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CJBS- Midterm Review
| Term | Definition |
|---|---|
| Affirmative Defense | whether or not the individual's criminal action was socially acceptable under the circumstances |
| Self- Defense | fear of immediate harm or danger by another person |
| Necessity | when people break the law in order to save themselves or prevent greater harm |
| Entrapment | government agents induced the person to commit the offense |
| Duress (coercion) | committing a crime after being coerced by someone else |
| Insanity | test mental sates to prove insanity |
| Mistake of Fact (non-affirmative) | mistake regarding a crucial fact in a case |
| Intoxication (non-affirmative) | intoxication must be involuntary |
| Substative Law | defines acts that the government can punish and defines the punishment for those crimes |
| Procedural Law | law defining the procedure that criminal justice officials must follow |
| Purposely | intends to bring out a result |
| Recklessly | consciously disregards a substantial or unjustifiable |
| Knowingly | practically certain the result will occur |
| Negligently | should be aware of the substantial or unjustifiable risk |
| 4 Culpable Mental States | purposely knowingly recklessly negligently |
| Elements of a crime | the act the attendant circumstances the state of mind or intent |
| Burdens of Proof | beyond unreasonable doubt- conviction probable cause- arrest the preponderance of evidence- civil law |
| 3 Eras of Policing | political era (1840-1920) professional era (1920-1970) community era (1970-present) |
| Political Era | police helped politicians gain votes close ties with politicians |
| Professional Era | out of politics well trained, discipline, organized laws enforced equally use new tech main task is to fight crime personnel procedures based on merit |
| Community Era | NCO (Neighborhood Coordinating Officer) closer contact between community and police |
| Legality | a law that defines an act as a crime |
| Actus Reus | a human act of commission or omission |
| Causation | causal relationship between act and harm suffered |
| Harm | act that causes har to some legally protected value |
| Concurrence | intent and act must be present at the same time |
| Mens Rea | act accompanied by guilty mind (related to intent) |
| Punishment | a provision in the law that calls for punishment of those guilty of violating a law |