Chapters 1-7
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| Legislative | Makes the laws
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| Executive | Enforces the laws
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| Judicial | Interprets the laws
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| NORMS | UNDERLIE AND ARE INHERENT IN THE FABRIC OF SOCIETY (SOCIAL CODE)
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| MORALS | ETHICAL PRINCIPLES, OR PRINCIPLES MEANT TO GUIDE HUMAN CONDUCT AND BEHAVIOR; PRINCIPLES OR STANDARDS OF RIGHT AND WRONG
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| MORES | UNWRITTEN, BUT GENERALLY KNOWN, RULES THAT GOVERN SERIOUS VIOLATIONS OF THE SOCIAL CODE
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| aka. Private law | Common Law
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| aka. Criminal law | Public Law
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| Evolved from early English law | Common Law
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| Earliest type of Law | Common Law
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| Stare Decisis means: | Let the decision stand
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| Common law that is in effect today is known as: | Statutory law
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| Written law, codified-handed down by legislature | Statutory law
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| Precedent used in determining statues | Statutory law
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| Allows for consistency amongst all courts | statutory law
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| The legal rules and principles that define the nature and limits of governmental power and the duties and rights of the individuals in relation to the state | Constitutional Law
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| Sources of criminal law: | Statutory and Constitutional law
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| Based on customs, usages, and moral concepts of the people | Common Law
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| Defines the standards of conduct that society requires | Substantive Law
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| Defines crimes and specific punishments | Substantive Law
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| Established standards necessary to preserve order and protect rights | Substantive Law
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| A judicial requirement that enacted laws may not contain provisions that result in unfair, arbitrary, or unreasonable treatment of an individual | Substantive Law
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| Considered to be the supreme law of the land | Constitutional Law
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| Establishes justice and insure domestic tranquility | Constitutional Law
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| Restricts governments from infringing on individual rights | Bill of Rights
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| Justice for the individual | Bill of Rights
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| Right to Due Process | Bill of Rights
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| Advocates the protection of personal freedoms | Bill of Rights
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| Refers to broad legislative power of the STATE to pass laws that promote the public health, safety, and welfare | Police Power
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| The power of every state and local government to enact criminal laws (maintain public order)(Conformity to specified groups of norms) | Police Power
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| Not law, but rather a set of guidelines | Model Penal Code
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| Four states of mind: purposely, knowingly, recklessly, negligently | Model Penal Code
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| A private or civil wrong done to a person or their property | Tort
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| Imprisonment for greater than 1 year | Felony
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| Imprisonment for less than 1 year | Misdemeanor
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| Guilty act | Actus Reus
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| Guilty Mind | Mens Rea
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| The combination of Mens Rea and Actus Reus | Concurrence
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| Action taken to achieve goal | Purposeful
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| Action taken with awareness of the probable result | Knowing
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| Action that consciously disregards a substantial risk | Reckless
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| Negligent | Failure
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| Guilty mind, evil intent, criminal purpose, and knowledge of wrongfulness of conduct | Mens Rea
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| The degree of blameworthiness assigned to a defendant by criminal court and the extent to which the defendant is subject to penalizes prescribed by the criminal law | Criminal Liability
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| Degree of knowledge that makes an individual legally responsible for the consequences of his or her act | Scienter
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| A violation of law for which one may incur criminal liability without fault or intention | Strict Liability Crime
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| The state has no obligation to prove criminal intent. It must only prove that the defendant committed the act | Strict Liability Crime
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| Victim must die within a year and a day for defendant to be charged with murder | Year and a Day Rule
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| Illegal drugs, concealed weapons, instrumentalities, stolen property | Possession Alone as Crime
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| Direct physical contact, on or around his person | Actual
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| Not in actual possession, but who has power and intention to later take control over something | Constructive
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| Increasing the punishment "after the fact" | Ex Post Facto
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| A retroactive criminal statute | Ex Post Facto
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| A legislative act that inflicts punishment without the benefit of a trial | Bill of Attainder
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| Cannot create a legislative act which inflicts punishment on a person who has not had a prior trial. The US Constitution forbids it. | Bill of Attainder
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| "Body of Crime" | Corpus Delicti
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| The facts that show that a crime has occured | Corpus Delicti
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| A criminal conviction cannot be based solely on a confession or admission of the accused | The Corpus Delicti Rule
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| Prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause | Fourth Amendment
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| Imposes restrictions on the government's prosecution of persons accused of crimes. It prohibits self-incrimination and double jeopardy and mandates due process of law | Fifth Amendment
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| The rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you | Sixth Amendment
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| In crimes in which there is harm, the court must show that the harm resulted in some way from the criminal act or omission | Proximate Cause and Causation
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| A person who accidentally or unintentionally causes death while committing a felony can be charged with murder | Proximate Cause and Causation
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| A method for determining causality that holds "without this, that would not be" or "but for the conduct of the accused, the harm in question would not have occurred." | The "But For" Rule
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| Invalidates laws that are written in such a manner that it is difficult to determine whether or not the defendant has engaged in conduct that is prohibited by the law | Void for Vagueness Doctrine
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| An unfinished or partially finished crime that generally leads to another crime | Inchoate Crimes
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| Sometimes referred to as an "Anticipatory Offense" | Inchoate Crimes
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| One person, with intent that another person commit a crime, entice, advise, incite, order, or otherwise encourage that person to commit a crim | Solicitation
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| Combination between 2 or more persons for the purpose of accomplishing an unlawful act | Conspiracy
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| Any act in furtherance of the conspiracy | Overt Act
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| Criminal Liability of one party for the criminal acts of another party | Vicarious Liability
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| This rule state that conspiracy cannot be charge if the number of person involved is only the number necessary to commit the crime | Wharton Rule
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| Dueling, bigamy, gambling, adultery, incest, pandering, receiving a bribe are examples of: | Wharton Rule
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| A person engage in conduct which tends to effect the commission of such crime | The Crime of Attempt
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| The intent to do an act or bring about certain consequences which would amount to a crime | Attempt
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| Doing some act in pursuance of that objective which goes beyond preparation | Attempt
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| Conduct showing the firmness of the defendant's criminal intent | Substantial Step
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| An act or omission that may be part of a series of acts or omissions demonstrating behaviors and or conduct that would result in the commission of a crime | Mere Preparation
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| It fails to meet the requirements for the Substantial Step Test | Mere Preparation
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| Person who actually committed the crime | Principle in the 1st degree
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| Person who was present at commission of crime | Principle in the 2nd degree
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| Person was not involved in planning the crime | Principle in the 2nd degree
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| Person aided or abetted in actual commission of the crime | Principle in the 2nd degree
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| Person aided in preparation for the crime | Accessory Before the Fact
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| Person not actually present during the commission of the crime | Accessory Before the Fact
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| Person knew crime had been committed and gave aid to person who committed the crime | Accessory After the Fact
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| Parties to a crime | Common Law 1760's
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