AJ 21

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25 Terms

1
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What is defined as an intentional violation of the criminal law or penal code, committed without defense or excuse and penalized by the state?

Legal definition of crime

2
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What is the term for a crime punishable by a term of imprisonment of not less than one year or by the death penalty?

Felonies

3
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What is the term for the administrative recording of an arrest?

Booking

4
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What is the purpose of an initial appearance in court?

To inform the defendant of their rights and charges and to ensure they have adequate legal representation.

5
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What is a preliminary hearing?

A court proceeding that determines if there is enough evidence to try a defendant for a crime.

6
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What does 'mens rea' refer to in legal terms?

Criminal intent or a guilty state of mind.

7
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What does 'actus reus' refer to?

Criminal conduct, specifically intentional or criminally negligent action or inaction that causes harm.

8
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What is the necessity defense in criminal law?

A legal defense used when a crime has been committed to prevent a more serious crime.

9
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What does the fifth amendment protect against?

Compelled self-incrimination and double jeopardy.

10
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What is the role of the grand jury in the legal system?

To determine whether there is enough evidence to formally charge a defendant.

11
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What standard of proof is necessary to find a defendant guilty in a criminal trial?

Beyond a reasonable doubt.

12
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What does the exclusionary rule state?

Illegally seized evidence must be excluded from trials.

13
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What is the focus of labeling theory in criminology?

The way people and actions are defined as criminal.

14
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What does 'overcriminalization' refer to?

The prohibition by criminal law of some behaviors that arguably should not be prohibited.

15
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What does 'probable cause' mean in the context of law enforcement?

The amount of proof necessary for a reasonably intelligent person to believe that a crime has been committed.

16
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What is a status offense?

An act that is illegal for a juvenile but would not be a crime if committed by an adult.

17
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What principle asserts that decisions in one case can set a precedent for future cases?

Stare decisis.

18
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What does civil law include?

The law of contracts, property, and subjects such as administrative law.

19
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What is the purpose of plea bargaining?

To negotiate a plea agreement typically resulting in a lesser charge.

20
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What theory assumes that crime can be diminished through the fear of punishment?

Deterrence theory.

21
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In criminal law, what is meant by 'politicality'?

The concept that laws are violations of rules made by the state.

22
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Who is associated with the concept of biological inferiority in criminology?

Cesare Lombroso.

23
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What is the consequence of being acquitted in a trial?

You cannot be tried again for the same offense due to double jeopardy.

24
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What does 'mala prohibita' refer to in legal terms?

Offenses that are illegal because laws define them as such.

25
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What does the term 'anomie' refer to, according to Durkheim?

The dissociation of the individual from the collective conscience.