CJ 3

Mens Rea

Translates to intent, used to determine guilt, focusing on whether the person purposefully or knowingly committed the crime.

Actus Reus

The criminal act itself, forming the basis for the criminal charge.

Concurrence

The coming together of the guilty mind (mens rea) and the criminal act (actus reus).

Substantive Law

Defines the rights, duties, and liabilities.

Procedural Law

Outlines the processes for enforcing rights and duties.

Self-Defense

Non-deadly force used to protect oneself or property, with the duty to retreat in non-deadly situations.

Corpus Delicti

The body of the crime, including the actus reus, mens rea, concurrence, and any attendant circumstances.

Retribution

The concept that wrongdoers must be punished for freely choosing to violate society's rules.

Deterrence

Punishment aimed at preventing future crimes, both generally (affecting society) and specifically (affecting the individual).

Insanity Defense

Legal defense claiming that a defendant was not responsible for their actions due to mental illness.

Grand Jury

A group of citizens that determines whether there is probable cause for a felony indictment.

Voir Dire

Preliminary questioning of potential jurors to determine their suitability for jury service.

Necessity

A defense claiming that the harm of committing a crime was outweighed by the harm of avoiding it.

Excuse Defenses

Defenses based on circumstances that exempt the defendant from legal responsibility.

Justification Defense

Defenses based on the premise that the act was justified under the circumstances.

Prosecutor

The legal representative who presents the state's evidence in a criminal case.

Indictment

Formal accusation that an individual has committed a crime, typically decided by a grand jury.

Bail Reform

Changes to the bail system intended to ensure fair treatment and better outcomes for defendants.

Guilty but Mentally Ill (GBMI)

A verdict allowing a defendant to be committed to a mental health facility rather than prison.

Punitive Damages

Damages that exceed simple compensation and are intended to punish the defendant.

First Amendment

Guarantees freedom of religion, speech, press, assembly, and petition.

Second Amendment

Protects the right of the people to keep and bear arms.

Third Amendment

Prohibits quartering of soldiers in private homes without consent.

Fourth Amendment

Protects against unreasonable searches and seizures; requires warrants to be judicially sanctioned.

Fifth Amendment

Provides the right to due process, prohibits self-incrimination and double jeopardy.

Sixth Amendment

Guarantees the right to a fair and speedy trial by an impartial jury.

Seventh Amendment

Guarantees the right to a jury trial in civil cases.

Eighth Amendment

Prohibits excessive fines and bail, and cruel and unusual punishment.

Ninth Amendment

Affirms that the enumeration of certain rights in the Constitution does not deny others retained by the people.

Tenth Amendment

Reserves powers not delegated to the federal government to the states or the people.