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Definition
| A wrong against society as a whole, proclaimed in a statue, and punishable by a fine and/or imprisonment and in some cases death. |
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Term
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| The standard used to determine the guilt or innocence of a persona criminally charged. One must be proved "beyond reasonable doubt" that the person committed a crime. If the jury views the evidence in the case a reasonably permitting either guilty or innocent, they must rule innocent. (Close to 99% undeniable that the person is guilty) |
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| Preponderance of Evidence |
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Definition
| The plaintiff must convince the court that based on the evidence, it is more likely than not that the plaintiff's allegation is true. (over 50%) |
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| Crimes - such as murder, arson, rape, and robbery - that carries the most severe sanctions, usually ranging from one year in state or federal prison to capital punishment (death). |
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| A homicide that is committed without malice toward the victim. |
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| With wanton disregard for the consequences of his or her actions for the victim. Required for 2nd Degree Murder. |
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| A lesser crime than a felony, punishable by a fine or imprisonment for up to one year. |
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| The least serious kinds of criminal offense, such as a traffic or building-code violation. |
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| a "guilty act". A guilty act (doing something illegal or not doing performing a legal duty) is 1 of 2 elements that must be present for a crime to occur. |
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| A wrongful mental state typically required to establish criminal liability. |
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| The act of forcefully and unlawfully taking personal property of any value from another - force or intimidation is usually necessary fro an act of theft to be considered a robbery. |
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| The wrongful taking and carrying away of another person's personal property with the intent to permanently deprive the owner of the property. Larceny can be either grand or petit, depending on the property's value. |
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| The unlawful entry into a building with the intent to commit a felony. (some statues have expanded this to commit any crime) |
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| The malicious burning of another's dwelling. Some statues have expanded this to include any real property regardless of ownership and the destruction of property by other means, such as explosion. |
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| The fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another. Includes changing trademarks, falsifying records, counterfeiting, and altering legal documents. |
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| Nonviolent crime committed by individuals or corporations to obtain a personal or business advantage. |
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| The fraudulent appropriation of money or other property by a person to whom the money or property has been entrusted. i.e accounting stealing funds from company books. |
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| Falsely reporting income that has been obtained through criminal activity as income obtained through a legitimate business enterprise. |
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| Defenses to Criminal Liability |
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Definition
Infancy
Intoxication
Insanity
Mistake
Consent
Duress
Justifiable Use of Force (self-defense)
Necessity
Entrapment
Statue of Limitations
Immunity |
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Term
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Definition
| Usually a child can be tried as a adult if they are over 14 years old when they commit a crime. |
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| Volutary vs. Involutary Intoxication |
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Definition
| Involuntary Intoxication is a defence more often than voluntary intoxication. To be used as a defense, the effect of involuntary intoxication must have made a person incapable of understanding that he act committed was wrong or incapable of obeying the law. |
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Term
| A mistake of _____ (fact/law) acts as a defense to criminal liability. |
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Definition
| A mistake of fact operates as a defense if it negates the mental state necessary to commit a crime.e |
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Definition
| Consent agreement to a proposition or an act of another. When the will of two people concur with one another. |
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| Unlawful pressure brought to bear on a person, causing the person to perform an act that he or she would not otherwise perform. |
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| One of the best-known defenses to criminal liability. Must distinguish between Deadly and Nondeadly force. People can use the amount of nondeadly force that seems necessary to protect themselves, in their dwellings, or other property, or to prevent the commission of a crime. Deadly force can be used only when the defender reasonably believes that imminent death or grievous bodily harm will otherwise result, and has no other means of escaping. |
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Definition
| According to the Model Penal Code, necessity is a defense if it was necessary to commit a crime in order to prevent an even greater harm. |
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| With exclusion of some crimes, such as murder, the state must initiate criminal prosecution within a certain number of years or else the defendant can raise statue of limitations as a defense. |
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Term
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Definition
| The process by which a criminal defendant and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case,. Usually involves the defendant's pleading guilty to a lesser offense in return for a lighter sentence. |
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| Trying someone twice for the same criminal offense. |
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Definition
-Protection from unreasonable searches and seizures.
-No warrant be issued without probable cause. |
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Definition
- due process of law
- Prohibits trying someone for double jeopardy.
-Protection from self-incrimination |
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Definition
- Guatantees of a speedy trial
- Trial by jury, public trial, confront witnesses
- Right to a lawyer |
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| Prohibits against excessive bail and fines and cruel and unusual punishment. |
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| In criminal procedure,a rule under which any evidence that is obtained in violation of the accused's constitutional rights guaranteed by the 4th, 5th, and 6th Amendments, aw well as any evidence derived from illegally obtained evidence, will not be admissible in court. |
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| Purpose of Exclusionary Rule |
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Definition
| To deter police from conducting warrantless searches and from engaging in other misconduct. |
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| Exceptions to the Exclusionary Rule |
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Definition
-If evidence would have been discovered 'inevitably.'
-If evidence was obtained in "good faith." |
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Definition
| A charge by a grand jury that a named person has committed to a crime. |
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| A crime that occurs online, in the virtual community of the Internet, as opposed to the physical world. |
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Definition
| A defense in which the defendant claims that he or she was induced by a public official - usually an undercover agent - to commit a crime that he or she would otherwise not have committed. |
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Definition
| A defense in which the defendant claims that he or she was induced by a public official - usually an undercover agent - to commit a crime that he or she would otherwise not have committed. |
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