General Definitions Flashcards
applies to criminal offenses within NJ
2C
Contains crimes and disorderly persons (DP) offenses
2C
Does not include municipal or motor vehicle ordinances
2C
Act of legislative declaring/prohibiting a prescribed act
Statute
Standard/regulation issued by an authority prescribing or directing action
Rule
Enacted by legislative body on county or municipal level (town law)
Ordinance
Is an element of an offense. State must prove beyond a reasonable doubt that act constituting an offense took place in NJ.
Jurisdiction
Most sentences 1 year
PDP/DP Offense
10-20 years incarceration
1st degree
Offense for which imprisonment of >6 months is authorized
Crime
5-10 years incarceration
2nd degree
3-5 years incarceration
3rd degree
18 months incarceration max
4th degree
Exceptions to 2nd degree crime prison terms are what and how long?
Murder 30+ years and Kidnapping 15-30 years
If convicted you’re going to prison, period! Extraordinary hardship to overcome presumption.
Presumption of Incarceration (1st and 2nd degree crimes)
Can’t go to prison if no prior record.
Presumption against Incarceration (3rd and 4th degree crimes)
Specific statutes with no statute of limitations (SOL)
Murder, Manslaughter, Terrorism, Widespread Injury
New evidence arises after acquittal, so the person can be tried again
False
Beyond a reasonable doubt is the burden of proof in _____ cases
Criminal
In ____ cases, you need 51% proof that will tip the scale a little to one side..this is known as ________
Civil, Preponderance of the Evidence
Most crimes have how long of a prison term
5 years