inside criminal law

constitutional law

based on the United States constitution and the various state constitutions

statutory law

enacted by legislative bodies

supremacy clause

establishes that federal law is the supreme law of the land

ballot initiative

citizens of a state, by collecting enough signatures, can force a public vote on a proposed change to state law

administrative law

created by administrative agencies

case law

rules of law announced in court decisions

precedent

court decision that furnishes an example of authority for deciding subsequent cases involving similar facts

stare decisis

legal doctrine under which judges are obligated to follow the precedents established in prior decisions

beyond a reasonable doubt

degree of proof required to find the defendant in a criminal trial guilty of committing the crime

preponderance of the evidence

degree of proof required in a civil case, requirement is met when a plaintiff proves that a fact more likely than not is true

felony

a serious crime, punishable by death or imprisonment for a year or longer

misdemeanor

criminal offense that is not a felony and is punishable by a fine and/or a jail term of less than one year

infraction

noncriminal offense for which the penalty is a fine rather than incarceration

mala in se

descriptive term for acts that are inherently wrong, regardless of whether they are prohibited by law

mala prohibita

descriptive term for acts that are made illegal by criminal statute and are not necessarily wrong in and of themselves

corpus delicti

body of circumstances that must exist for a criminal act to have occurred, a link between the act and the legal definition of the crime, any attendant or accompanying circumstances, etc.

actus reus

guilty act

mens rea

guilty intent, mental state or intent

concurrence

the coming together of the criminal act and the guilty mind

act of commission

must be voluntary

act of omission

can be a crime, but only when a person has a legal duty to perform the omitted act (medical professionals)

first degree murder

punishable by life in prison or the death penalty, requires premeditation

second degree murder

punishable by 15-25 years in prison, requires premeditation

voluntary manslaughter

homicide in which the intent to kill was present

involuntary manslaughter

homicide in which there was no intent to kill

strict liability crimes

defendant is guilty regardless of the state of mind at the time of the act

statutory rape

an adult engages in a sexual act with a minor

accomplice liability

being charged of a crime that a person did not actually commit but has acted as an accomplice

felony-murder

unlawful homicide that occurs during the attempted commission of a felony

attendent circumstances

facts surrounding a criminal event that must be proved to convict the defendant of the underlying crime

hate crime law

provides sanctions against individuals who commit crimes motivated by bias against race, ethnicity, religion, gender, sexual orientation, disability or age

inchoate offenses

conduct deemed criminal without actual harm being done, provided that the harm that would have occurred is a harm the law tries to prevent

conspiracy

plot by 2 or more people to carry out an illegal or harmful act

alibi

evidence that a suspect was elsewhere at the time of the crime, to prove their innocence

infancy

status of a person who is below the legal age of majority

insanity

defense that asserts a lack of criminal responsibility due to mental instability

competency hearing

determines the mental ability of the defendant to understand the charges filed against them

m’naughten rule

relies on the defendant’s inability to distinguish right from wrong

ALI/MPC test

states that a person is not responsible for criminal behavior when they lack substantial capacity

irresistible-impulse test

defendant who knew their action was wrong may still be found insane if they were unable to control the urge to complete the act

duress

unlawful pressure that causes a person to perform an act that they would not otherwise perform

self defense

legally recognized privilege to protect one’s self or property from injury

duty to retreat

requirement that a person claiming self-defense proves that they first took reasonable steps to avoid the conflict that resulted in the use of deadly force

necessity

defendant asserts that circumstances forced them to commit an illegal act

entrapment

defendant claims that they were induced by a public official to commit a crime that they would otherwise not have committed

substantive criminal law

defines crimes and punishments\`

procedural criminal law

governs procedures for investigating and prosecuting crimes

bill or rights

the first 10 amendments to the united states constitution

due process clause

guarantees that no person shall be deprived of life, liberty, or property, without due process of law

procedural due process

states that the law must be carried out in a fair and orderly manner

substantive due process

constitutional requirement that laws must be fair and reasonable in content and must further a legitimate governmental objective