Chapter 4 Law & Justice Vocab

Actus Reus

an act in violation of the law. also a guilty act

Alibi

a statement or contention by an individual charged with a crime that he or she was so distant when the crime was committed, or so engaged in other provable activities, that his or her participation in the commission of that crime was impossible

Alter ego rule

in some jurisdictions, a rule of law that holds that a person can defend a third only under circumstances and only to the degree that the third party could legally act on his or her own behalf

Attendant Circumstances

the facts surrounding an event

case law

the body of judicial precedent, historically built on legal reasoning and past interpretations of statutory laws, that serves as a guide to decision making, especially in the courts

civil law

the branch of modern law that governs relationships between parties

Common Law

law originating from usage and custom rather than from written statutes. The term refers to an unwritten body of judicial opinion, originally developed by English courts, that is based on nonstatutory customs, traditions, and precedents that help guide judicial decision

corpus deliai

the facts that show that a crime has occurred. the term literally means “the body of the crime”

criminal law

the body of rules and regulations that define and specify the nature of and punishments for offenses of a public nature or for wrongs committed against the state or society. also called penal law.

concurrence

the coexistence of (1) an act in violation of the law and (2) a culpable mental state

Defense (to a criminal charge)

evidence and arguments offered by a defendant and his or her attorney to show why the defendant should not be held liable for a criminal charge

diminished capacity

a defense based on claims of a mental condition that may be insufficient to exonerate the defendant of guilt but that may be relevant to specific mental elements of certain crimes or degrees of crime. Also called BLANK responsibility.

double jeopardy

a common law and constitutional prohibition against a second trial for the same offense

element (of a crime)

in a specific crime, one of the essential features of that crime, as specified by law or statute

entrapment

an improper or illegal inducement to crime by agents of law enforcement. Also a defense that may be raised when such inducements have occurred

espionage

the gathering, transmitting, or losing of information related to the national defense in such a manner that the information becomes available to enemies of the United States and may be used to their advantage

excuse

a legal defense in which the defendant claims that some personal condition or circumstance at the time of the act was such that he or she should not be held accountable under the criminal law

ex post facto

Latin for “after the fact.” the Constitution prohibits the enactment of “BLANK” laws which make acts committed before the laws in question were passed punishable as crimes.

felony

a criminal offense punishable by death or by incarceration in a prison facility for at least one year

guilt but mentally ill

a verdict, equivalent to a finding of “guilty” that establishes that the defendant, although mentally ill, was in sufficient possession of his or her faculties to be morally blameworthy for his or her acts

inchoate defense

an offense not yet completed. also an offense that consists of an action or conduct that is a step toward the intended commission of another offense.

incompetent to stand trial

in criminal proceedings, a finding by a court that, as a result of mental illness, defect, or disability, a defendant is incapable of understanding the nature of the charges and proceedings against him or her, of consulting with an attorney, and of aiding in his or her own defense.

infraction

a minor violation of state statute or local ordinance punishable by a fine or other penalty or by specified, usually limited, term of incarceration

insanity defense

a legal defense based on claims of mental illness or mental incapacity

jurisprudence

the philosophy of law. also the science and study of the law

justification

a legal defense in which the defendant admits to committing the act in question but claims it was necessary in order to avoid some greater evil

law

a rule of conduct, generally found enacted in the form of a statute, that proscribes or mandates certain forms of behavior

legal cause

a legally recognizable cause. a BLANK must be demonstrated in court in order to hold an individual criminally liable for causing harm

mens rea

the state of mind that accompanies a criminal act. also a guilty mind

misdemeanor

an offense punishable by incarceration, usually in a local confinement facility, for a period whose upper limit is prescribed by statute in a given jurisdiction, typically one year or less

M'Naghten rule

a rule for determining insanity, which asks whether the defendant knew what he or she was doing or whether the defendant knew that what he or she was doing was wrong

motive

a person’s reason for committing a crime

penal code

the written, organized, and complied form of the criminal laws of a jurisdiction

precedent

a legal principle that ensures that previous judicial decisions are authoritatively considered and incorporated into future cases

procedural defense

a defense that claims the defendant was in some significant wat discriminated against in the justice process or that some important aspect of official procedure was not properly followed in the investigation or prosecution of the crime charged

procedural law

the part of the law that specifies the methods to be used in enforcing substantive law

reckless behavior

activity that increases the risk of harm

rule of law

the maxim that an orderly society must be governed by established principles and known codes that are applied uniformly and fairly to all of its members

self-defense

the protection of oneself or of one’s property from unlawful injury or from the immediate risk of unlawful injury

stare decisis

a legal principle that requires that in subsequent cases on similar issues of law and fact, courts be honored by their own earlier decisions and by those of higher courts having jurisdiction over them. the term literally means “standing by decided matters”

statutory law

written or codified law; the “law on the books,” as enacted by a government body or agency having the power to make laws

strict liability

liability without fault or intention. BLANK offenses do not require mens rea

substantive criminal law

the part of the law that defines crimes and specifies punishments

tort

a wrongful act, damage, or injury not involving a breach of contract. also a private or civil wrong or injury

treason

a U.S. citizen’s actions to help a foreign government overthrow, make war against, ore seriously injure the United States.