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crim final
| Question | Answer |
|---|---|
| civil law | the system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs. |
| criminal law | offenses against the state or public, establishing rules for prosecuting individuals who commit crimes, and prescribing punishments like fines or imprisonment to maintain order and protect society |
| authoritarian law | political system characterized by the rejection of political plurality, the use of strong central power to preserve the political status |
| substantive law | rights, duties, and obligations of individuals and organizations, establishing what conduct is legal or illegal |
| common law | rules develop from judicial decisions and precedents (past case rulings) rather than solely from statutes (written laws) |
| penal code | comprehensive body of laws defining criminal offenses, establishing fair punishments, and outlining corrective measures to protect public safety |
| congress- role in creating laws | legislative branch of the U.S. government, responsible for drafting, debating, and passing federal laws that influence daily life |
| malice aforethought | intention to kill or harm, which is held to distinguish unlawful killing from murder |
| state legislatures- roles in creating laws | researching, drafting, debating, and voting on bills in two chambers (usually a Senate and House), which, after passing both, go to the governor for signing or vetoing |
| legality | quality or state of being in accordance with the law. |
| causation | action of causing something. |
| punishment | infliction or imposition of a restriction, financial penalty, form of suffering, or other undesired consequence for an offense. |
| mens rea | intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused. |
| concurrence | two or more events or circumstances happening or existing at the same time. |
| M'naughten rule | legal standard for the insanity defense, stating a defendant is not criminally responsible if, due to a mental disease or defect, they couldn't understand the nature/quality of their act, or didn't know it was wrong |
| the durham rule | Durham v. United States (1954), is a legal standard for the insanity defense stating a defendant isn't criminally responsible if their unlawful act was the "product of a mental disease or defect |
| bill of rights and connection to state power | tension between protecting individual rights from infringement and reserving unenumerated powers to the states |
| level of force used in self defense | reasonable and proportional to the threat, meaning you can only use the amount of force necessary to stop the immediate danger, not excessive force |
| fourth amendment- overview and application | unreasonable searches and seizures by the government, safeguarding privacy in personal spaces (persons, houses, papers, effects) and requiring warrants based on probable cause for most government intrusions |
| fifth amendment- overview and application | right to a grand jury indictment for serious federal crimes, protection against double jeopardy (being tried twice for the same offense), protection against self-incrimination |
| sixth amendment- overview and application | fair trial through a speedy, public, impartial jury, right to know charges/accusers, confront witnesses, call own witnesses, and have legal counsel |
| seventh amendment- overview and application | right to a jury trial in certain federal civil cases |
| eighth amendment- overview and application | protects against excessive bail/fines and cruel/unusual punishments, applying to federal and state governments and covering issues like prison conditions |
| supreme court | highest court in a national or state judicial system, serving as the final court of appeal and interpreter of laws, most notably the constitution |
| "search" | legal document signed by a judge or magistrate that authorizes law enforcement to search a specific location for specific items related to a crime |
| reasonable suspicion | have specific, articulable facts, based on training and experience, to believe criminal activity is afoot |
| reasonable doubt | jurors must be firmly convinced of the defendant's guilt, with no logical or rational reason to doubt it, after carefully considering all the evidence. |
| preponderance of evidence | civil cases meaning the evidence shows a fact is more likely true than not |
| probable cause | sufficient facts and circumstances for a reasonable person to believe a crime has been committed, is being committed, or that evidence of a crime exists in a specific location, justifying an arrest, search, or warrant |
| types of evidence- forensics, scientific and circumstantial | Forensic evidence uses scientific methods (DNA, fingerprints, ballistics) to link suspects to crimes, often serving as powerful circumstantial evidence by implying presence or action, while circumstantial evidence (like footprints, motive) |
| "stop and frisk" | briefly detain someone and pat down their outer clothing (frisk) if they have reasonable suspicion, not probable cause, that the person is involved in criminal activity and might be armed. |
| warrantless searches | search of a person or property conducted without a judicial warrant, which is generally required by the Fourth Amendment to protect against unreasonable searches and seizures. However, these searches are permissible under specific |
| miranda rights | U.S. legal protections requiring law enforcement to inform suspects in custody of their right to remain silent and their right to an attorney before interrogation |
| money laundering | the illegal process of disguising money from criminal activities (like drug trafficking, fraud, or terrorism) to make it appear to come from a legitimate source |
| crimes without victims | an illegal act that involves only the perpetrator or consenting adults, with no identifiable direct victim |
| victimology | study of the victims of crime and the psychological effects on them of their experience. |
| mala in se | Latin legal term meaning "wrong in itself," referring to acts considered inherently evil or morally wrong by nature |
| mala prohibita | acts that are illegal only because a specific statute or regulation forbids them, not because they are inherently evil or immoral, contrasting with mala in se offenses (like murder) that are wrong in themselves |
| classical criminology | an 18th-century theory, founded by Beccaria and Bentham, viewing crime as a rational choice where individuals weigh pleasure vs. pain, advocating for swift, certain, and proportionate punishments to deter crime, |
| occupational crimes | illegal acts committed by individuals during their legal employment, exploiting the opportunities of their job for personal gain |
| positivist criminology | a theory that criminal behavior stems from external, biological, or psychological factors beyond an individual's free will, using scientific methods (measurement, objectivity) to find these causes |
| organized crime | criminal activities that are planned and controlled by powerful groups and carried out on a large scale. |
| visible crime | offenses against persons or property that are easily seen and often committed by lower-class individuals |
| political crime | an illegal act motivated by political goals, intended to challenge, change, or overthrow a government or its policies, rather than for personal gain |
| cybercrime | any illegal activity using a computer, computer network, or digital device, either as the target or the tool, to commit offenses like fraud, theft, data breaches, espionage, or disruption |
| guardian ad litem | a court-appointed person (often a lawyer) who represents the best interests of a vulnerable party, typically a minor or incapacitated adult |
| hate crime/bias crime | traditional criminal offense (like assault, vandalism, or murder) that is motivated, in whole or in part, by an offender's bias against a victim's perceived or actual race, religion, disability, sexual orientation, ethnicity, gender, or gender identity |
| uniform crime report | nationwide effort where law enforcement agencies voluntarily submit data on crimes reported to them, compiling statistics on serious crimes like murder, rape, robbery, and burglary, as well as other offenses |
| negligence | failure to take proper care in doing something. |
| status offense | non-criminal act that is illegal only because the person committing it is a minor, such as skipping school (truancy), running away from home, or violating curfew, which are not offenses if committed by an adult |
| McKevier v pennsylvania | juveniles do not have a constitutional right to a jury trial in state juvenile delinquency proceedings |
| parens patriae | government, or any other authority, regarded as the legal protector of citizens unable to protect themselves |
| national crime victimization survey | representative sample of households annually to gather info on nonfatal crimes (like rape, robbery, assault, burglary, theft) against people 12 and older, whether reported to police or not, focusing on victim |
| juvenile justice and delinquency prevention connection | a comprehensive approach aimed at reducing youth crime and victimization through early intervention, rehabilitation, and systemic reform |
| adjudication | action or process of adjudicating. |
| actus rea | physical component of a crime, meaning the actual wrongful deed or failure to act that the law prohibits, which, combined with the guilty mind |
| mistake of fact | false belief about a crucial circumstance that negates the necessary criminal intent (mens rea) for an offense, or that can void a contract |
| self defense | defense of one's person or interests, especially through the use of physical force, which is permitted in certain cases as an answer to a charge of violent crime |
| duress | threats, violence, constraints, or other action brought to bear on someone to do something against their will or better judgment. |
| malice | intention or desire to do evil; ill will. |
| legality | quality or state of being in accordance with the law. |
| harm | physical injury or damage to health. |
| necessity | the fact of being required or indispensable. |
| entrapment | the action of tricking someone into committing a crime in order to secure their prosecution. |
| social norm | the unwritten rules, expectations, and standards for acceptable behavior within a group or culture |
| deviance | fact or state of departing from usual or accepted standards, especially in social or sexual behavior. |
| social control | the mechanisms, rules, and institutions societies use to regulate individual behavior and maintain order |
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