CP FINAL

Criminal liability

Responsibility for criminal offenses.

Elements of a crime

The components that must be proven to convict a person of a crime (e.g., actus reus, mens rea, concurrence, causation, attendant circumstances).

actus reus

The 'guilty act'—a physical act or omission that is a requirement of a crime.

mens rea

The 'guilty mind'—the mental state or intent required to commit a crime.

Concurrence

The requirement that the actus reus and mens rea must occur simultaneously.

Causation

The link between the defendant's conduct and the resulting criminal harm.

Attendant circumstances

Facts surrounding an event that must be proven for the defendant to be guilty of a crime.

Affirmative Defense

A defense in which the defendant introduces evidence to prove a fact that defeats or mitigates criminal liability, even if the prosecution's claims are true.

self defense

The use of reasonable force to protect oneself or members of the family from bodily harm from the attack of an aggressor.

Excuse

A defense where the defendant admits what they did was wrong but claims that, under the circumstances, they were not responsible for their actions (e.g., duress, insanity).

Justification

A defense where the defendant admits responsibility for the act but claims that the act was necessary or right under the circumstances (e.g., self-defense).

Alibi

A claim or piece of evidence that one was elsewhere when an alleged act took place.

Duress

A defense claiming that the defendant was forced to commit a criminal act because of a threat of immediate death or serious bodily harm.

insanity

A legal defense asserting that a defendant is not responsible for their actions due to a mental disease or defect.

Murder

The unlawful killing of another human being with malice aforethought.

manslaughter

The unlawful killing of a human being without malice aforethought (either voluntary or involuntary).

Justifiable Homicide

A killing that is permitted by law (e.g., a police officer shooting a felon who poses a threat, or self-defense).

Strict liability offense

A crime that does not require mens rea (guilty mind); the mere commission of the act is sufficient for conviction.

Reasonableness Standard

The standard used to determine if a person's conduct was proper under the circumstances, often based on what a 'reasonable person' would have done.

Retreat Rule

The requirement that a person must retreat from a situation if they can safely do so before using deadly force in self-defense.

Castle exception

An exception to the retreat rule, stating that a person does not have to retreat from their own home before using deadly force to repel an intruder.

Stand Your Ground

Laws that remove the duty to retreat, allowing a person to use deadly force in self-defense when they reasonably believe it is necessary to prevent death or great bodily harm.

Trayvon Martin / George Zimmerman

High-profile case components involving the killing of Trayvon Martin by George Zimmerman in Florida, sparking debate over 'Stand Your Ground' laws and racial profiling.

Entrapment

A defense claiming that a law enforcement officer induced an otherwise innocent person to commit a crime.

Yoshi Hattori

A Japanese exchange student who was fatally shot in Baton Rouge, Louisiana in 1992 after mistakenly approaching a home, often cited in discussions of justifiable homicide and gun laws.

Victimology

The study of crime victims and the process of victimization.

Survivor Missions

Programs or initiatives focused on supporting victims of crime and guiding them through the justice process, often driven by the survivors themselves.

Restorative justice

A system of criminal justice that focuses on the rehabilitation of offenders through reconciliation with victims and the community at large.

Retributive Justice

A system of criminal justice based on the punishment of offenders rather than on rehabilitation.

Victim Bill of Rights

Legal rights afforded to victims of crime, which may vary by jurisdiction, typically including the right to be present, to be heard, and to be informed during criminal proceedings.

Authority

The legitimate power to enforce laws, demand obedience, make decisions, and command.

Power

The ability to influence others or control their actions.

Rule of Thumb

A general principle or guideline, not intended to be strictly accurate or reliable for every situation.

Standards of Proof

The degree of evidence required to establish that a fact is true in a legal proceeding.

Beyond a reasonable doubt

The highest standard of proof, required for conviction in criminal cases.

Preponderance of the Evidence

The standard of proof in most civil cases, meaning the evidence that is more convincing than the evidence offered in opposition (more than 50% certainty).

Clear and convincing evidence

A standard of proof intermediate between 'preponderance of the evidence' and 'beyond a reasonable doubt.'

Reasonable suspicion

A standard of proof that is less than probable cause, needed for a legal stop and frisk.

Probable cause

A reasonable basis to believe that a crime has been committed, or that evidence of a crime is present; required for arrests and searches.

Arrest

To seize someone by legal authority and take them into custody.

Warrantless Arrest

An arrest made without a court-issued warrant, usually when a crime is committed in the presence of an officer or when there is probable cause and exigent circumstances.

Judicial Affirmation of Probable Cause

The legal requirement that a judge or magistrate review a warrantless arrest to ensure probable cause existed.

Search

Government exploration or examination of an individual's home, car, or person to discover evidence of a crime.

Warrantless Search

A search conducted without a warrant, justified by specific exceptions to the Fourth Amendment.

Search Incident to Lawful Arrest

A warrantless search of an arrested person and the area immediately surrounding them (in their immediate control) to ensure officer safety and prevent destruction of evidence.

Border Exception

The rule allowing government agents to conduct searches at international borders without a warrant or probable cause.

Plain View Exception

The rule permitting officers to seize evidence without a warrant if the item is clearly visible and the officers are lawfully in a position to see it.

Miranda Rights

The constitutional rights that a person must be informed of when they are taken into custody and subjected to questioning (e.g., right to remain silent, right to an attorney).

Exclusionary Rule

A rule stipulating that evidence obtained illegally (in violation of the Fourth Amendment) cannot be used in a criminal trial.

Fruit of the Poisonous Tree

An extension of the exclusionary rule, holding that evidence derived from illegally obtained evidence is also inadmissible.

Good Faith Exception

An exception to the exclusionary rule where evidence is admissible if officers acted on a search warrant they believed to be valid, even though it was later found to be defective.

Racial Profiling

The discriminatory practice by law enforcement of targeting individuals for suspicion of crime based on their race, ethnicity, religion, or national origin.

Fifth Amendment

Protects against self-incrimination (right to remain silent), double jeopardy, and guarantees due process of law.

Law of Interrogation

Rules governing the questioning of suspects by police, derived primarily from the Fifth and Sixth Amendments (Miranda Rights and right to counsel).

Fourth Amendment

Protects people from unreasonable searches and seizures and requires warrants to be judicially sanctioned and supported by probable cause.

Stop and Frisk

A brief detention and pat-down of a person by police when there is reasonable suspicion that the person is involved in criminal activity and may be armed.

Police Brutality

The use of excessive physical force, assault, or verbal abuse by police officers.

Police Corruption

Misconduct by police officers, including taking bribes, committing illegal acts, or using power for personal gain.

Grass Eaters

Police officers who accept payoffs and opportunities of corruption that are offered to them, but do not actively seek them out.

Man Eaters (Meat Eaters)

Police officers who actively seek out corruption opportunities, such as soliciting bribes.

Rodney King

A Black man whose severe beating by Los Angeles police officers in 1991, captured on video, sparked national outrage and contributed to the 1992 Los Angeles riots.

Impact Techniques

Non-lethal methods and tools used by police to control a suspect, such as batons or less-lethal rounds.

When is Lethal Force justified?

Lethal force is justified when an officer has a reasonable belief that the suspect poses a significant threat of death or serious physical injury to the officer or others.

Fleeing Felon Doctrine

The now-limited rule (overturned by Tennessee v. Garner) that historically permitted police to use deadly force to prevent the escape of any felony suspect.

Rotten Apple Theory

The belief that police corruption is limited to a few individual officers (the 'rotton apples') who must be removed, rather than being a systemic problem.

Working Personality of Police Officer

The psychological and sociological effects of police work on an officer's behavior and outlook, often characterized by isolation and cynicism.

Symbolic Assailants

People who, based on an officer's past experience and training, are perceived as potentially dangerous or troublesome.

Blue Curtain

A term referring to the secrecy and mutual support among police officers, which often includes maintaining silence about a colleague's errors or misconduct.

Code of Silence

The unwritten rule among police officers not to report colleagues' errors, misconduct, or crimes.

Paradox of coercive power

The idea that a police officer's coercive authority (the ability to use force) is most effective when it is least used.

War Model of Policing

An approach that views policing as a conflict or battle against crime, often characterized by aggressive, militaristic tactics.

Dirty Harry Problem

A moral dilemma faced by police officers who may feel tempted to use illegal or unethical means to achieve a morally desirable end (i.e., achieving justice).

Order maintenance

A police function that involves maintaining peace and order, handling minor disputes, and regulating non-criminal conflicts.

Service maintenance (Service)

A police function that includes providing services to the public, such as assisting stranded motorists or conducting welfare checks.

Crime control

A police function focused on deterring crime, apprehending offenders, and investigating criminal acts.

Community Policing

A philosophy that promotes organizational strategies which support the systematic use of partnerships and problem-solving techniques to proactively address the immediate conditions that give rise to public safety issues.

Broken Windows Theory of crime

A theory suggesting that visible signs of crime, anti-social behavior, and civil disorder create an urban environment that encourages further serious crime and disorder.

War on Drugs

A campaign of prohibition and foreign military assistance, aimed at reducing the illegal drug trade in the United States and abroad.

War on Crime

A political slogan and series of government initiatives beginning in the 1960s aimed at combating crime through increased enforcement and punitive measures.

Prohibition

The action of forbidding something by law, especially the manufacture, storage, transportation, and sale of alcohol from 1920 to 1933 in the US.

Drugs-Crime Connection

The relationship between drug use/trafficking and criminal activity, which can include crimes committed to fund drug habits or violence related to drug markets.

Collateral Damage in the War on Drugs

The unintended negative consequences of the War on Drugs, such as mass incarceration, racial disparities, and civil asset forfeiture.

Ferguson: Michael Brown and Police Militarization

Case study referring to the killing of Michael Brown by police in Ferguson, Missouri, and the subsequent public debate about police use of force, racial tensions, and the militarization of police departments.

Broken Windows Policing

A policing strategy based on the Broken Windows Theory, which involves enforcing minor offenses to prevent more serious crimes.

Tough on Crime

A political stance advocating for stricter laws, longer sentences, and more aggressive policing tactics.

Terrorism

The unlawful use of violence and intimidation, especially against civilians, in the pursuit of political aims.

Tim McVeigh

The domestic terrorist responsible for the 1995 Oklahoma City Bombing.

Oklahoma City Bombing

The 1995 domestic terrorist attack on the Alfred P. Murrah Federal Building, carried out by Timothy McVeigh and Terry Nichols.

Al Qaeda

A militant Sunni Islamist multi-national organization founded in 1988 by Osama bin Laden.

Osama bin Laden

The founder and first leader of the Islamist militant organization Al Qaeda.

9/11

The series of four coordinated terrorist attacks by Al-Qaeda against the United States on September 11, 2001.

Blowback

Unintended, negative consequences of a foreign policy or military action.

Debating 'war on terror'

The ongoing public and academic discussion regarding the effectiveness, legality, and ethics of the global campaign launched by the US government after 9/11.

Supreme Court

The highest judicial court in a country or state.

Earl Warren

The 14th Chief Justice of the United States (1953–1969), whose court oversaw major decisions expanding civil rights and criminal due process (the 'Warren Court').

Thurgood Marshall

The first African-American Supreme Court Justice (1967–1991), known for his work as a lawyer in the Civil Rights Movement.

Sandra Day O’Connor

The first female Supreme Court Justice (1981–2006).

Rights de jure

Rights that exist by law, regardless of whether they are enforced or realized in practice.

Rights de facto

Rights that exist in reality and practice, even if they are not officially or legally recognized.

6th Amendment

Guarantees a citizen's right to a speedy trial, a fair jury, an attorney, and the chance to confront witnesses.