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Criminal Law Pt.1
| Term | Definition |
|---|---|
| CRIME | The commission of an act prohibited by criminal law or the failure to act as required by criminal law |
| NULLA POENA SINE LEGE | Translates as "no punishment without law"; no conduct constitutes an offense unless it is a crime or violation under U.S. crime code or a state's crime code |
| MALA IN SE | Acts that are evil in themselves; most if not all people view them as criminal (Ex. - murder/rape/arson) |
| MALA PROHIBITA | Acts that are considered crimes only because statutes have made them such; not all people would view them as criminal (Ex. - gambling/underage drinking) |
| RETRIBUTION | Revenge; based on the assumption that the criminal deserves to be punished |
| INCAPACITATION | Makes it impossible for the criminal to pray on society; historically, incapacitation was employed in most societies. Places those convicted in jail |
| REFORMATION/REHABILITATION | Focuses on the criminal and the possibility of changing behavior with proper treatment Very popular in the 1960's and 1970's, and employed today |
| DETERRENCE | This is based on the assumption that behavior is rational and that criminal behavior can be prevented if people are afraid of the penalties |
| JURISDICTION | The lawful right of the legislative, executive, or judicial branch to exercise official authority It also extends to the power/authority of law enforcement personnel |
| ELEMENTS OF A CRIME | All aspects of a criminal act that must be proven beyond a reasonable doubt by the prosecution in order to get a conviction |
| ACTUS REUS | The actual criminal act or wrongful deed |
| ARREST | An individual is taken into custody against his/her will by a lawful authority and deprived of their freedom for the purpose of criminal prosecution or interrogation |
| CONTINUANCE | A delay during trial if there is sufficient reason |
| DEFENSE | A response made against allegations/charges by a defendant in a civil/criminal case |
| AFFIRMATIVE DEFENSE | The introduction of new factual evidence that, if true, constitutes a defense to the charges they are facing |
| MISTAKE | The person commits a criminal act that he would not have committed had he had knowledge of the law or facts |
| DURESS | To succeed the defendant must prove that when he committed the crime he/she was being threatened with unlawful force and thus chose the lesser of two evils (Does not apply to murder) |
| NECESSITY | This is similar to duress except that , in most cases, the coercive force in necessity are forces of nature rather than human forces; once again, the actor must demonstrate that he chose the lesser of two evils |
| INSANITY | Refers to a mental condition that negates a defendant's responsibility for his actions; when used successfully this defense results in an acquittal; but unlike the successful use of other defenses, the successful use of this does not always result in the |
| ENTRAPMENT | This defense applies only to government agents or their employees; two elements must be proven by the defense: the government agent induced the defendant to commit the crime and the defendant was not otherwise predisposed to commit the crime |
| SELF-DEFENSE | The general rule of this defense is that a person is permitted to use as much force as is necessary for protection when threatened with unlawful force that would cause immediate harm |
| INTOXICATION | This has been recognized as at least a partial defense under some circumstances; including the influence of other drugs as well as alcohol |
| MENS REA | The evil state of mind that accompanies the criminal act; the guilty intent; this intent must be proven and cannot be assumed |
Created by:
silmab