Chapter 2: concepts of law and justice

Actus reus

Latin for “evil act”. One of the four required components of a criminal act

Administrative law

Body of law that governs the creation and function of a state and federal government agencies

Attendant circumstances

The relationship between mens rea and actus rea. refers to what happens within the context of the act that makes it a crime.

beyond a reasonable doubt

In order to convict a defendant of a crime, the court must find that there is little doubt according to the reasonable person standard.

Case law

Law that is created as a result of legal decisions by the court

Civil Law

Law that governs disputes between individuals or private parties and generally involves the violation of private acts

Concurrence

when the mens rea and actus reus join together in a crime

Constitutional law

Law that is specified by either a state or the US constitution

Defense

A strategy to justify, explain, or excuse criminal behavior

Double jeopardy

A person cannot be tried for a crime more than once

Duress

A defense strategy that describes people who are forced to violate the law out of fear for their own safety or the safety of others around them

Durham rule

Historically ruling from 1954 court decision which establishes exception to criminal guilt when mental defect was found. Later criticized for lack of clear legal standard of criminal responsibility and now used only by New Hampshire with burden of proof on defendant

Entrapment

A defense strategy that describes when an individual is deceived by a government official to engage in an act that is against the law

Guilty but mentally ill

Legal ruling that allows courts to hold an individual to be held guilty for a crime, but acknowledges the issue of mental illness as a cause of the criminal behavior

Insanity

An individual is not help responsible for their criminal actions as a result of his or her mental state.

Intent

Refers to the conscious decision to engage in a criminal act

intoxication defense

A criminal defense that uses being under the influence of drugs or alcohol as a justification for offending

Irresistible impulse test

One of the tests of the insanity defense. Expands the M’Naghten rule with the issue of control. Desribes the condition that even though an individual who committed a crime may know that an action is wrong, they are unable to refrain from enganing in the criminal act

Lex talionis

Latin term that refers to the theory that punishment should fit the crime. the concept derives from ancient law and is references in biblical texts as eye for an eye

M’Naghten rule

One of the standards of insanity, Refers to situations when the defendant is unable to understand the difference between right and wrong at the time of the crime

Mala in se

Latin for crimes that are considered to be inherently wrong and therefore illegal

Mala prohibita

Latin for crimes that are illegal only because they have been defines as such under the law

Marijuana

Drug derived from cannabis plant

mens rea

One of the four required components of a criminal act. Latin for “evil thought”. Refers to the intent of an individual who Is convicted of a crime

Model penal code test

Combines the features of the M’Naghten rule and the irresistible impulse test to establish that a defendant can be found criminally insane if, as a result of mental disease or defect . they are unable to understand the difference between right and wrong or to control their behavior

Necessity

Refers to cases in which an individual had to break the law in order to prevent a more significant hard from occurring

Opinions

Written decisions of the court. Focus on issues of law that can be used precedents in future cases.

Plaintiff

A person who brings a suit in a civil case

Precedent

Refers to the legal standard whereby future decisions are required to take into consideration previous rulings.

Preponderance of the evidence

The burden of proof in a civil case. Refers to when the totality of the evidence exceeds a 50% likelihood that the law was violated.

Procedural criminal law

Provides the legal structure and rules by which cases should move through the system

Result

Component of a crime that refers to the harm that is experienced as a result of the mens rea and actus reus joining together.

Self defense

A defense strategy that allows for the use of force to defend oneself against an attacker

Self incrimination

A person has the right to remain silent and does no have to response to questions that might implicate themself in a criminal offense

Stare decisis

Latin for “ to stand by things settled”. Refers to the system of precedent

Statutory law

Laws that are established by governments

Strict liability

Select cases where acts are crimes even if the individual lacked the mens rea or intent to commit a crime

Substantive criminal law

Defines what makes behavior a criminal act under the law

Voluntary act

A crime that is the product of a conscious choice