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LAW FINAL > Criminal Law and Procedure > Flashcards

Criminal Law and Procedure Flashcards

(69 cards)

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1
Q

Mens Rea

A

The mental state or intention to commit a crime. Can be general intent (intention to perform the act) or specific intent (intention to achieve a particular outcome)

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2
Q

Actus Rea

A

The physical act or conduct that constitutes a criminal offense

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3
Q

Felony

A

A serious crime, typically punishable by imprisonment for more that one year or by death

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4
Q

Misdemeanor

A

A less serious crime, usually punishable by less than one year of imprisonment

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5
Q

Battery

A

The unlawful physical contact with another person

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6
Q

Assualt

A

Creating a fear of imminent harmful or offensive contact

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7
Q

Defamation

A

False statements made about someone that harm their reputation

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8
Q

Miranda Rights

A

The rights read to a suspect upon arrest, including the right to remain silent and the right to an attorney (Sixth Amendment)

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9
Q

Warrant

A

A court order authorizing law enforcement to conduct a search or seizure or to arrest a person

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10
Q

Probable Cause

A

The reasonable belief that a crime has been committed or that evidence of a crime can be found in a specific location

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11
Q

Exigent Circumstances

A

Emergency situations that justify warrantless searches or seizures, such as the immediate threat of evidence destruction

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12
Q

Search Warrant

A

A legal document issued by a judge that authorizes police to search a specific location for evidence

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13
Q

Arrest Warrant

A

A legal order for the arrest of an individual based on probable cause

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14
Q

Self-Defense

A

A legal defense where the defendant claims that they used force to protect themselves from imminent harm

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15
Q

Insanity Defense

A

A defense arguing that the defendant was not criminally responsible due to mental illness

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16
Q

Duress

A

A defense where the defendant claims they committed a crime under threat of harm or coercion

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17
Q

Penal Code

A

The body of laws that defines what constitutes criminal conduct and prescribes the punishment for violations. It is the foundation for criminal law enforcement

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18
Q

Regulatory Rules

A

Laws that govern specific sectors or activities, typically enforced by specialized agencies (FDA, EPA), and carry criminal penalties for non-compliance

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19
Q

Gross Misdemeanor

A

More severe than a standard misdemeanor, often punishable by over 6 months but less than one year in jail

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20
Q

Various Classes of Felonies

A

Felonies can be categorized by severity, such as Class A, B, and C, with punishments varying by class

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21
Q

Malum en Se

A

Crimes that are inherently evil, such as murder or rape. These are universally recognized as wrong, regardless of laws

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22
Q

Malum Prohibitum

A

Crimes that are wrong because a law has been enacted to prohibit them. These include crimes like traffic violations or drug possession, which may not be inherently immoral but are illegal due to regulation

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23
Q

Intent Crimes

A

Crimes that require proof of criminal intent to be convicted

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24
Q

Actus Reus

A

The physical act of committing the crime

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25
Mens Rea
The mental state or intent of the person when committing the crime, often the core element in proving guilt
26
Specific Intent
The defendant must have a clear and specific intention to commit the act
27
General Intent
The defendant's actions were reckless or done with the awareness that the result would occur, but they did not have a specific goal or intention in mind
28
Nonintent Crimes
Crimes that do not require proof of intent. These typically involve recklessness or negligence
29
Strict Liability Crimes
Crimes for which the defendant can be found guilty without proof of intent. These usually involve actions that endanger public safety, such as selling alcohol to minors or environmental violations
30
Burden of Proof (Criminal)
In criminal law, the government must prove the defendants guilt "beyond a reasonable doubt"
31
Burden of Proof (Civil)
In civil law, the plaintiff must prove their case "by a preponderance of the evidence"
32
First Degree Murder
Premeditated and deliberate killing of another person
33
Second Degree Murder
An intentional killing, but without premeditation
34
Voluntary Manslaughter
Intentional killing in the heat of passion, often provoked
35
Involuntary Manslaughter
Killing resulting from reckless or negligent behavior
36
Felony Murder
A killing that occurs during the commission of another felony, such as robbery or arson
37
Robbery
The taking of property from another person by force, threat of force, or intimidation. Combines theft with assault or battery
38
Burglary
Breaking into a building or structure with the intent to commit a felony, typically theft
39
Larceny and Theft
The unlawful taking of property with the intent to permanently deprive the owner of it
40
Theft
A general term for various criminal acts involving the unlawful taking of another's property, including fraud, embezzlement, and receiving stolen goods
41
Arson
The malicious and intentional setting of fire to a building or property
42
Battery
The intentional and harmful physical contact with another person, without their consent
43
Assault
Threatening to harm another person with an apparent ability to do so, or attempting to cause harm
44
Forgery
The act of altering or creating a document with the intent to deceive, such as forging checks or signatures
45
Embezzlement
The unlawful taking of property or funds entrusted to one's care, typically in a business setting
46
Bribery
The offer or acceptance of something of value to influence the actions of a public official or individual in a position of power
47
Extortion
The act of obtaining something through force, threats, or coercion, such as blackmail
48
Criminal Fraud
The intentional deception or misrepresentation to gain property or money from another person
49
Money laundering
The process of making illegal gains appear legitimate by disguising their origins, often through financial transactions
50
Consensual Contact
Interaction with law enforcement that the individual can leave at any time
51
Detention
The officer restricts the individual's ability to leave, but it's not an arrest
52
Arrest
A formal action where the person is taken into custody by law enforcement
53
Warrantless Arrest
An arrest made without a warrant, but based on probable cause
54
Miranda vs. Arizona
A landmark case that established the requirement for law enforcement to inform an arrested individual of their right to remain silent and the right to an attorney
55
Arraignment
The defendant is formally charged, informed of their rights, and asked to enter a plea
56
Indictment
A formal charge of a felony offense, presented after a grand jury review
57
Information
A formal charge o a criminal offense, typically used in misdemeanor cases after a preliminary hearing
58
Plea Bargaining
A negotiation process where the defendant agrees to plead guilty in exchange for a lighter sentence or fewer charges
59
Trail
The formal examination of evidence in front of a judge or jury to determine the defendant's guilt or innocence
60
Hung Jury
A jury that cannot reach a unanimous decision, which results in a mistrial and may lead to a retrial
61
Sentencing
The formal punishment imposed on a defendant who has been convicted, which could include jail time, probation, fines, or other penalties
62
Corporations and Criminal Charges
Corporations can be charged with crimes, though individuals are typically the ones who face jail time, not the corporation itself
63
Terry Search
A limited search conducted by law enforcement based on reasonable suspicion
64
Plain View Doctrine
If law enforcement sees evidence of a crime in plain view, they can seize it without a warrant
65
Search Incident to Arrest
A search conducted after a lawful arrest to protect the safety of officers or preserve evidence
66
Probationers' Reduced Rights
Individuals on probation have fewer privacy rights
67
Businesses and Regulators
Businesses may be subject to regulatory searches that don't require a warrant
68
Exclusionary Rule
Evidence obtained through illegal means is inadmissible in court, with certain exceptions like the Good Faith Exception
69

LAW FINAL (10 decks)

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