Term | Definition |
Criminal Law | System of law that punishes those who commit crimes |
Statutory Law | Term used to define written laws |
Common Law | Judge made laws according to traditions and customs |
Civil Law | Law that covers compensation of victim |
Tort Law | Grounds for lawsuit. Covering damage or injury |
Proof Beyond a Reasonable Doubt | Every fact necessary to constitute the crime charged |
Presumed Innocent Until Proven Guilty | Innocent until proven guilty |
Actus Reus | Physical act or social harm |
Mens Rea | Wrongful state of mind |
Deliberate Bodily Movement | The physical act required for a crime distinguished from an unconscious person. Ex: sleepwalker |
Evil Thoughts | Negative ideas in head |
Express Thoughts | Verbalizing your thoughts and engaging in harmful conduct |
Agreement | Consent to participate |
Attempt | More than basic preparation |
Consummation | Completing the whole crime |
Request | To express a desire for |
Clear and Convincing Evidence | Higher standard than preponderance but lower than beyond reasonable doubt. |
18) Prima Facie Evidence | Based on first impression, correct until proven otherwise |
19) Preponderance of Evidence | A requirement that more than 50% of evidence points to something |
20) Bill of Attainder | Legislative acts convincing an individual of a crime |
21) Ex Post Facto Laws | A law that makes an act illegal that was legal when committed |
22) Bench Trial | Judge determines both facts and applicable law |
23) Jury Trial | Trial where jury decides the facts of case have been proven |
24) Willful State of Mind | Actual knowledge of the threat to another person’s safety |
25) Wanton State of Mind | Extremely reckless disregard of the safety of others |
Omission | Failure to act when the law imposes a duty |
27) Rehabilitation | Action of restoring someone to normal life |
28) Retribution | Eye for an eye. Punishment for a wrong or criminal act |
29) Incapacitation | Restraining or locking someone up |
Deterrence (specific deterrence and general deterrence) | Specific deterrence and general deterrence |
Legislative Branch | Creates laws |
Strict Liability Crimes | Liability for the guilty mind |
Scienter Crimes | Intent or knowledge of wrongdoing |
Specific Intent Crimes | Focuses on what the defendant intended at the time of offense |
General Intent Crimes | Accidental harm caused by recklessness |
Crimes Mala Prohibita | Crimes only because the existence of regulation. Ex: traffic laws |
Burden of Proof | Presenting the evidence to jury and jury weighs the evidence |
Administrative Regulations | The body of law that governs the administration (IRS) |
Vagueness Doctrine | Declaration that a law is invalid because its not clear |
Affirmative Defenses | Defendant admits committing the acts charged with and seeks to justify their conduct. Ex: self defense |