Chapt 3-4 Flashcards

(48 cards)

1
Q

What is duress

A

Wrongful threat of one person induces another to perform an act he or she would not have otherwise committed

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2
Q

What is entrapment

A

When law officials encourage or persuade an individual to commit and act they would not have otherwise committed

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3
Q

What is Necessity

A

committed an act compelled by circumstances to prevent greater harm

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4
Q

What is voluntary manslaughter

A

The victim provokes the offender to act violently

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5
Q

What is second degree murder

A

Intentional killing without premeditation

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6
Q

What is first degree murder

A

Killing someone with premeditation
Is the most serious form of homicide

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7
Q

What is involuntary manslaughter

A

Unintended killing of a person while committing a crime, or acting in a reckless or negligent manner

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8
Q

What makes up administrative law

A

Rules, orders, and decisions or regulatory agencies

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9
Q

What is case law

A

Body of law established by the decisions made by judges in previous cases

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10
Q

What is constitutional law

A

Defines role, powers, and structure of different entities within a state

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11
Q

What is statutory law

A

Laws written and enacted by a legislative body

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12
Q

What is a felony

A

Crime punishable by death or imprisonment in a federal or state penitentiary for a year or longer

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13
Q

What is a Misdemeanor

A

Crime less serious than a felony

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14
Q

What is a gross misdemeanor

A

More serious than a regular misdemeanor but less serious than a felony

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15
Q

what is a petty misdemeanor

A

Minor offense that is not classified as a crime and does not carry jail time

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16
Q

What is preponderance of evidence

A

The burden of proof necessary to win a civil trial

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17
Q

What is proof beyond a reasonable doubt

A

Evidence presented by the prosecution must prove the defendant’s guilt to such a degree that no reasonable doubt could exist in the mind of a rational, reasonable person

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18
Q

What was the major strategic goal in the community era of policing

A

Improve the quality of life of the citizens

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19
Q

What is the U.S. customs and border protection

A

Federal agency that patrols borders of the U.S. to ensure immigrants do not enter the country illegally

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20
Q

What is the U.S. marshals service

A

Federal agency that enforces federal laws, apprehends fugitives, manages criminal assets, and provides support to the federal justice system

21
Q

What is the U.S. department of transportation

A

Federal executive department responsible for overseeing national transportation systems and policies

22
Q

What is the U.S. immigrations and customs service

A

Federal law enforcement agency that protects the U.S. from cross border crime and illegal immigration

23
Q

What is concurrence

A

The guilty act and the guilty intent occur together

24
Q

What is causation

A

The relationship between a person’s actions and the result of those actions

25
What is the least serious form of wrongdoings
Infractions
26
What is mala in se
Acts that are inherently wrong or an act that is wrong in and of itself
27
What is mala prohibita
Actions that are wrong simply because laws have been passed prohibiting them
28
What U.S. city was the first organized police department formed
Boston
29
What is corpus delicti
A person cannot be convicted of a crime unless there is enough evidence to prove a crime took place
30
What does the social function of law concepts include
Expressing public morality and protecting citizens from criminal harm
31
How are county sheriffs elected
By a popular vote
32
What U.S. supreme court case ruled that the confessions of suspects not notified of their due process rights are invalid
Miranda v. Arizona
33
What are precedents
Court decisions that provide guidance in interpreting the law
34
What are procedural guidelines
Set the rules and procedures for investigating, prosecuting, and punishing crimes
35
What are benchmarks
Continuous process of comparing an organizations systems and services to the best in the field
36
What are baselines
Documenting the location and orientation of evidence
37
What is the remedy for a violation of civil law
monetary damages awarded to the plaintiff
38
What does the fourth amendment protect against
Unreasonable searches
39
What are most arrests in the United States for
Crimes of disorder
40
What is actus reus
A guilty act and refers to the physical part of a crime meaning the action or behavior is considered illegal
41
What is habeas corpus
Legal procedure that allows individuals to challenge unlawful detention or imprisonment
42
What is mens rea
Refers to the mental state of a defendant at the time of committing a crime
43
What federal agency was created for combating currency counterfeiters
U.S. secret service
44
What is the supreme law of the land and is the basis of all law in the United States
The U.S. constitution
45
What is the irresistible impulse test
A legal doctrine that applies to the insanity defense in criminal cases
46
What is the substantial capacity test
Legal standard used to determine whether a person has the mental ability to understand the nature and consequences of their actions
47
What is the Durham rule
A rule in a criminal case by which a jury may determine a defendant is not guilty by reason of insanity because a criminal act was the product of a mental disease
48
What is the M'Naghten rule
A legal standard used to determine whether a defendant can be held responsible for a crime if they were mentally ill at the time of the offense