining warrants, investigating offenses, effecting lawful arrests, conducting trials, introducing evidence, sentencing convicted offenders, and reviewing cases by appellate courts
public law
the branch of law that deals with the state or government agencies and controls their administrative relationships with individuals, corporations, or other branches of government
public safety or strict liability crime
a criminal violation- usually one that endangers the public welfare- that is defined by the act itself, irrespective of intent
