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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
treason
act of war against the us or giving aid and comfort to the countries enemies.
26
felony
serious criminal offense for which punishment is more than one year of incarceration in prison
27
prison
facility est specifically for people convicted of serious crimes or death
28
misdemeanor
less serious offense for which the punishment involves payment of a fine and or less then one year of incarceration in a jail
29
jail
institution usually local est specifically for people awaiting trial and for ppl convicted of less serious crimes
30
criminal charges
formal charges of a criminal offense. must be written out and submitted to court.
31
indictment/true bill
formal written account of the charges against a suspect as determined by a grand jury
32
grand jury
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
33
information
formal written description of the charges submitted by a prosecutor rather then a grand jury
34
principal
person who actually commits a crime, either through his or her won actions or by directing or compelling another person
35
accomplice
anyone who knowingly and voluntarily helps another person commit a crime
36
accessory
person involved in the commission of a crime without actually being present during the crime
37
aiding & abetting
help or encouragement from an accomplice or accessory to principal
38
attmempt
actions taken with intent to commit crime
39
conspiracy
agreement btw 2 or more ppl to commit a crime
40
overt act
example of conduct above and beyond the agreement itself when pertaining to conspiracy.
41
Arraignment
a process in which defendents are called before the court to hear the charges against them and make their plea
42
sentence
punishment imposed upon convicted criminal
43
criminal sentences
typically consist of imprisonment, fine, forfeiture of property or any combo of these individual penalties
44
capital punishment/death penalty
sentence of execution
45
capital crimes
crimes punishable by death
46
parole
early release after serving only a portion of a sentance
47
consecutive sentences
separate terms of imprisonment for each crime defendant is charged with terms will run one after another without a break
48
concurrent sentences
sentences that run at the same time
49
commutation of sentence
substitution of a less severe punishment then the one require by law
50
probation
punishment that allows a convicted criminal to live and work in the community under strict supervision by probation officer
51
plea bargin
compromise where defendant receives a lighter sentence in exchange for pleading guilty to a lesser offense.
52
reasonable doubt
highest degree of proof required by law
53
lesser induced offense
less serious offense thats included by definition within the crime for which defendent is charged.
54
crimes against property
criminal acts involving money goods and real estate belonging to someone else
55
crimes against person
criminal offenses involving direct personal contact with victim
56
crimes against morality
violation of principles of right and wrong conduct
57
common crimes against property
arson, bribery, burglary, embezzlement, extorton, forgery, larceny
58
arson
willful and malcious burning of a building or other structure
59
bribery
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
conversion
depriving an owner of person of property without permission and without just cause.
61
burglary
entering a building, often by force with intent to commit a felony such as theft or murder
62
embezzlement
unauthorized conversion of money or other kinds of property with which the propertys rightful owner has entrusted a person
63
extortion
the use of fear, threats, force, threat of force, or official power to obtain money or other valuable property (ie blackmail)
64
forgery
intentional misrepresentation thru signing or altering anything in writing in order to gain money property or other benefint
65
larceny
unauthorized seizing and carrying away personal property without force or the threat of force and without intention of returning to the rightful owner
66
grand larceny
felony involving theft of property worth more then 250
67
petit larceny
misdemenor involving theft of property wrth less than 250
68
scienter
actual knowledge of misrepresentation or other fraudulent conditions
69
homocide
death of a human being
70
self defense
the use of force to protect ones self from death or imminent bodily harm
71
felonious homicide
wrongful killing of a human being without legal excuse or justification
72
murder
intentional killing of another human being with malice aforethought
73
premeditated
act of killing that has been planned out beforehand
74
first degree murder
premeditated murder
75
second degree murder
intentionally killing a person without premeditation but with malice aforethought
76
felony murder rule
homicide that occurs during the commission of a felony is regarded a 1st degree murder
77
manslaughter
intentional act of killing has been committed without legal excuse or justification but without premedation or malice aforethought
78
voluntary manslaughter
intentional killing motivated by sudden passion or intense provacation
79
involuntary manslaughter
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
assult
act or threat of force intended to inflict harm upon a person or to convince the person of imminent physical harm
81
battery
unjustified and intentional physical contact with another person without consent
82
assault and battery
threat of harm culmination in intentional harmful and unauthrized physical contact
83
rape
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
kidnapping
unauthrorized and unjusitifed seizure of a person and movement of that person to another location
85
robbery
the use of force or fear to take money or personal property from others without their consent
86
bigamy
marriage to two different spouse at the same time
87
incest
sexual activity btw persons so closely related that marriage is legally forbidden
88
sodomy
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
miranda rule
criminal suspects may not be questioned by law enforcement ageents untill they have been informed of these rights
90
critical stage
period btw arrest and the time when miranda rights have been communicated
91
search warrent
court order law enforement agents must have to go on private property
92
exlusionary rule
evidence obtained unlawfully may not be used in court
93
double jeopardy
second prosecution for the same offense
94
cruel or unusual punishment
torture, beating, and sentences not suited to the crim
95
alibi
proof of being in anther location at the time a crime was committed
96
entrapment
induced by a law enforcement agent to commit the crime
97
age of reason
age at which a child is considered capable of acting responsibly
98
criminal capacity
the ability to understand the crimiinal nature of the offense
99
insane
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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