CJ 150 Midterm

law

A rule of conduct or standard of behavior established by proper authority, society, or custom

Statutory Law

Written or codified law; the "law on the books," as enacted by a government body or agency having the power to make laws.

penal code

The written, organized, and compiled form of the criminal laws of a jurisdiction.

Case Law

The body of judicial precedent, historically built on legal reasoning and past interpretations of statutory laws, that serves as a guide to decision making, especially in the courts.

Common Law

Law originating from usage and custom rather than from written statutes. refers to an unwritten body of judicial opinion originally developed by English courts that is based on Non statutory customs traditions and precedents that help guide judicial decision making.

Rule of Law

The maxim that an orderly society must be governed by established principles and known codes that are applied uniformly and fairly to all of its members.

rule of law

According to the __ those who make the law must also abide by them.

procedural

Prosecutorial misconduct is an example of _ defense.

sixth

The _ Amendment guarantees the right to a speedy trial.

entrapment

____ is an improper or illegal inducement to crume by agents of the law.

corpus delicti

To establish the ________ of a crime, the state must show that a criminal law was violated and that someone violated it.

incohate

A(n) ________ offense is one that has not been fully carried out.

concurrence

________ requires that the actus reus and mens rea occur together for a crime to take place.

duress

The defense of ________ claims that the defendant was compelled to commit the crime because of an unlawful threat.

tort

wrongful acts that violate the civil law are known as

strict liability

Crimes that do not require mens rea or criminal intent are known as:

infraction

If you commit a _ you will probably receive a ticket rather than a more severe punishment like jail time.

jurisprudence

philosophy of law

Criminal Law

The body of rules and regulations that define and specify the nature of and punishments for offenses of a public nature or for wrongs committed against the state or society.

substantive criminal law

The part of the law that defines crimes and specifies punishments.

Procedural Law

The part of the law that specifies the methods to be used in enforcing substantive law.

Civil Law

The branch of modern law that governs relationships between parties.

tort

a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability.

precedent

A legal principle that ensures that previous judicial decisions are authoritatively considered and incorporated into future cases.

Felony

A criminal offense punishable by death or by incarceration in a prison facility for at least one year.

Misdemeanor

An offense punishable by incarceration, usually in a local confinement facility, for a period whose upper limit is prescribed by statute in a given jurisdiction, typically one year or less.

offense

A violation of the criminal law. Also, in some jurisdictions, a minor crime, such as jaywalking, that is sometimes described as ticketable.

infraction

A minor violation of state statute or local ordinance punishable by a fine or other penalty or by a specified, usually limited, term of incarceration.

treason

A U.S. citizen's actions to help a foreign government overthrow, make war against, or seriously injure the United States. Also, the attempt to overthrow the government of the society of which one is a member.

espionage

The "gathering, transmitting, or losing" of information related to the national defense in such a manner that the information becomes available to enemies of the United States and may be used to their advantage.

Inchoate Offenses

an offense not yet completed; an offense that consists of an action or conduct that is a step toward the intended commission of another offense

Actus Reus

An act in violation of the law. Also, a guilty act.

Mens Rea

The state of mind that accompanies a criminal act. Also, a guilty mind.

reckless behavior

Activity that increases the risk of harm.

Criminal Negligence

Behavior in which a person fails to reasonably perceive substantial and unjustifiable risks of dangerous consequences.

motive

A person's reason for committing a crime.

Strict Liability

Liability without fault or intention. Strict liability offenses do not require mens rea.

concurrence

The coexistence of (1) an act in violation of the law and (2) a culpable mental state.

legal cause

A legally recognizable cause. A legal cause must be demonstrated in court in order to hold an individual criminally liable for causing harm.

ex post facto

Latin for "after the fact." The Constitution prohibits the enactment of ex post facto laws, which make acts committed before the laws in question were passed punishable as crimes.

Attendant Circumstances

The facts surrounding an event.

Element (of a crime)

In a specific crime, one of the essential features of that crime, as specified by law or statute.

corpus delicti

The facts that show that a crime has occurred. The term literally means "the body of the crime."

Defense (to a criminal charge)

Evidence and arguments offered by a defendant and his or her attorney to show why the defendant should not be held liable for a criminal charge.

alibi

A statement or contention by an individual charged with a crime that he or she was so distant when the crime was committed, or so engaged in other provable activities, that his or her participation in the commission of that crime was impossible.

Justification

A legal defense in which the defendant admits to committing the act in question but claims it was necessary in order to avoid some greater evil.

excuse

A legal defense in which the defendant claims that some personal condition or circumstance at the time of the act was such that he or she should not be held accountable under the criminal law.

procedural defense

A defense that claims that the defendant was in some significant way discriminated against in the justice process or that some important aspect of official procedure was not properly followed in the investigation or prosecution of the crime charged.

self-defense

The protection of oneself or of one's property from unlawful injury or from the immediate risk of unlawful injury.

reasonable force

A degree of force that is appropriate in a given situation and is not excessive. Also, the minimum degree of force necessary to protect oneself, one's property, a third party, or the property of another in the face of a substantial threat.

alter ego rule

In some jurisdictions, a rule of law that holds that a person can only defend a third party under circumstances and only to the degree that the third party could legally act on his or her own behalf.

insanity defense

A legal defense based on claims of mental illness or mental incapacity.

M'Naghten Rule

A rule for determining insanity, which asks whether the defendant knew what he or she was doing or whether the defendant knew that what he or she was doing was wrong.

guilty but mentally ill

A verdict, equivalent to a finding of "guilty," that establishes that the defendant, although mentally ill, was in sufficient possession of his or her faculties to be morally blameworthy for his or her acts.

diminished capacity

A defense based on claims of a mental condition that may be insufficient to exonerate the defendant of guilt but that may be relevant to specific mental elements of certain crimes or degrees of crime.

incompetent to stand trial

In criminal proceedings, a finding by a court that as a result of mental illness, defect, or disability, a defendant is incapable of understanding the nature of the charges and proceedings against him or her, of consulting with an attorney, and of aiding in his or her own defense.

Entrapment

An improper or illegal inducement to crime by agents of law enforcement

double jeopardy

A common law and constitutional prohibition against a second trial for the same offense.