Criminal Law and Procedure Flashcards
Civil wrongs resulting in injury or harm that constitutes the basis for a claim by the injured party
Tort law
Serious crime including homicide, robbery, rape, kidnapping and arson
Felonies
Less serious crimes generally punishable by smaller fines or imprisonment for one year or less
Misdemeanors
Infancy: juvenile defendants
intoxication: only if involuntary
insanity: various standards exist
Defenses that address criminal Intent
Consent
duress
self-defense
necessity
Defenses that may justify the criminal act
prevents prosecution after statutory period expires
statute of limitations
bars prosecution in exchage for cooperation and information leading to successful prosecution against co-defendants
Immunity
No criminal culpability for crimes induced by governmental persuasion or trickery
Entrapment
Evidence obtained in violation of Constitutional rights is generally inadmissible under the
Exclusionary rule
jury impaneled
voir dire
aids perpetrator but is not present at the commission of the crime
Accessory
agreement among two or more persons plan and commit a crime
Conspiracy
undertaking all the elements necessary for a crime (unsuccessful)
Attempt
liability of managers, corporate officers, directors, supervisors, etc
Crimes committed by firm
any party to a conspiracy may be held criminally responsible for the substantive offenses of its co conspirators
Pinkerton Liability