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Personal Law > Unit 2 > Flashcards

Unit 2 Flashcards

0
Q

Incarceration

A

Imprisonment by the state

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1
Q

Crime

A

Something one does or fail to do in violation of a law

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2
Q

White color crime

A

Nonviolent, for financial gain

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3
Q

Community policing

A

Community acts actively with the police to lower crime rates in their area

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4
Q

State of mind (intent)

A

The prohibited act must be done intentionally or willfully

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5
Q

Motive

A

The reason why an act is performed

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6
Q

Strict liability

A

Severe penalty crime. State of mind doesn’t matter

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7
Q

Elements

A

The conditions to make an act unlawful

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8
Q

Felony

A

Crime with penalty of one year or more. Serious

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9
Q

Misdemeanor

A

Crime with penalty of one year or less. Less serious

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10
Q

Principal

A

Person who commits crime

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11
Q

Accomplice

A

Someone who helps another person commit a crime

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12
Q

Accessory before the fact

A

Person who orders a crime but is not present

Can be charged the same as the principal

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13
Q

Accessory after the fact

A 
Person who didn't know about the crime, learns of it and then helps the criminal avoid capture or escape. 
Charged differently (harboring a fugitive,etc.)
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14
Q

Crimes of omission

A

Failure to perform an act required by criminal law if he or she is able to perform the required act

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15
Q

Solicitation

A

Ask,command, urge, or advise someone to commit a crime

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16
Q

Attempt

A

When someone performs all the elements of a crime but fails to achieve the criminal result

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17
Q

Conspiracy

A

An agreement between two or more persons to commit a crime

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18
Q

Overt

A

An act that is open to view

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19
Q

Misprision of felony

A

Person with knowledge of the action commission of a felony that violates federal law, not to make this information known as soon as possible to authorities

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20
Q

Restitution

A

Requiring criminals to pay back or otherwise compensate the victims of their crimes

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21
Q

Homocide

A

The killing of one human being by another. Can be criminal and noncriminal

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22
Q

Malice

A

Have the intent to kill or seriously harm or acting in an extremely reckless manner

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23
Q

1st degree murder

A

Killing that is premeditated and done with malice

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24
Q

Felony murder

A

Takes place during the commission of certain felonies. Malice is assume because of felony. 1st degree murder

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25
Q

2nd degree murder

A

Killing that is done with malice, without premeditation

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26
Q

Voluntary manslaughter

A

Killing that would be murder, but the victim has done something to the killer that would cause a reasonable person to lose self control or act rashly

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27
Q

Involuntary manslaughter

A

Unintentional killing resulting from reckless conduct

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28
Q

Negligent homicide

A

Causing the death through criminal negligence

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29
Q

Negligence

A

The failure to exercise a reasonable or ordinary amount of care in a situation that causes harm to someone

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30
Q

Suicide

A

The deliberate taking of one’s own life

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31
Q

Assault

A

Any attempt to threat to carry out a physical attack upon another person

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32
Q

Battery

A

Unlawful physical contact without consent

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33
Q

Stalking

A

When a person repeatedly follows or harasses another person and makes threats, causing the victim to fear death or bodily injuries

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34
Q

Forcible rape

A

Act of unlawful sex committed by a man with a woman by force without her consent

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35
Q

Statutory rape

A

Sex by a make with a female who has not yet reached the legal age of consent

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36
Q

No consent

A

If a woman submits as a result of force or threats to bodily harm, or unconscious and incompetence due to drugs and alcohol

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37
Q

Rape shield

A

Victim’s past sexual behavior and reputation does not count to show she consented

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38
Q

To be convicted

A

Proof the act took place

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39
Q

Acquaintance rape (Date rape)

A

Sexual assault by someone known to the victim

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40
Q

Drunk driving

A

Legal terms driving while intoxicated

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41
Q

Arson

A

Willful and malicious burning of another person’s property

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42
Q

Vandalism

A

Malicious mischief. Willful destruction of or damage to the property of another

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43
Q

Larceny

A

Unlawful taking and carrying away of the property of another with intent to steal it

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44
Q

Grand theft

A

Stolen goods above $100. Felony

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45
Q

Petty theft

A

Stolen goods less than $100. Misdemeanor

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46
Q

Shoplifting

A

Form of larceny. Taking items from a store without paying or intending to pay for them

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47
Q

Concealment

A

Not larceny. Attempted shoplifting

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48
Q

Embezzlement

A

Unlawful taking of property by someone to whom it was entrusted

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49
Q

Robbery

A

Unlawful taking of property from a Preston’s immediate possession by force or intimidation

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50
Q

Extortion

A

Use of threats to obtain the property of another. Blackmail

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51
Q

Burglary

A

Unauthorized entry into any structure with the intent to commit a crime

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52
Q

Forgery

A

Falsely makes or alters a writing or document with intent to defraud

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53
Q

Uttering

A

Separate than forgery. Offering to someone as a genuine a document known to be a fake

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54
Q

Receiving stolen property

A

Receive or buy property that you know or have reason to believe is stolen

55
Q

Unauthorized use of a vehicle

A

Committed only if the person only intends to take the vehicle temporarily

56
Q

Carjacking

A

A person uses force or intimidation to steal a car from a driver

57
Q

Hackers

A

Gain illegal access to government or corporate computer systems

58
Q

Infancy

A

Children under the specified age of 7-14

59
Q

Intoxication

A

Voluntary intoxication is not a defense to a crime. At the time of a crime, they were so drunk on alcohol or high on drugs that they didn’t know what they were doing

60
Q

Entrapment

A

When the defendant admits committing a criminal act but claims that he or she was induced or persuaded to commit the crime by a law enforcement officer

61
Q

Duress

A

When a person does something as a result of coercion or a threat of immediate danger to life or personal safety

62
Q

Necessity

A

When a person is compelled to react to a situation that is unavoidable in order to protect life

63
Q

Arrest

A

Taken into custody. Seizure. By an arrest warrant or probable cause

64
Q

Arrest warrant

A

Court order commanding that the person named in it to be taken into custody

65
Q

Probable cause

A

Reasonable belief that a person has committed a crime. More than a suspicion or a hunch

66
Q

Drug courier profile

A

Provide a basis to stop and question that person

67
Q

Corroborate

A

Confirm the informant’s tip with other information

68
Q

Stop and frisk

A

Pat down the suspect for weapons. Created to protect the safety of officers and bystanders

69
Q

Perjury

A

Lying under oath

70
Q

Exclusionary rule

A

Evidence seized in an unlawful search can not be used at trial

71
Q

Search warrant

A

Court order obtained from a judge who is convinced that there is a real need to search a person or place

72
Q

Affidavit

A

A sworn statement of facts and circumstances. Provides probable cause for the search. Specially describe the person or place to be searched and particular things to be seized

73
Q

Search incident to a lawful arrest

A

Allows the police to search a lawfully arrested person and the area immediately around that person

74
Q

Consent

A

When a person voluntarily agrees, the police may conduct a search without a warrant and without probable cause

75
Q

Plain view

A

If an object connected with a crime is in plain view, plain touch, plain hearing, plain smell, it can be seized without a warrant

76
Q

Hot pursuit

A

Police are mot required to get a search warrant before entering a building that they have seen the suspect enter. Lawful to seized evidence

77
Q

Vehicle searches

A

Search a vehicle without a warrant if there’s probable cause that it contains contraband

78
Q

Contraband

A

Illegal items

79
Q

Emergency situations

A

In certain emergencies, the police are not required to get a search warrant

80
Q

Border and airport searches

A

Customs agents are authorized to search without warrant and without probable cause

81
Q

Interrogate

A

Question the accused

82
Q

Booking

A

Formal process of making a police record of the arrest

83
Q

Arraignment

A

A court session at which a defendant is charged and enters a plea. Misdemeanor’s initial appearance- judge informs them of charges and set bail

84
Q

Bail

A

Arrested person can usually be released after putting up an amount of money

85
Q

Personal recognizance

A

Defendant must promise to return and must be considered a good risk to show up for trial

86
Q

5 factors to personal recognizance

A
  1. Nature and circumstances
  2. Family and community ties
  3. Financial resources
  4. Employment background
  5. Prior criminal record
87
Q

Preliminary hearing

A

Pretrial proceeding. Prosecutor must prove that a crime was committed and establish probable guilt of the defendant

88
Q

Grand jury

A

Group of 16-23 people charged with determining whether there is sufficient cause to believe that a person has committed a crime and should be made to stand trial

89
Q

Indictment

A

Originated with the prosecutor. Grand jury’s formal charge or accusation of criminal action

90
Q

Information

A

Prosecutor’s formal accusation of the defendant for supposedly committing a crime

91
Q

Nolo contendere

A

Plea by defendant that does not admit guilt but also does not contest the charges. Equivalent to pleading guilty

92
Q

Pretrial motion

A

Formal request that a court make a ruling or take some other action

93
Q

Motion to suppress evidence

A

Asks the court to exclude any evidence that was illegally obtained

94
Q

Plea bargaining

A

Granting certain concessions to the defendant in exchange for a plea of guilty. Lighter sentence.

95
Q

Waive

A

Give up their rights

96
Q

Subpoena

A

Court order requiring a witness to appear in court to testify

97
Q

Contempt of court

A

Any act to embarrass, hinder, or obstruct the court in the administration of justice

98
Q

Immunity

A

Force a witness to answer all questions even those who are self incriminating. Cannot be prosecuted based on information provided. Court can’t withdraw

99
Q

Suspended sentence

A

Sentence is issued by the court but not actually served. Individual is usually released with no conditions attached

100
Q

Probation

A

Defendant is released to the supervision of a probation officer after agreeing to follow certain conditions

101
Q

Home confinement

A

Sentenced to serve the term at home. Can leave for essential purposes. Electronically monitored by a probation officer

102
Q

Fine

A

Defendant must pay the government an amount of money set by the court

103
Q

Work release

A

Defendant is allowed to work in the community but is required to return to prison at night or on weekends

104
Q

Imprisonment

A

Defendant is sentenced to a term in jail or prison

105
Q

Definite sentence

A

Judge specify the exact amount of time to be served

106
Q

Indeterminate term

A

Sentence is stated not as a specific number of years.

107
Q

Presentence report

A

Probation officer’s written report that gives the sentencing judge information about the defendant’s background and prospect for rehabilitation

108
Q

Retribution

A

Punishment given as a kind of revenge for wrongdoing

109
Q

Deterrence

A

Punishment that discourage the offender from committing another crime in the future. Serve as an example to deter other people from committing crimes

110
Q

Rehabilitation

A

Helping convicted persons change their behavior so that they can lead useful and productive lives after release

111
Q

Incapacitation

A

Criminal will be physically separated from the community

112
Q

Parole

A

Release of a convicted person from prison before their entire sentence has been served

113
Q

Qualifiers for parole

A

Minimum number of years are served

Minimum percent of your sentence

114
Q

Reasons for parole

A

Overcrowding of prisons/jails

Rehabilitation

115
Q

Capital punishment

A

Death penalty

116
Q

2 trails for capital punishment

A
  1. Guilty or innocent

2. Set the sentence

117
Q

Corporal punishment

A

Striking the juvenile’s body

118
Q

Parens patriae

A

Court assumes the role of a parent and was permitted to do whatever it thought was necessary to help the child

119
Q

Delinquent offenders

A

Youth who have committed acts that would be crimes if committed by adults under federal, state, or local law

120
Q

Status offenders

A

Someone who’s beyond control of their parents or habitually disobedient

121
Q

Neglected children

A

Parent or guardian is charged with failing to provide adequate food, clothing, shelter, or medical care for the child

122
Q

Abused children

A

When a child has been sexually, physically, or emotionally abused

123
Q

Parental responsibility laws

A

Parents should be held responsible for crimes committed by their children in cases which parents know or should know

124
Q

Contributing to the delinquency of a minor

A

An act by an adult of aiding or encouraging illegal or improper conduct by a minor

125
Q

Factors to decide if a juvenile will be tried as an adult

A

Age and past records
Seriousness of crimes
Likelihood of rehabilitation before 18

126
Q

Juveniles charged with delinquent acts are entitled to 4 rights

A
  1. The right to notification of the charges against them
  2. The right to an attorney
  3. The right to confront and cross examine witnesses
  4. The right to remain silent
127
Q

Not guaranteed to juveniles

A

Jury trial (can request)
Bail
Public trial

128
Q

Intake

A

Informal process by which court officials or social workers decide if a complaint against juvenile should be referred to juvenile court

129
Q

Initial hearing

A

Preliminary examination of the validity of youth’s arrest. State must prove that an offense was committed and reasonable cause to believe youth committed it. Decisions made about detention and legal representation. Date is set for hearing on facts

130
Q

Preventive detention

A

Holding a person against their will because of the likelihood that the individual will commit a crime

131
Q

Adjudicatory hearing

A

Procedure to determine the facts in a juvenile case, similar to adult trial but generally closed to the public

132
Q

Disposition

A

Most important stage

Final settlement or result of a case

133
Q

Aftercare

A

Equivalent of parole in the juvenile system. Juvenile is supervised and assisted by a parole officer or social worker

134
Q

Factors of sentence

A
  1. Judge’s theory of correction
  2. What’s best for the community
  3. Presentence report
135
Q

Alibi

A

Evidence that the defendant was somewhere else at the time the crime was committed

Personal Law (4 decks)

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