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Criminal Law CJ105

front 1

Contempt of court that results from matters outside the court, such as failure to comply with court orders

back 1

Constructive contempt

front 2

A criminal form of contempt of court that occurs in the presence of the court when a person resists the courts authority

back 2

Direct contempt

front 3

Any affirmative act or omission that obstructs justice or attempts to negate the dignity and authority of the court

back 3

Contempt of court

front 4

A crime that occurs when a person who is lawfully detained or imprisoned leaves custody before he or she is entitled to freedom by due process of law

back 4

Escape

front 5

The failure to do something ordered by the court for the benefit of another party to the proceedings

back 5

Civil contempt

front 6

An act of disrespect toward the court or its procedures, other than direct contempt that obstructs the administration of justice

back 6

Criminal contempt

front 7

The act of failing to report or prosecute a known felony and taking positive steps to conceal the crime

back 7

Misprision of a felony

front 8

An offense that occurs when someone refuses to report or prosecute a felony in exchange for a benefit or reward of some value

back 8

Compounding a felony

front 9

Physical efforts to oppose a lawful arrest

back 9

Resisting arrest

front 10

A crime that occurs when a defendant, or a person working on behalf of the defendant, suppresses (hides), destroys, or refuses to produce evidence relevant to a grand jury investigation

back 10

Suppressing evidence

front 11

The crime of procuring another person to make a false oath

back 11

Subornation of perjury

front 12

The giving of a false oath during a proceeding or matter in which an oath is required by law

back 12

False swearing

front 13

Making false statements under oath or affirmation

back 13

Perjury

front 14

An extension of the crime of bribery to include people other than public officials whose functions are considered important to the public

back 14

Quasi-bribery

front 15

Illegal conduct with the intent to influence witness testimony, such as by approaching a potential witness with threats or other means to prevent the witness from testifying

back 15

Witness Tampering

front 16

The giving, receiving, or soliciting of anything of value to influence an employee or professional in the performance of his or her duties

back 16

Commercial bribery

front 17

The act by which one or more persons attempt to or actually prevent the execution of a lawful process

back 17

Obstruction of justice

front 18

A federal act that prohibits the knowing transportation in interstate or foreign commerce of any individual, male or female, with the intent that such individual engage in prostitution or in any sexual activity

back 18

Mann act

front 19

A crime that is committed when one person agrees to engage in sexual or deviate sexual intercourse in return for something of value, usually money

back 19

Prostitution

front 20

The act of staking or risking something of value on the outcome of a contest of chance, or on a future even of chance that is not under the gambler's control or influence

back 20

Gambling

front 21

Voluntary, unlawful sexual intercourse under circumstances not constituting adultery

back 21

Fornication

front 22

Sexual relations with someone other than a spouse when the person is married

back 22

Adultery

front 23

Either procuring a prostitute for a place of prostitution or procuring a place for a prostitute to engage in prostitution

back 23

Pandering

front 24

Promoting prostitution, living off the earnings of prostitutes, and in some cases coercing individuals to work as prostitutes

back 24

Pimping

front 25

The unlawful sexual penetration of the anus by one person by the penis of another

back 25

Sodomy

front 26

The act of offering to pay another, or receive payment from another, for sex

back 26

Solicitation

front 27

Repeated intentional acts of exposing the genitals to an unsuspecting stranger or strangers for the purpose of achieving sexual excitement.

back 27

Exhibitionism

front 28

An offensive display of one's body in public, especially the genitals or the female breasts

back 28

Indecent exposure

front 29

Any weapon that can, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer

back 29

Firearm

front 30

One of the prohibited weapons named by federal legislation, such as rifles with conspicuous pistol grips, pistols with shrouds, and shotguns with a higher ammunition capacity

back 30

Assault weapon

front 31

Causing the death of a human being by reason of operation of a motor vehicle while under the influence of alcohol or drugs

back 31

DUI Manslaughter

front 32

A loosely defined offense addressing behavior that disturbs the safety, health, or morals of others, or that is intended to annoy another person

back 32

Disorderly conduct

front 33

Driving with voluntary and wanton disregard for the safety of persons or property

back 33

Reckless driving

front 34

A tumultuous disturbance of the peace by three or more persons assembling together in the execution of a lawful or unlawful act and committing it in a violent and turbulent manner

back 34

Riot

front 35

Operating a motor vehicle while under the influence of a substance or with a blood or breath alcohol concentration above a prohibited level

back 35

Driving under the influence (DUI)

front 36

An unlawful assembly that is escalating toward, but does not reach, the level of a riot; an attempted riot

back 36

Rout

front 37

A gathering together of three or more persons with the common intent to achieve a lawful or unlawful prupose in a tumultuous manner

back 37

Unlawful assembly

front 38

Crimes (such as rape and murder) that are inherently wrong

back 38

mala in se

front 39

Crimes defining conduct that is wrong only because the law says it is wrong, in order to protect the general public

back 39

mala prohibita

front 40

The ending or eliminating of a nuisance

back 40

Abatement

front 41

Anything that endangers life or health, gives offense to the senses, violates laws of decency, or obstructs the reasonable and comfortable use of property

back 41

Nuisance

front 42

A crime that is vaguely defined as being idle or wandering without a visible means of support; no longer a crime in most jurisdictions because of the unconstitutionality of past vagrancy laws

back 42

Vagrancy

front 43

Offenses designed to protect the general public by dealing with behavior that is not necessarily immoral, but nonetheless affects the peace and safety of the community

back 43

Public order and safety offenses

front 44

Creating a document that is not authentic

back 44

Fraudulent making

front 45

Presenting a forged writing and attempting to use it to deceive or cheat

back 45

Uttering

front 46

Making or altering a writing, with the purpose of deceiving or injuring, in such a way as to convey a false impression concerning its authenticity

back 46

Forgery

front 47

Payment by a person to a public official in order to gain an advantage that the person is not otherwise entitled to; both parties are guilty of the crime.

back 47

Bribery

front 48

A threat by a private citizen seeking hush money, or payment, to remain silent about a crime or shameful act

back 48

Blackmail

front 49

The requirement at common law for the crime of extortion that the action taken by the perpetrator be in his or her capacity as a public official

back 49

Under color of authority or office

front 50

A relationship between the defendant and the stolen goods such that it is reasonable to treat the extent of the defendant's dominion and control over the property as if it were actual possession

back 50

Constructive possession

front 51

The wrongful misuse or taking of another's property that has been entrusted to the accused

back 51

Misappropriation

front 52

The unlawful taking or misuse of property by persons, typically employees, who lawfully come into possession of the property and therefore do not meet the theft or larceny requirement of wrongfully obtaining the property

back 52

Embezzlement

front 53

Acquiring possession, control, or tittle, or lending on the security of, property that has been stolen

back 53

Receiving

front 54

The gaining of property by threat of physical harm to a person or property by a public official under color of his or her office

back 54

Extortion

front 55

A crime in which title or ownership of the property is passed to the defendant in reliance on the defendant's misrepresentation

back 55

False pretenses

front 56

Property over which a person voluntarily gives up permanent possession or ownership

back 56

Abandoned property

front 57

Illegal driving of someone else's automobile without permission, but with no intent to deprive the owner of it permanently

back 57

Joyriding

front 58

Vehicle proceeding on land by means of its own power plant and free of rails, tracks, or overhead wires

back 58

Motor vehicle

front 59

The taking and carrying away of the property of another, without consent, with the purpose of stealing or permanently depriving the owner of possession

back 59

Larceny

front 60

The original unlawful taker of property of another person

back 60

Thief

front 61

A crime identified by a specific theft statute to address thefts of merchandise, concealment of merchandise, altering of price tags, and retail theft

back 61

Shoplifting

front 62

Statutory offense of taking property from the person of another; the penalty is usually greater than that for simple larceny

back 62

Larceny from a person

front 63

The misdemeanor taking of property under a set monetary amount. Less serious than grand theft

back 63

Petit or petty theft

front 64

The felonious taking of property valued above a set monetary amount, or the theft of a motor vehicle. More serious than petit or petty theft

back 64

Grand Theft

front 65

A broad category of misconduct against property that includes the crimes of larceny, embezzlement, theft by false pretenses, shoplifting, robbery, and receiving stolen goods

back 65

Theft

front 66

Tools and instruments that are designed, adapted, or commonly used to commit burglaries

back 66

Burglar's tools

front 67

Simple burglary with the added elements of entering an inhabited dwelling, or any structure or vehicle, while armed with a dangerous weapon, or by committing a battery after or upon the entry

back 67

Aggravated burglary

front 68

An entry effected by using an instrumentality, such as another person, an animal, or a physical object

back 68

Constructive entry

front 69

The unauthorized entering of any dwelling, vehicle, watercraft, or other structure, with the intent to commit a felony or theft

back 69

Simple burglary

front 70

A door inside a building hat does not lead directly to the outside

back 70

Inner door

front 71

Unlawful forced entry; similar to burglary, but without the specific intent to commit a theft or felony inside the structure

back 71

Breaking and entering

front 72

Whether the dwelling is used regularly as a place to sleep determines whether a dwelling is occupied

back 72

Sleep test

front 73

At common law, the period between sunset and sunrise when there is not enough daylight to discern a man's face

back 73

Nighttime

front 74

Breaking and entering, in the nighttime, of the mansion or dwelling house or curtilage of another, with the intent to commit a felony

back 74

Common law burglary

front 75

The malicious, willful burning of, or attempted burning of, one's own or another person's property.

back 75

Modern arson

front 76

The land immediately surrounding and associated with the home, including such structures as a barn, outhouse, or milk house

back 76

Curtilage

front 77

The voluntary, intentional nature of a crime; required as a separate element of arson

back 77

Willfulness

front 78

The malicious and willful burning of another's house

back 78

Common law arson

front 79

The abuse, neglect, or financial exploitation of elderly persons

back 79

Elder abuse

front 80

A felony defined as taking or carrying away a person without consent, by force or fraud, without lawful excuse, and often with a demand for ransom

back 80

Kidnapping

front 81

A defense in many jurisdictions in which the victim of abuse eventually "snaps" and kills the abuser

back 81

Battered woman syndrome

front 82

An intentional or neglectful physical or emotional injury imposed on a child, including sexual molestation

back 82

Child abuse

front 83

An exception to false imprisonment laws that gives a shopkeeper the right to restrain a person if the shopkeeper possesses a reasonable belief that the customer has not paid a bill or has shoplifted an item

back 83

Shopkeeper's rule

front 84

Long-term physical abuse by the victim's spouse or partner

back 84

Spousal abuse

front 85

The point at which a fetus can reasonably live outside its mothers womb, with or without artificial support

back 85

Viability

front 86

The artificially induced expulsion of a fetus by illegal means, such as spousal abuse

back 86

Criminal abortion

front 87

A clinical condition suffered by young children who have been the victims of prolonged serious physical abuse

back 87

Battered child syndrome

front 88

A statute that has been enacted in all 50 states that requires community notification by authorities when a convicted sex offender is released from prison

back 88

Megan's Law

front 89

Any sexual conduct by an adult with a child

back 89

Child molestation

front 90

A condition observed in some rape victims in which the victim develops phobias and physical problems as a result of having been raped.

back 90

Rape trauma syndrome

front 91

Nonconsensual sex between a woman and her husband, ex-husband, or partner

back 91

Spousal rape

front 92

Robbery accomplished by means of a dangerous or deadly weapon; often classified as robbery in the first degree or aggravated robbery

back 92

Armed robbery

front 93

A form of rape involving sexual intercourse between an adult and a child, usually between the ages of 13 and 17.

back 93

Statutory rape

front 94

A felony defined as "the carnal knowledge of a woman forcibly and against her will."

back 94

Rape

front 95

The taking of property by the use of force or fear, where the property is taken either from the person of the victim or in his or her immediate presence.

back 95

Robbery

front 96

A misdemeanor consisting of either an attempted battery or an intentional frightening of another person

back 96

Assault

front 97

A criminal homicide in which the perpetrator caused a death while operating a motor vehicle, either by gross negligence or while under the influence of alcohol or other drugs

back 97

Vehicular manslaughter

front 98

A criminal homicide committed by a person who has neglected to exercise the degree of care that an ordinary person would have exercised under the same circumstances

back 98

Negligent homicide

front 99

The felony of assault with intent to maim

back 99

Mayhem

front 100

Assault with intent to kill, rob, or rape, or assault with specified deadly weapons. A felony in most states

back 100

Aggravated assault

front 101

An assault in which the actor threatens harm only under certain conditions, such as the failure of the victim to act in a certain way demanded by the actor.

back 101

Conditional assault

front 102

A misdemeanor consisting of the unlawful application of force that actually and intentionally causes the touching of another person against his or her will

back 102

Battery

front 103

A partial defense that reduces a murder charge to voluntary manslaughter, where the claim of self-defense fails but it is not objectively reasonable but is honestly believed by the accused

back 103

Imperfect self-defense

front 104

When the acts or conduct of the person killed would be sufficient to cause a person of reasonable, ordinary temperament to lose self-control

back 104

Adequate provocation

front 105

The reduction, or lessening, of a penalty or punishment imposed by law

back 105

Mitigation

front 106

Felonies involving conduct that is inherently dangerous to human life, such as rape, arson, and armed robbery

back 106

Inherently dangerous felonies

front 107

An intentional, unlawful killing of a human being without malice aforethought

back 107

Voluntary manslaughter

front 108

A charge of murder with the maximum punishment of death, often called murder in the first degree

back 108

Capital murder

front 109

The rule that when the accused kills in the course of committing a felony, the mens rea for murder is present in the intent to commit a felony, and therefore murder has been committed

back 109

Felony Murder Rule

front 110

A state of mind connoting an "abandoned and malignant heart." It is not limited to the specific intent to kill, since even a wanton or reckless state of mind may constitute malice

back 110

Malice

front 111

The causation rule that requires that, in order to classify a killing as a homicide, the victim must die within a year and a day after the act causing death occurred.

back 111

Year-and-a-day rule

front 112

The killing of another without the mental element of malice aforethought

back 112

Manslaughter

front 113

The killing of another with the mental element of malice aforethought

back 113

Murder

front 114

The unlawful killing of a fetus

back 114

Feticide

front 115

The common law rule defining the beginning of life, for purposes of criminal homicide, as the birth of a live child

back 115

Born-alive rule

front 116

The required proof that a crime has been committed. In homicide cases, this usually means the corpse of the victim

back 116

Corpus Delicti

front 117

The mental state that raises second-degree murder to first-degree murder in jurisdictions that classify murder into two or more levels. It implies a cold-blooded killing

back 117

Premeditation and deliberation

front 118

Under modern law, any one of four mental states that reveal the intent to
1- Kill
2- Inflict greievous bodily injury
3- Show extreme reckless disregard for human life
4- commit a felony that results in another's death

back 118

Malice aforethought

front 119

Any act that causes the death of another person with criminal intent and without lawful justification or excuse

back 119

Criminal homicide

front 120

The killing of one human by another

back 120

Homicide

front 121

A principle that has been read into the cruel and unusual punishment clause of the 8th Amendment to measure the validity of punishment, including the death penalty

back 121

Proportionality

front 122

Laws that provide for enhanced sentencing of repeat offenders

back 122

Habitual-felon laws

front 123

A process through which all the parties with a stake in a particular offense come together to resolve collectively how to deal with the aftermath of the offense and its implications for the future

back 123

Restorative Justice

front 124

Laws by which the state's legislature fixes either the exact penalty for the crime or a minimum number of years that the defendant must serve

back 124

Mandatory sentencing

front 125

The release of an offender from incarceration prior to the expiration of the full term of incarceration, to carry out the rest of the sentence with conditions under the supervision of a corrections offier

back 125

Parole

front 126

The suspension of a sentence of incarceration allowing the offender to return to the community with conditions under the supervision of a probation officer

back 126

Probation

front 127

A set of standards for sentencing, set by a commission legislatively established for that purpose, that judges in a determinate sentencing system must or may follow

back 127

Sentencing guidelines

front 128

A sentencing system that abolishes parole boards and creates presumptive sentencing ranges for various classes of offenses, thereby limiting trial judges discretion; such a system typically has sentencing guidelines for judges to follow

back 128

Determinate sentencing

front 129

State and federal prison population increased ______ % since 1970

back 129

628

front 130

A sentencing system in which the trial judge has great discretion and correctional authorities have the power to release a prisoner before completion of the maximum sentence imposed by the judge if, in the view of those authorities, rehabilitative goals have been achieved.

back 130

Indeterminate sentencing

front 131

A justification for punishment based on the theory that a social practice is desirable if it promotes the greatest number of people.

back 131

Utilitarian justification

front 132

A justification for punishment based on the theory that a wrongdoer deserves punishment for punishment's sake

back 132

Retributive justice

front 133

The imposition of punishment in the context of an "eye for an eye" or a "tooth for a tooth"; usually associated with retribution, though the utilitarian may see a benefit.

back 133

Vengeance

front 134

Laws that impose sentences of 25 years to life for those who have been convicted of certain serious offenses three times

back 134

Three-strikes laws

front 135

Laws that impose maximum penalties for certain crimes, such as particular sex offenses; also known as one-strike laws

back 135

Zero tolerance

front 136

When an agent of the government, using authority granted by virtue of a legal criminal conviction, intentionally inflicts pain, loss of liberty, or some other unpleasant consequence on the person who has been convicted

back 136

Punishment

front 137

The removal or restirction of freedom of those who have violated criminal laws, usually by imprisonment

back 137

Incapacitation

front 138

A justification for punishment based on the theory that if an offender is reformed, the offender will not commit any more crimes

back 138

Rehabilitative Justice

front 139

A test for insanity that permits a verdict of not guilty by reason of insanity if the fact finder concludes that the accused had a mental disease that kept him or her from controlling his or her conduct

back 139

Irresistible impulse test

front 140

A test for insanity that provides that a person is not responsible for criminal conduct if he or she is found to lack substantial capacity to appreciate the criminality of the conduct or to conform his or her conduct to the requirements of the law

back 140

MPC test

front 141

A term used to describe two circumstances in which a mental condition short of insanity will lead to an acquittal or lessened charges;
1-Where the accused raises the condition as a failure of proof defense, and
2-A true partial defense, whereby the crime of murder can be mitigated to manslaughter

back 141

Diminished capacity

front 142

The rule used to establish an insanity defense. Under this rule, it must be clearly proved that, at the time of the offense, the accused was laboring under such a mental illness as not to know the nature and quality of what he or she was doing or, if he or she did not know it, did not know that it was wrong

back 142

M'Naghten test

front 143

The federal statutory definition of insanity, which provides that a person is excused by reason of insanity if he or she proves by clear and convincing evidence that at the time of the offense, as a result of a severe mental disease or defect, he or she was unable to appreciate the nature and quality of his or her act, or the wrongfulness of his or her conduct.

back 143

Federal test

front 144

The division of a criminal trial into two parts, the first part leading to a verdict of guilty or not guilty, and the second relating to another issue, such as the sanity of the accused (or the penalty phase of a death penalty case).

back 144

Bifurcated trial

front 145

An accused person's inability to rationally consult with an attorney or to understand the nature of the proceedings against him or her

back 145

Incompetency

front 146

A defense in which the law recognizes that the accused was suffering from mental disease when the crime occurred, and thus may be relieved of criminal responsibility

back 146

Insanity

front 147

Intoxication that occurs when the actor does not consume drugs or alcohol voluntarily or if the actor is not to blame for becoming intoxicated because, for example, he or she has an unanticipated reaction to drugs or alcohol

back 147

Involuntary intoxication

front 148

A person's self-willed act to introduce substances into the body that the person knows or should know are likely to have intoxicating effects.

back 148

Voluntary intoxication

front 149

A disturbance of mental or physical capacities resulting from the introduction of any substance into the body

back 149

Intoxication

front 150

A defense that arrises when a person commits an unlawful act because of a threat of imminent death or serious bodily injury to himself or another, unless the actor intentionally kills an innocent third person.

back 150

Duress

front 151

A defense, in certain circumstances, in which the victim agrees to the actor's conduct. It negates an element of the offense or precludes infliction of the harm to be prevented by the law defining the offense.

back 151

Consent

front 152

A defense in which a person, faced with a choice between two courses of action, chooses the lesser of evils, as long as the harm produced is less than the harm that would have occurred without the action

back 152

Necessity

front 153

Force likely or intended to cause death or great bodily harm

back 153

Deadly force

front 154

One who first employs hostile force, either by threatening or striking another, which justifies like response

back 154

Aggressor

front 155

The justified use of reasonbable force by one who is not an aggressor, when the actor reasonably believed it was necessary to defend against what he or she reasonably perceived to be an unlawful and imminent physical attack.

back 155

Self-defense

front 156

A defense in which the criminal actor has committed an unjustified crime, but there is a reason for not holding him or her personally accountable for it.

back 156

Excuse

front 157

A defense that, because of the circumstances, renders criminal conduct lawful and therefore exempts the actor from criminal sanctions

back 157

Justification

front 158

A defense in which the defendant admits to the existence of all of the necessary legal elements for criminal liability, but offers one or more legally recognized reasons why he or she should nonetheless be acquitted.

back 158

Affirmative defense

front 159

The onus of producing evidence and also of persuading the jury with the required level of proof, which in a criminal case is "beyond a reasonable doubt."

back 159

Burden of proof

front 160

A defense that, if proved, results in the acquittal of a defendant, even though the prosecutor has proved the defendant's guilt beyond a reasonable doubt.

back 160

True Defense

front 161

A defense in which either the defense counsel makes a motion for judgment of acquittal or the defendant introduces evidence that shows that the prosecution's case is lacking

back 161

Failure of proof

front 162

Either a failure of proof by the prosecution or a defendant's statement of a reason why the prosecutor has no valid case against him or her.

back 162

Defense

front 163

When is the "renunciation of criminal purpose" a defense according to the MPC Section 5.02(3)?

back 163

-The solicitor "completely and voluntarily renounces his criminal intent"
-The solicitor "either persuades the solicited party not to commit the offense or otherwise prevents him from committing the crime."

front 164

Where the law does not define as criminal the goal the defendant sought to achieve. This is a valid defense to the crime of attempt

back 164

Genuine legal impossibility

front 165

An ambiguous case in which impossibility could be considered either legal or factual, as distinguished from cases of true legal impossiblity

back 165

Hybrid legal impossiblity

front 166

When the intended acts, even if completed, would not amount to a crime. Legal impossibility is a common law defense to the crime of attempt

back 166

Legal Impossiblity

front 167

The act of seeking to persuade someone else to commit a crime with the intent that the crime be committed

back 167

Solicitation (incitement)

front 168

An affirmative defense to the crime of attempt that exists only if the defendant voluntarily and completely renounces his or her criminal purpose

back 168

Abandonment

front 169

A test that determines that an attempt has occured when the perpetrator's conduct is in dangerous proximity to success, or when an act is so near to the result that the danger of its success is very great

back 169

Dangerous Proximity test

front 170

The MPC's test to determine whether the actus reus of attempt has occurred, which requires that the suspect must have done or omitted to do something that constitutes "a substantial step" in the commission of the substantive offense

back 170

Substantial step test

front 171

A test that determines that an attempt has occurred when the perpetrator's conduct, though not having advanced so far as the last act, approaches sufficiently near to the completed crime as to be a substantial step toward commission of the offense

back 171

Physical Proximity Test

front 172

A test that determines an attempt has occurred when a person has performed all of the acts that he or she believed were necessary to commit the underlying offense

back 172

Last act test

front 173

When a person's intended end result constitutes a crime, but the person fails to consummate the offense because of an attendant circumstance that is unknown or beyond his or her control, making commission of the crime impossible

back 173

Factual impossiblity

front 174

A test that determines that an attempt has occurred when a person's conduct, standing alone, unambiguously manifests his or her criminal intent

back 174

Unequivocality test

front 175

A test that determines that no attempt has occurred when a suspect has not yet gained control over an indispensable instrumentality of the criminal plan

back 175

Indispensable element test

front 176

When a person, with the intent to commit an offense, performs any act that constitutes a substantial step toward the commission of that offense

back 176

Attempt

front 177

Doctrine that holds a person associated with a conspiracy responsible for any criminal act committed by a co-conspirator if the act is within the scope of the conspiracy and is a foreseeable result of the criminal scheme

back 177

Pinkerton doctrine

front 178

The theory that all conspirators act as the agents of (and represent) their co-conspirators in a criminal scheme and are liable for all criminal acts committed by any of their co-conspirators.

back 178

Agency theory

front 179

A criminal act that is detected and punished before the ultimate or intended crime actually occurs. The principal modern inchoate crimes are attempt, conspiracy, and solicitation

back 179

Inchoate crime

front 180

A partnership in crime, defined as an agreement between two or more people to achieve a criminal purpose or to achieve a lawful purpose using unlawful means. Also called a criminal enterprise

back 180

Conspiracy

front 181

To end liability as an accomplice, the ______ and ______ must abandon agreement

back 181

aider;
abettor

front 182

A crime that can be committed only through the actor's own conduct and cannot be committed by an agent

back 182

Nonproxyable offense

front 183

A doctrine that holds an accomplice liable not only for the offense he or she intended to facilitate or encourage, but also for any natural and forseeable additional offenses committed by the principal to whom he or she is an accomplice

back 183

Natural and probable consequences doctrine

front 184

An object, animal, or person who cannot be culpable under the law, such as an insane person or a child, that is used by a principal to commit a crime

back 184

Innocent agent or instrumentality

front 185

When officers or agents of the government, for the purpose of instituting a criminal prosecution against a person, induce an otherwise innocent person to commit a crime that he or she had not contemplated

back 185

Entrapment

front 186

Someone who intends for the principal to fail in his or her illegal venture and, because of this lack of causation, is not an accomplice

back 186

Agent Provocateur

front 187

When an individual knowingly aids another, but does not truly have a separate intent to aid in the commission of the underlying offense

back 187

Criminal Facilitation

front 188

When an individual is within the vicinity of the crime and is able to assist the primary actor if necessary

back 188

Constructive presence

front 189

One who intentionally assists in the commission of a crime in his or her presence; such presence may be actual or constructive

back 189

Principle in the second degree

front 190

Usually the primary actor or perpetrator of the crime

back 190

Principle in the first degree

front 191

One who aids in the commission of a crime without being present when the crime is committed

back 191

Accessory

front 192

One who is present at and participates in the crime charged or who procures an innocent agent to commit the crime

back 192

Principal

front 193

The MPC requires person to act with purpose of promoting or facilitating a crime to be held liable as an ________ by an act of omission

back 193

accomplice

front 194

One who intentionally aids another whom he or she knows has committed a felony, in order for the person assisted to avoid criminal prosecution and punishment

back 194

Accessory after the fact

front 195

One who intentionally counsels, solicits, or commands another in the commission of a crime

back 195

Accessory before the fact

front 196

The accountability of one individual for the criminal act or acts of another

back 196

Accomplice Liability

front 197

To assist or facilitate a person in accomplishing a crime

back 197

Aid and abet

front 198

Someone who knowingly and willingly associates in the commission of a criminal offense and who intentionally assists another in the commission of a crime

back 198

Accomplice

front 199

What amendment applies the 4th Amendment to the states?

back 199

14th Amendment

front 200

Agency of the court;
Investigates defendants prior to sentencing and provides a pre sentence report to the court;
Also supervises persons after conviction

back 200

Probation

front 201

Why did congress enact criminal laws relating to civil rights, use of the mails, commerce, narcotics, extortion and robbery affecting interstate commerce and interstate travel?

back 201

To facilitate illegal activities associated with organized crime, organized crime itself, and racketeering

front 202

In the ______ role, the criminal justice system is the official apparatus for enforcing criminal law

back 202

administrative

front 203

What are the 3 criminal justice system perspectives?

back 203

Social system;
Body of legal rules;
Administrative system

front 204

Criminal offenders under a certain age, usually 18 or 16, are death with in _____ _____ in civil, rather than criminal proceedings

back 204

Juvenile Courts

front 205

Dual judicial system consisting of the federal and state courts;
Staff includes the judge, clerks, baliffs

back 205

Courts

front 206

The power or authority of a court to act with respect to any case before it

back 206

Jurisdiction

front 207

Criminal statutes should be understandable to reasonable law abiding people;
Criminal statutues to not delegate basic policy matters to police, judges, and juries for resolution on an ad hoc and subjective basis;
Judicial interpretation of ambiguous statutes should "be biased in favor of the accused

back 207

Three Corollaries of Legality

front 208

The principle that no one can be punished for an act that was not defined as criminal before the person did the act;
Core concept of American System of Criminal Justice

back 208

Legality

front 209

_____ ______ develops and is redefined by legislative enactment, often in response to societal pressures

back 209

Criminal Law

front 210

What are the following considered:
Actus Reus
Mens Rea
Concurrence of act and intent
Occurrence of harm to a person, property and society
Casual relationship between criminal act and harm

back 210

The Elements of Crime

front 211

Guilty Mind

back 211

Mens Rea

front 212

Willful unlawful act

back 212

Actus Reus

front 213

Court preparation begins with the gathering of ______

Officer has to then _____ and _____ at any and all hearings at which he or she is needed.

back 213

evidence;
appear and testify

front 214

The American Law Institute (ALI) founded this code to clarify and improve the law;
It was presented in 1962, a majority of states adopted revised criminal codes;
Law that involves the violation of public rights and duties, creating social harm.

back 214

Moral Penal Code (MPC)

front 215

What are the three main duties of law enforcement?

back 215

Prevention;
Investigation;
Detection

front 216

In 1996 the National Police/population ration was _____ police officers per 1,000 citizens

back 216

2.3

front 217

Dictates methods and means by which the state proceeds, through the police, public administrators, and courts, to enforce rights or duties of substantive law

back 217

Procedural criminal law

front 218

This type of law identifies components required for mental and physical liability

back 218

Substantive criminal law

front 219

Law created through state and federal legislatures

back 219

Statutory Law

front 220

As U.S. formed, law separated from _____ common law tradition

back 220

English

front 221

_____ colonies established in America adopted England's common law

back 221

13

front 222

Reorganized law of crimes according to social harm in which most american states adopted

back 222

Criminal Law reform in England and U.S.

front 223

By 1800, there were more than _____ kinds of offenses punishable by death under english law

back 223

100

front 224

_____ and _____ revolutions stimulated legislative movement in criminal law

back 224

American;
French

front 225

Focus on violation of Kings Peace rather than on harm done to the victim

back 225

English and Common Law

front 226

Law created by judicial opinion;
Historically, law from America's colonial and english past which has set precedents that are still sometimes followed today

back 226

Common Law

front 227

William of Normandy established court with Judges who travelled throughout the kingdom once every seven years

back 227

English and American common law

front 228

First written law in Ur about 5,000 years ago;
Most extensive set of laws established by King Hammurabi of Babylonia from 1792 to 1750 BC

back 228

Ancient Law

front 229

A civil violation;
Civil laws equivalent of a crime

back 229

Tort

front 230

Law that deals with matters considered private concerns between individuals

back 230

Civil Law

front 231

Criminal Law seeks to regulate acts that are _____ to the community interest of the social or governmental unit

back 231

Contrary

front 232

Law that involves a violation of public rights and duties, creating social harm

back 232

Criminal Law

front 233

What are two types of law with regards to the nature and origins of law

back 233

Religious and Moral

front 234

The federal, state, or local enactments of legislative bodies;
Known decisions of courts of the federal and state governments;
Rules and regulations proclaimed by government bodies

back 234

The law

front 235

Deemed separate enough from the defendant's actions that it would be unfair to hold him or her responsible for its results

back 235

Independent intervening cause

front 236

Intervening causes that are largely foreseeable or related to the defendant's conduct

back 236

Dependent intervening cause

front 237

A cause other than defendant's conduct that contributes to social harm

back 237

Intervening Cause

front 238

That cause, from among all of the causes-in-fact that may exist, is legal cause of social harm

back 238

Proximate cause

front 239

Aware that one's actions are criminal, or that attendant circumstances make an otherwise legal act a criminal one

back 239

Knowingly with respect to conduct and attendant circumstances

front 240

Commits an act in the awareness that one's conduct will almost certainly cause this result

back 240

Knowingly causes a result

front 241

When the actor has a voluntary wish to act in a certain way or produce a certain result

back 241

Purposely with respect to result or conduct OR;
Purposely with respect to attendant circumstances

front 242

The accused person's act must be ____ __ ____ of the result

If it was, accused person's actions must also be proximate cause of the result

back 242

Cause-in-fact

front 243

The test that asks whether the result would have occurred if the defendant had not acted

back 243

But-for test

front 244

The cause of the social harm in a criminal act, as determined by the but-for test.

back 244

Cause-in-fact

front 245

When a person can be convicted of a crime without having any requisite mental state or intention to commit the crime

Most common examples involve mistake as to age of victim or, in case of liquor sales, of the purchaser

back 245

Strict liability

front 246

____ ____ must have been present at the same moment the accused did the act (or omission) that caused social harm. ________ must be motivational

back 246

Mens Rea;
Concurrence

front 247

Requirement for criminal liability that the accused performed a voluntary act accompanied by the required mental state that actually and proximately caused the prohibited social harm

back 247

Concurrence of elements

front 248

Acting in a manner that ignores a substantial and unjustified risk which one should have been aware.

back 248

Negligently

front 249

Acting in a manner that voluntarily ignores a substantial and unjustified risk that a certain circumstance exists or will result from one's actions.

back 249

Recklessly

front 250

A doctrine that holds a person criminally liable even when the consequence of his or her action is not what the actor actually intended.

back 250

Transferred intent

front 251

The intent only to do the actus reuse of the crime, without any of the elements of specific intent

back 251

General intent

front 252

The intention to commit an act for the purpose of doing some additional future act, to achieve some further consequences, or with the awareness of a statutory attendant circumstance

back 252

Specific intent

front 253

Can words that are offensive enough to constitute threat or cause further physical actions that society views as a social harm be considered Actus Reus?

Can conflict with the 1st Amendment

back 253

Yes

front 254

Narrowly defined circumstances in which a failure to act is viewed as a criminal act

back 254

Omissions

front 255

What are the 5 elements of criminal responsibility?

back 255

Actus Reus
Mens Rea
Unity of actus reus and mens rea
Causation
Resulting social harm

front 256

The emotion that prompts a person to act. It is not an element of a crime that is required to prove criminal liability, but it is often shown in order to identify the perpetrator of a crime or explain his or her reason for acting.

back 256

Motive

front 257

Criminal offenses in which the law defines possession as an act

back 257

Possessory offenses

front 258

Latin term meaning "guilty mind"

back 258

Mens Rea

front 259

Latin term meaning "guilty act"

back 259

Actus Reus

front 260

Mental _____ or extreme ______ can diminish a person's criminal responsibility

back 260

infirmity;
youth

front 261

For an act to be voluntary, the defendant must possess sufficient ____ ____ to exercise choice and be responsible for his conduct.

back 261

free will

front 262

A minor or insignificant crime, also known as a violation or infraction

back 262

Petty offense

front 263

A crime that is less serious than a felony and is usually punishable by fine, penalty, forfeiture, or confinement in a jail for less than one year

back 263

Misdemeanor

front 264

US Supreme Court case that ruled on the requirement for a degree of consistency in the application of the death penalty. The case led to a de facto moratorium on capital punishment throughout the United States

back 264

Furman v. Georgia

front 265

The US Supreme Court has placed limits on circumstances where the ______ ______ may be imposed

back 265

death penalty

front 266

Only _____ can result in loss of liberty through incarceration

back 266

crimes

front 267

A serious crime that is usually punishable by imprisonment for more than one year or by death

back 267

Felony

front 268

Criminal law does not seek to punish thoughts or ______________

back 268

moral character

front 269

Not all ______ wrongful conduct is classified as criminally or civilly wrong

back 269

morally

front 270

What amendment guarantees no excessive bail and fines, prohibition of "cruel and unusual punishment."

back 270

8th Amendment

front 271

What amendment guarantees a speedy and public trial, impartial jury of the state and district where crime occurred, notice of nature and cause of accusation, confront opposing witnesses, compulsory process for obtaining favorable witnesses, and a right to counsel

back 271

6th Amendment

front 272

What amendment guarantees a grand jury in felony cases, no double jeopardy, no compelled self-incrimination

back 272

5th Amendment

front 273

What amendment prohibits infliction of "cruel and unusual punishments"

back 273

8th Amendment

front 274

The constitutional principle that the punishment should fit the crime, expressed in the 8th Amendment's cruel and unusual punishment clause

back 274

Proportionality

front 275

A wrongful act that results in injury and leaves the injured party entitled to compensation

Consequences are less than criminal liability

back 275

Tort

front 276

An act or omission that the law makes punishable, generally by fine, penalty, forfeiture, or confinement

back 276

Crime

front 277

What is the significance of Lawrence v. Texas?

back 277

A Texas law classifying consensual, adult homosexual intercourse as illegal sodomy violated the privacy and liberty of adults to engage in private intimate conduct under the 14th Amendment. Texas state courts reversed and charges dismissed.

front 278

In Roe v. Wade, the _____ ___ _____ extended to woman's right to abortion

back 278

right of privacy

front 279

What constitutional provisions did the US Supreme Court hold to imply a right to privacy

back 279

-1st amendment right of free association
-3rd amendment dealing with quatering soldiers
-4th amendment ban on unreasonable searches and seizures
Includes the right to be left alone, right to be free from unwanted publicity, and right to live without unwarranted interference

front 280

Typical federal and state gun control statutes impose _________ __________

back 280

licensing requirements

front 281

What amendment guarantees the right to keep and bear arms?

back 281

2nd Amendment

front 282

What amendment guarantees free speech, free exercise of religion, and freedom of assembly

back 282

1st Amendment

front 283

A test to determine whether a defendant's words pose an immediate danger of bringing about substantive evils that Congress has the right (and duty) to prevent

back 283

Clear and present danger test

front 284

The law defining acts that are criminal

back 284

Substantive criminal law

front 285

No state or federal agency can legally enact or enforce criminal statutes that unnecessarily inhibit ________ _________ identified in the amendments

back 285

substantive rights

front 286

State statutes can prohibit _______, which directly correlates with Freedom of Assembly

back 286

loitering

front 287

What are some of the examples why religious freedom claims were rejected by the American Courts?

back 287

Polygamy
Christian scientist parent's withholding medical treatment for a child
Handling poisonous snakes in religious ceremonies
Use of peyote as part of religious practice

front 288

What case held that the "separate but equal" provision of private services mandated by state government is constitutional under the Equal Protection Clause

back 288

Plessy v. Ferguson

front 289

The due process requirement that people are entitled to know what they are forbidden to do so that they may shape their conduct accordingly.

back 289

Fair notice

front 290

Criminal statues cannot be vague, ambiguous, or ________ ________

back 290

overly broad

front 291

Due process clauses of the _____ and _____ amendments require that the law provide fair notice

back 291

5th;
14th

front 292

The constitutional provision that all people should be treated equally with respect to the practice dealt with by the law

back 292

Equal Protection

front 293

The multiple criminal justice procedures and processes that must be followed before a person can be legally deprived of his or her life, liberty, or property.

back 293

Due process

front 294

A law that retroactively changes the legal consequences of actions that were committed, or relationships that existed, before the enactment of the law. It may criminalize actions that were legal when committed, may aggravate a crime by putting it in a more severe category, may change the punishment for a crime by adding new penalties, or may alter the rules of evidence to make a conviction for a crime likelier than it would have been

back 294

Expost facto law

front 295

A special legislative enactment that declares a person guilty of a crime and subject to punishment without a trial.

back 295

Bill of attainder

front 296

What amendments pertain to procedural criminal law?

back 296

4th, 5th, 6th, 14th

front 297

The rules governing how the criminal law is administered

back 297

Procedural criminal law

front 298

States that "no warrants shall issue, but upon probable cause"
Said to guarantee the right of privacy
Major source of much of the procedural criminal law dealing with law enforcement activities in crime investigation.

back 298

4th Amendment

front 299

Prohibits "unreasonable searches and seizures of persons, houses, papers, and effects.

back 299

4th Amendment

front 300

The first 10 amendments to the U.S. Constitution, especially those portions that guarantee fundamental individual rights vis a vis the government

back 300

Bill of Rights

front 301

What are the 4 possibilities for appeal and discretionary review?

back 301

-The charge is not a crime
-Evidence was insufficient to support finding of fact beyond reasonable doubt
-Did not meet the necessary elements of the crime
-Jury was improperly instructed

front 302

True or False

Unless the charge carries a mandatory sentence, the judge will hold sentencing hearing

back 302

True

front 303

When the prosecution seeks the death penalty, the _________ is the second trial before a judge or jury.

back 303

Sentencing hearing

front 304

What are the reasons for a court to dismiss criminal charges?

back 304

-Crime charged is not a violation of jurisdictions law
-Facts asserted in indictment or information do not constitute the crime charged
-No reasonable jury could find the facts alleged on the basis of evidence presented at hearing

front 305

The ________ has the final authority to interpret federal constitution

back 305

U.S. Supreme Court

front 306

______ ______ determine constitutionality of state laws and can enforce federal constitutional principles.

back 306

Federal Courts

front 307

True or False

State courts determine constitutionality of state laws and can enforce federal constitutional principles

back 307

True

front 308

How can laws be declared unconstitutional?

back 308

-Any dictate of the main body of the Federal Constitution
-Any federal constitutional amendments
-Any provision of the constitution of individual states

front 309

Content and implementation of criminal laws must be consistent with _________ and _________ of the state in which the law is enacted

back 309

Federal constitution;
constitution

front 310

What are the steps of a trial?

back 310

1-Jury selection
2-Opening statements
3-Prosecution presents case with defense cross examination
4-Defense requests judgement for acquittal
5-Defense can rest or present evidence
6-Rebuttal of evidence
7-Closing arguments

front 311

The defendant's appearance to respond formally to charges

back 311

Arraignment and Plea

front 312

After formal charges, defendant appears in court at a proceeding called an ________ and _______

back 312

arraignment;
plea

front 313

The accused in a criminal case has a constitutional right to ____ ___ ____ for any crime for which the possible sentence is more than six months in jail.

back 313

trial by jury

front 314

The paper issued by a prosecutor that charges an accused of a felony

Used in jurisdictions that do not follow the grand jury procedure

back 314

Information

front 315

A panel of persons chosen through strict court procedures to review criminal investigations and, in some instances, to conduct criminal investigations.
Decide whether to charge crimes in the cases presented to them or investigated by them

back 315

Grand Jury

front 316

_____ maintain custody of persons arrested pending prosecution and those sentenced to short periods of confinement.

back 316

Jails

front 317

True or False

The overwhelming majority of reported crimes are not solved

back 317

True

front 318

If the prosecution establishes probable cause, the defendant is required to enter a plea of _______ or _______

back 318

guilty;
not-guilty

front 319

At a preliminary hearing, who has the first opportunity to present evidence against the defendant?

back 319

The arresting officer

front 320

The prosecutor files a charge if evidence is ________ and _________ of prosecution.

back 320

sufficient;
worthy

front 321

A post-arrest, pretrial judicial proceeding at which the judge decides whether there is probable cause to prosecute the accused. In some jurisdictions, it is minimal; in others, it is a mini-trial

back 321

Preliminary Hearing

front 322

A written promise to pay the bail sum, posted by a financially responsible person, usually a professional bail bond agent

back 322

Bond

front 323

A promise to appear in court

back 323

Recognizance

front 324

A deposit of cash, other property, or a bond, guaranteeing the accused will appear in court

back 324

Bail

front 325

Law Enforcement agents learn about most criminal acts through reports of ______ or ________

back 325

Victims;
Witnesses

front 326

Since the 1930's, U.S. Supreme Court has interpreted ___________ of the _______ to incorporate constitutional criminal procedure requirements that apply to the states

back 326

Due Process Clause;
14th Amendment

front 327

The system of government of the U.S. whereby all power resides in the state governments unless specifically granted to the federal government

back 327

Federalism