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Legal Aspects Unit 2

Unit 2 65 Terms

TermDefinition
Crime Something one does or fails to do that violates a law.
Substance Abuse The abuse of drugs or alcohol.
Drunk driving Driving under the influence or driving while intoxicated.
Guilty State of Mind The state of mind in which a prohibited act was done intentionally and willfully.
Strict liability Crimes that do not require a guilty state of mind
Felony Any crime for which the penalty is imprisonment for more than one year.
Misdemeanor Any crime for which the penalty is imprisonment for one year or less.
Accomplice Someone who helps the principal commit the crime.
Accessory before the fact A person who orders a crime or helps the Main Criminal commit the crime but doesn't commit the crime.
Accessory after the fact A person who knows the Main Criminal has committed a crime and helps them avoid capture or escape.
Crime of omission When a person fails to perform an act required by a criminal law.
Solicitation To ask, command, urge, or advise another person to commit a crime.
Homicide The killing of one human by another
Criminal Intent The motive to kill or seriously harm another person
First-degree Murder Usually defined as the act of killing that is premeditated.
Felony murder Any killing that takes place during the commission of certain felonies such as arson, rape, robbery, or burglary.
Second-degree murder Killing that is done with malice but without premeditation or deliberation.
Voluntary manslaughter Killing would otherwise be seen as murder but that occurs after the victim has done something to the killer that would cause a reasonable person to lose self-control or act rashly.
Involuntary manslaughter A killing in which there is no intent to kill at all.
Negligent homicide Causing death through criminal negligence
Suicide The deliberate act taking of one's own life
Kidnapping Stealing a person to use as a servant or worker.
Assault Any attempt or threat to carry out a physical attack upon another person.
Battery Any unlawful physical contact inflicted by one person upon another person without consent.
Stalking When a person repeatedly follows or harasses another person and makes threats causing the victim to fear death or injury.
Cyberstalking Stalking but online
Sexual assault A specific kind of assault can include rape or attempted rape.
Rape Sexual intercourse without consent
Arson Willful and malicious burning of a person's property.
Vandalism Willful destruction of, or damage to, the property of another.
Larceny The unlawful taking taking and carrying away of the property of another person against his or her will with intent to permanently deprive the owner of it.
Shoplifting A form of larceny. Taking items from a store without paying.
Embezzlement Unlawful taking of property by someone to whom it was entrusted.
Robbery Unlawful taking of property from a person's immediate possession by force intimidation.
Extortion The use of threats to obtain the property of another
Burglary Originally defined as breaking the dwelling of another person during the night with intent to commit a felony therein.
Forgery A crime in which a person falsely makes or alters a writing or document with intent to defraud
Receiving Stolen Property A crime in which a person falsely makes or alters a writing or document with intent to defraud
Carjacking When a person uses force or intimidation to steal a car from a driver.
Cybercrime Describes a wide range of actions that involve computers and computer networks in criminal activities.
Alibi Evidence that a defendant was somewhere else at the time the crime was committed.
Infancy Children under the specified age have the defense of infancy.
Intoxication Someone can claim they were so intoxicated that they did not know what they were doing.
Insanity defense People who have a mental disease or disorder should not be convicted if they do not know what they're doing or don't know the difference between right and wrong.
Duress When a person does something as a result of coercion or a threat of immediate danger to life or personal safety.
Necessity When a person is compelled to react to a situation that is unavoidable to protect life.
Arrest Takes place when a person suspected of a crime is taken into custody.
Arrest warrant A court order commanding that the person named in it be taken into custody.
Probable cause To arrest means having a reasonable belief that a specific person has committed a crime.
Reasonable Suspicion Based on less evidence than probable cause, but must be more than a mere hunch
Search warrant A court order allowing law enforcement to search a specific area or place
Bail An assurance to the court that the defendant will return for trial
Preliminary hearing
A screening process used in about half of the states
Grand jury
A group of 16 to 23 people is charged with determining whether there is sufficient cause to believe that a person has committed a crime and should stand trial
Plea bargaining
Involves granting certain concessions to the defendant in exchange for a guilty plea.
Due process
Fair procedures
Probation
The defendant is released but must live under very strict regulations and meet certain conditions
Death penalty
The defendant is sentenced to die
Deterrence
Punishment to discourage the offender from committing another crime in the future
Rehabilitation
Helping convicted persons change their behavior so they can lead useful and productive lives
Parole
The release of a convicted person from prison before the full sentence
Delinquent offenders
Youths who have committed crimes
Status defenders
Youths who have committed acts that would not be crimes if they were adults
Juvenile waiver
Allows juvenile court judges to waive juveniles to adult court for prosecution
Expunged
Juvenile records that are destroyed
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