Criminal Law Flashcards
Criminal law
Public, rather than private, wrong punishable by the state
Less serious crimes
Misdemeanours
Usually more than one year in prison possible if convicted
Felonies
Prevent person, and others, from doing crime in future if they are, or are seen to be, punished for it
Deterrence
When in prison, cannot commit crime
Incapacitation
Reform while in prison
Rehabilitation
Revenge, not seen as a legitimate reason by the experts, but the people in the street put great faith in
Retribution
Crime = …
“The elements of the offence” - both the following must occur in every crime and must exist at time of crime
“Guilty act” - the act itself
Actus reus
“Guilty mind”
Mans rea
Degrees of homicide and their relation to … and …
Actus reus
Mans rea
The killing with malice aforethought of one human being by another
Murder
“Cold blooded”, “malice aforethought”, “premeditated”
First degree murder
Did the person have the time to calm down ?
Second degree murder
Manslaughter = the killing of another … or …
Without malice
Deliberate intention
Diminished capacity
Voluntary manslaughter
Example, reckless driving
Involuntary manslaughter
Killing with a car, negligent
Venicular homicide
Police, self-Defense
Justified homicide
Let’s pretend are approached by police and they suspect that you have been a very, very naughty boy or girl ! The police read you your … and at that point you are officially …
Miranda warning
Arrested
You are then taken down to the police station and … . At that point they take you’re fingerprints and a “mug shot”
Booked
Within 24 hours you normally make your … before a judge
Initial appearance
If the judge finds there are enough grounds to detain you, you then officially become the … and are … for trial
Accused
Bound over
At this point you may or may not be granted …
Bail
The next step is to bring you in front a … made up of 16 to 23 citizens who decide whether there is enough evidence to hold you over for a trial
Grand jury
If so, they issue an …
Indictment
At this point you officially become known as the
Defendant
The next step is to go back to court in front of a judge for your … , at this point the formal charges will be told to you
Arraignment
After this point you enter a …
Plea
After this point, … takes place
Discovery
A jail or prison
Slammer
A call to stop by another police officers location or to aid another officer as secondary unit
Backup
A criminal record
Rap sheet
To accept punishment or take the blame for an offence or error
Take the rap
To catch someone
Nab
To be caught committing a crime
Busted
A knife, razor, or other sharp or pointed implement, especially one used as a weapon
Shiv
Carry a gun
Pack heat
A corpse
Stiff
To plead guilty to a lesser charge so as to avoid standing trial for a more serious charge
Cop a plea
A place where stolen cars are disassembled for parts that are then sold
Chop shop
To kill deliberately; murder
Whack/clip
Someone below the legal age of consent
Jailbait
An informer, especially someone acting as an informer or decoy for the police
Think/snitch
A thug hired to intimidate or harm opponents
Goon
To obtain something by deceitful or illicit means; practice theft or swindling
Hustle
A person who tries to “hire” a prostitute
John
A person easily taken advantage of or cheated
Patsy
When criminals “dispose of someone”
Sleep with the fishes
A police officer working in drug related crime
Narc/nark
A petty criminal or gang member; area of town where you live
Hood
