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Legal Aspects Unit 2
Unit 2 65 Terms
Term | Definition |
---|---|
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 |