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legal terminology Part 2 > criminal law > Flashcards

criminal law Flashcards

1
Q

tort

A

violation of individual legal rights

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2
Q

crime

A

act that violates the laws and legal rights shared by a community as a whole

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3
Q

violation

A

act of breaking law, considered an offense against the autherority invested in the state or federal govt

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4
Q

actus rea

A

criminal act itself

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5
Q

mens rea

A

intent to commit the crime

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6
Q

malice

A

wish to annoy or harm another person, or intent to commit a wrongful act without regard to the lives or safety of other people.

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7
Q

general malice

A

refers to a generalized desire to commit harm or injury

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8
Q

express malice

A

refers to a specific plan to cause harm to a specific party

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9
Q

malice afterthought

A

important element in murder cases, intention to cause injury or commit a dangerous act prior to the act of killing

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10
Q

criminal

A

person who commits crime

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11
Q

penal code

A

entire published body of criminal statutes

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12
Q

criminal act

A

actual commission of a criminal offense

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13
Q

criminal action/criminal prosecution/criminal proceeding

A

lawsuit brought by the state or fed govt against a criminal offender

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14
Q

criminal procedure

A

rules that describe the various steps involved in initiation and concluding a criminal action

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15
Q

arrest

A

detain

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16
Q

arrest warrent

A

order to have criminal arrrested and brought before court

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17
Q

probable cause

A

allows person to be arrested without an arrest warrent if they are suspected of a crime. must have reasonable grounds for arrest

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18
Q

articulable

A

the officer can justify and explain suspicion in probable cause

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19
Q

stop

A

persons freedom of movement or action is briefly inhibited

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20
Q

stop and frisk/terry stop

A

officer stops the suspect and performs a quick pat down and search for a weapon that may be concealed.

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21
Q

prosecutor/district attorney/states attorney

A

elected public official who serves a specific jurisdiction and represents the govt in criminal court. must file criminal complain when suspect is arrested

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22
Q

preliminary hearing/probable cause hearing

A

determines if defendant named in complaint has enough evidence of criminal conduct against them to be tried in court

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23
Q

bail

A

release of defendant in exchange for property or a sum of money, used to prevent suspects from fleeing to avoid standing trial

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24
Q

recognizance

A

formal obligation that is recorded in court in which the person gives the court a formal written statement acknowledging his or her obligation to show up for trial.

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25
Q

treason

A

act of war against the us or giving aid and comfort to the countries enemies.

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26
Q

felony

A

serious criminal offense for which punishment is more than one year of incarceration in prison

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27
Q

prison

A

facility est specifically for people convicted of serious crimes or death

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28
Q

misdemeanor

A

less serious offense for which the punishment involves payment of a fine and or less then one year of incarceration in a jail

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29
Q

jail

A

institution usually local est specifically for people awaiting trial and for ppl convicted of less serious crimes

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30
Q

criminal charges

A

formal charges of a criminal offense. must be written out and submitted to court.

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31
Q

indictment/true bill

A

formal written account of the charges against a suspect as determined by a grand jury

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32
Q

grand jury

A

a group of 6-23 jurors in charge of determining weather sufficient grounds exist to warrant an indictment. hears prelim evidence and has broad investigative powers which includes the ability to subpoena witnesses and evidence

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33
Q

information

A

formal written description of the charges submitted by a prosecutor rather then a grand jury

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34
Q

principal

A

person who actually commits a crime, either through his or her won actions or by directing or compelling another person

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35
Q

accomplice

A

anyone who knowingly and voluntarily helps another person commit a crime

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36
Q

accessory

A

person involved in the commission of a crime without actually being present during the crime

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37
Q

aiding & abetting

A

help or encouragement from an accomplice or accessory to principal

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38
Q

attmempt

A

actions taken with intent to commit crime

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39
Q

conspiracy

A

agreement btw 2 or more ppl to commit a crime

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40
Q

overt act

A

example of conduct above and beyond the agreement itself when pertaining to conspiracy.

41
Q

Arraignment

A

a process in which defendents are called before the court to hear the charges against them and make their plea

42
Q

sentence

A

punishment imposed upon convicted criminal

43
Q

criminal sentences

A

typically consist of imprisonment, fine, forfeiture of property or any combo of these individual penalties

44
Q

capital punishment/death penalty

A

sentence of execution

45
Q

capital crimes

A

crimes punishable by death

46
Q

parole

A

early release after serving only a portion of a sentance

47
Q

consecutive sentences

A

separate terms of imprisonment for each crime defendant is charged with terms will run one after another without a break

48
Q

concurrent sentences

A

sentences that run at the same time

49
Q

commutation of sentence

A

substitution of a less severe punishment then the one require by law

50
Q

probation

A

punishment that allows a convicted criminal to live and work in the community under strict supervision by probation officer

51
Q

plea bargin

A

compromise where defendant receives a lighter sentence in exchange for pleading guilty to a lesser offense.

52
Q

reasonable doubt

A

highest degree of proof required by law

53
Q

lesser induced offense

A

less serious offense thats included by definition within the crime for which defendent is charged.

54
Q

crimes against property

A

criminal acts involving money goods and real estate belonging to someone else

55
Q

crimes against person

A

criminal offenses involving direct personal contact with victim

56
Q

crimes against morality

A

violation of principles of right and wrong conduct

57
Q

common crimes against property

A

arson, bribery, burglary, embezzlement, extorton, forgery, larceny

58
Q

arson

A

willful and malcious burning of a building or other structure

59
Q

bribery

A

giving something of value specifically with the intent of influencing an action or descision of a public official, witness, juror or other person acting in a public or offical capacity

60
Q

conversion

A

depriving an owner of person of property without permission and without just cause.

61
Q

burglary

A

entering a building, often by force with intent to commit a felony such as theft or murder

62
Q

embezzlement

A

unauthorized conversion of money or other kinds of property with which the propertys rightful owner has entrusted a person

63
Q

extortion

A

the use of fear, threats, force, threat of force, or official power to obtain money or other valuable property (ie blackmail)

64
Q

forgery

A

intentional misrepresentation thru signing or altering anything in writing in order to gain money property or other benefint

65
Q

larceny

A

unauthorized seizing and carrying away personal property without force or the threat of force and without intention of returning to the rightful owner

66
Q

grand larceny

A

felony involving theft of property worth more then 250

67
Q

petit larceny

A

misdemenor involving theft of property wrth less than 250

68
Q

scienter

A

actual knowledge of misrepresentation or other fraudulent conditions

69
Q

homocide

A

death of a human being

70
Q

self defense

A

the use of force to protect ones self from death or imminent bodily harm

71
Q

felonious homicide

A

wrongful killing of a human being without legal excuse or justification

72
Q

murder

A

intentional killing of another human being with malice aforethought

73
Q

premeditated

A

act of killing that has been planned out beforehand

74
Q

first degree murder

A

premeditated murder

75
Q

second degree murder

A

intentionally killing a person without premeditation but with malice aforethought

76
Q

felony murder rule

A

homicide that occurs during the commission of a felony is regarded a 1st degree murder

77
Q

manslaughter

A

intentional act of killing has been committed without legal excuse or justification but without premedation or malice aforethought

78
Q

voluntary manslaughter

A

intentional killing motivated by sudden passion or intense provacation

79
Q

involuntary manslaughter

A

unintentional act of killing that occurs in the course of an unlawful act thats neither felonious nor malicious or in the course of performing a lawful act in a reckless or wanton manner

80
Q

assult

A

act or threat of force intended to inflict harm upon a person or to convince the person of imminent physical harm

81
Q

battery

A

unjustified and intentional physical contact with another person without consent

82
Q

assault and battery

A

threat of harm culmination in intentional harmful and unauthrized physical contact

83
Q

rape

A

sexual intercourse coerced thru force or fear or by contriving or taking advantage of circumstances in which the victim is unable to object or resist

84
Q

kidnapping

A

unauthrorized and unjusitifed seizure of a person and movement of that person to another location

85
Q

robbery

A

the use of force or fear to take money or personal property from others without their consent

86
Q

bigamy

A

marriage to two different spouse at the same time

87
Q

incest

A

sexual activity btw persons so closely related that marriage is legally forbidden

88
Q

sodomy

A

criminal sexual activity defined variously in different states but typically including sexually relations btws ppl of same sex,unmarried persons, or other sexual activites

89
Q

miranda rule

A

criminal suspects may not be questioned by law enforcement ageents untill they have been informed of these rights

90
Q

critical stage

A

period btw arrest and the time when miranda rights have been communicated

91
Q

search warrent

A

court order law enforement agents must have to go on private property

92
Q

exlusionary rule

A

evidence obtained unlawfully may not be used in court

93
Q

double jeopardy

A

second prosecution for the same offense

94
Q

cruel or unusual punishment

A

torture, beating, and sentences not suited to the crim

95
Q

alibi

A

proof of being in anther location at the time a crime was committed

96
Q

entrapment

A

induced by a law enforcement agent to commit the crime

97
Q

age of reason

A

age at which a child is considered capable of acting responsibly

98
Q

criminal capacity

A

the ability to understand the crimiinal nature of the offense

99
Q

insane

A

suffering from permanent or temporary inability to understand the quality nature or criminality of their actions

legal terminology Part 2 (1 decks)

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