Question | Answer |
Actual Possession | Physically having and being in control of something |
Actus Reus | The guilty act of the crime |
Canon of Construction | A rule in the court that guides the understanding of other rules/laws |
Concurrence | Having both actus reus and mens rea |
Conduct | Behavior and mental state |
Constructive Possession | The control of something even if one doesn't physically have it |
Criminal Liability | Someone is responsible for a crime when he or she had criminal intent |
Criminal Negligence | Recklessly acting without reasonable caution of another's well-being |
Deadly Weapon Doctrine | The intent to kill or cause serious bodily harm with a weapon |
Elements of Crime | The basic components of a crime |
General Intent | The assumed intent of the defendant |
Inference | Conclusions drawn from facts |
Jury Instructions | Directions given by a judge to a jury |
Knowing Behavior | Doing something with an awareness |
Knowing Possession | Having something you're not supposed to and knowing it |
Legislative History | The history of meetings and intents on particular legislative statute |
Mens Rea | The mental state of a crime |
Mere Possession | Having something you're not supposed to without knowing |
Motive | The "why" of a crime |
Omission to Act | Intentional or unintentional failure to act |
Reckless Behavior | Acting and increasing risk of harm |
Scienter | Guilty knowledge |
Specific Intent | Particular intention to do something |
Strict Liability | Blame without fault or intentions |
Strict Liability Crime | Responsibility of a crime without fault or harmful intentions |
Transferred Intent | When something is meant for one person and affects the other, the perpetrator is still liable |
Affirmative Defense | The perpetrator is not denying the fact they committed the crime, and even offering excuses or defenses as to why they committed said crime |
Alter Ego Rule | Requires the defendant to step/walk in the shoes of the person to determine if deadly force was necessary |
Apparent Danger | An obvious display of danger, possibly a physical threat |
Castle Exception | One can act upon an immediate threat using deadly force in their home, a place of retreat |
Consent | If the victim consented to the injury or the possibility of injury, it is justified |
Deadly Force | Force intended to or resulting in death or serious bodily harm |
Defense | The defendant or the attorney's attempt to show why the person should not be charged with the crime(s) |
Excuse | The defendant's account as to why they shouldn't be held liable under that law |
Execution-of-Public-Duty Defense | Protection of law enforcement employees and public employees who were just doing their jobs |
Express Consent | A verbal agreement to be involved in the action (such as sex) |
Fleeing Felon Rule | (Now defunctional law) that allows an officer to shoot a suspect who is/could be a felon trying to flee arrest |
Justification | The defendant says, "I did it," but for the lesser of two evils |
Necessity | It was necessary to commit a criminal act to prevent a worse/greater one |
Perfect Self-Defense | A defense that meets all the requirements/criteria in order to validate their claims |
Reasonable Force | An appropriate amount of force given the situation |
Reasonable Person | A person who serves as comparative |
Retreat Rule | If you are attacked, avoid the attack |
Self Defense | Every individual has the right of self-protection |
Stand Your Ground | Reasonable use of deadly force to protect life or limb |
Arrest Warrant | A document issued by a judge authorizing a (specific) search or seizure |
Preliminary Hearing | A hearing to determine if there is enough evidence for a trial |
Initial Appearance | The alleged criminal is brought before a judge and explained their charges and rights |
Arraignment | A judge reads the formal charges against the defendant/the defendant enters a plea |
Misdemeanor | A minor wrongdoing/punishable by fine or less than one year in jail |
Felony | A major wrongdoing/more than one year in jail |
Indictment | A formal accusation that someone has committed a crime |
Grand Jury | A time consuming jury selected to validate accusations before a trial |
Information | A sworn statement by the prosecution saying there is enough evidence for a trial |
Verdict | The decision made by a jury in trial |
Hung Jury | A jury that cannot decide on a verdict |
Mistrial | Something happened in/during trial, and they have to start the entire process over |
Petit Jury | A group of citizens who hear evidence during a trial |
Opening Statements | The first time a jury has to hear from either party |
Cross Examination | One party questioning the other's witnesses |
Bench Trial | A judge jury, without citizens |
Legal Objections | Raised by an attorney during a trial objecting to a statement or question |
Closing Arguments | Concluding statement of each party's council |
Deliberation | A careful consideration by the jury |
Foreperson | The head juror |
Sentencing | The decision upon imprisonment or fine |