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Acquittal
The legal declaration that a person who has been charged with a crime is not guilty.
Aggravated Assault
is the intent to create a more serious crime such as assault with intent to commit murder or rape.
Appeal
A proceeding undertaken to have a decision reconsidered by bringing it to a higher authority, also known as an appellate court; the party challenging the lower court's ruling is the appellant, the party against whom the appeal is taken is the appellee
Assault
The threat or use of force on another that causes a person to have a reasonable apprehension of imminent harmful or offensive contact.
Arraignment
A criminal proceeding where the accused is notified of the charges against him/her and where he/she must enter a plea of "guilty" or "not guilty"
Arrest Warrant
must: identify the defendant, describe the offense, command the arrest and bringing to court, signed by a judge
Arson
Malicious purposeful burning of a structure that endangers other people or property.
Actus Reas
the physical act that comprises the wrongful-deed aspect of a crime
Bail / Bail Reform Act
Reasonably assures that the defendant is not a flight risk, not a danger to the community.
Bail Bond
Federal courts generally do not require posting money or property.
Battery
in criminal law, a use of force that results in harmful contact; in civil law, and intentional and offensive touching of another without lawful justification.
Burden of Proof
The determination of which party has the duty to prove a disputed assertion or charge
Burglary
a crime defined both in common law and by statute, involving entering a structure with the purpose of committing a crime.
Capital Offense
A crime for which the penalty may be death.
common law
the body of law based on the English legal system derived from judicial decisions rather than from statutes or constitution sand uses case law and precedent to establish the rule of law
Complaint
in a non-criminal action, the initial pleading that starts an action and states the basis for the court's jurisdiction, the cause of action and the demand for relief, in criminal law, the formal charge accusing a person of an offense.
Exclusionary Rule
A sales-contract provision that limits the remedies available to a party if another party breaches the contract.
Exculpatory evidence
evidence tending to establish a criminal defendant's innocence
Expungement
the removal of a conviction from a person's criminal record
Perjury
a material false or misleading statement made while under oath
Plea
an accused person's formal response of "guilty" or "not guilty"or "no contest" to a criminal charge.
Plea Bargain
A negotiated agreement between a prosecutor and a criminal defendant whereby the defendant pleads guilty or no contest to a lesser offense or to one of multiple charges in exchange for some concession by the prosecutor, usu. a more lenient sentence or a dismissal of the other charges.
Precedent
the making of law by a court by recognizing and applying previously decided cases which involve similar facts or issues to the case at bar
probable cause
in criminal law, a reasonable ground to suspect that a person has committed or is committing a crime, which forms the basic requirement for allowing an arrest, search or seizure of a person
probabtion
a court imposed criminal sentence that, subject to stated conditions, releases a convicted person in tho the community instead of sending the criminal to jail or prison, usu. on condition of routinely checking in with a probation officer over a specified period of time.
Prosecution
a criminal proceeding in which an accused person (defendant) is tried; the case is tried by the prosecutor, sometimes also called the district or state attorney.
Rape
unlawful sexual intercourse without consent
reasonable doubt
the standard of guilt or innocence in a criminal trial; to be found guilty, the evidence must show guilt "beyond a reasonable doubt"
recklessness
1)conduct whereby the actor does not desire harmful consequence but nonetheless foresees the possibility and consciously takes the risk. 2)The state of mind in which a person does not care about the consequences of his or her actions.
concurrent sentence
Two or more sentences of jail time to be served simultaneously
conviction
The act or process of judicially finding someone guilty of a crime; the state of having been proved guilty. 2) The judgment (as by a jury verdict) that a person is guilty of a crime.
count
in a complaint or other court pleading, the statement of a distinct claim or cause of action
court-appointed attorney
crime
an act that the law makes punishable, or the breach of a legal duty treated as the subject matter of a criminal proceeding
crime against the person
A crime (such as rape, robbery, or pickpocketing) that is committed against an individual's person.
crime against property
A category of criminal offenses in which the perpetrator seeks to derive an unlawful benefit from - or do damage to - another's property without the use or threat of force.
criminal negligence
gross negligence so extreme that it is punishable as a crime. For example: involuntary manslaughter or other negligent homicide can be based on criminal negligence, as when an extremely careless automobile driver kills someone.
custody
The care and control of a thing or person for inspection, preservation, or security.
defendant
a person sued in a civil proceeding or accused in a criminal proceeding
double jeopardy
Prohibited by the Bill of Rights, it is being prosecuted or sentenced twice for substantially the same offense
due process
The conduct of legal proceedings according to established rules and principles for the protection and enforcement of private rights; includes the concepts of "fundamental fairness" and basic rights of procedure
Elements of a crime
embezzlement
The fraudulent taking of personal property with which one has been entrusted, esp. as a fiduciary.
entrapment
a law-enforcement officer's or government agent's inducement of a person to commit a crime, by means of fraud or undue persuasion, in an attempt to cause a criminal prosecution against that person
evidence
Testimony, documents, tangible objects, or the like that are offered to the court to be part of a case to prove or disprove the existence of an alleged fact
extradition
the official surrender of an alleged criminal by one state or country to another having jurisdiction over the crime charged;
Felony
a serious crime usually entailing more than a year in prison; compare with a misdemeanor
Forcibile rape
recidivism
a tendency to relapse into a habit of criminal behavior
robbery
The illegal taking of property from the person of another or in the person's presence by violence or intimidation; aggravated larceny.
Search Warrant
criminal law. A judge's written order authorizing a law-enforcement officer to conduct a search of a specified place and to seize evidence.
selective incorporation doctrine
the incorporation of certain provisions of the bill of rights.
sentence
the punishment by a court of a defendant after a finding of guilt
sentencing guidelines
Criminal procedure. A set of standards for determining the punishment that a convicted criminal should receive based on the nature of the crime and the offender's criminal history.
specific intent
The intent is to accomplish the precise criminal act that one is later charged with.
plea bargain
A negotiated agreement between a prosecutor and a criminal defendant whereby the defendant pleads guilty or no contest to a lesser offense or to one of multiple charges in exchange for some concession by the prosecutor, usu. a more lenient sentence or a dismissal of the charges.
Forgery
The act of fraudulently making a false document or altering a real one to be used as if genuine. Intent to deceive.
fraud
a knowing misrepresentation or knowing concealment of a material fact made to induce another to act to his or her detriment.
general intent
The intent to perform an action even though the actor does not desire the consequences that result
Habeas Corpus
Latin " you should have the body" is a writ before a court, most frequently used to ensure that a party's imprisonment or detention is not illegal
inculpatory evidence
Evidence showing or tending to show one's involvement in a crime or wrong.
indictment
the formal written accusation of a crime against a person , made by a grand jury
infraction
violation, usu. of a rule or local ordinance, and usu. not punishable by incarceration
Jurisdiction
a court's general power ot exercis authority over a matter
Larceny
The unlawful taking of someone else's personal property, with intent to permanently deprive that person of it.
Malum in se
An act considered illegal by its nature, compare with malum prohibitum
Malum Prohibitum
An act that is a crime because it is prohibited by statute, although not necessarily itself immoral; compare with malum in se
manslaughter
the unlawful killing of a human being without malice; compare with murder
mitigation
to make less severe or intense; to make less harmful, unpleasant, or seriously bad.
mens rea
criminal intent
miranda rights
Must be informed that they have the right to remain silent, the right to have an attorney present, right to appointment of an attorney if you can't afford
murder
the unlawful killing of a human being with malice; compare with manslaughter
nolo contendere
latin "I will not contest it." in a criminal case, when the defendant neither admits nor denies the charges against him/her
pardon
an official act of nullifying the legal consequences of a crime
parole
The conditional release of a prisoner from imprisonment before the full sentence has been served.
standard of proof
the level of proof demanded in a specific case
statute
a law passed by a legislative body
statutory rape
Intercourse with a male or female who is underage. regardless of consent.
specific intent
The intent is to accomplish the precise criminal act that one is later charged with.
transferred intent
occurs when there is "collateral damage" in a crime
strict liability
legal responsibility that does not depend on actual fault, but merely because of a duty to make a product safe
sua sponte
Latin "of its own accord" when a court acts on its own initiative rather than on a motion
venue
a possible proper place for a lawsuit to procced
verdict
a trier of fact's decision on the factual issues of a case
warrant
a writ directing someone to do an act
Note 
Flashcard (49)