Collaborative Exam Study Guide Section 314

This set of flashcards covers key legal concepts, principles, and cases related to criminal law, defenses, and policing practices based on the collaborative study guide. Each card presents a critical term or concept along with its definition.

Justice

Utilitarian/consequentialist approach vs. categorial/value approach in evaluating moral questions.

Politicality

The principle that only rules made by the government constitute law.

Specificity

Legal principle that laws must provide fair warning; no crime, no punishment without a law.

Uniformity

The characteristic of justice where laws apply equally, without respect to social status.

Penal Sanction

The consequence required by law for committing a crime.

Overcriminalization

The excessive use of criminal law to address every social issue, punishing every mistake.

Felonies

Crimes with a minimum sentence in excess of one year in prison.

Misdemeanor

Offenses with minimum penalties of fines or imprisonment not exceeding one year.

Status offense

A legal offense only applicable to minors.

Strict liability crimes

Offenses that do not require mens rea; e.g., statutory rape.

Actus Reus

The physical act of committing a crime.

Mens Rea

The mental state or intent behind committing a crime.

Causation

The principle linking a defendant's actions to the consequences that result.

Self Defense

Justification for an act committed in immediate danger of harm, not exceeding reasonable force.

Necessity

Justification for breaking the law to prevent greater harm.

Duress

A defense claiming that a crime was committed under coercion.

Entrapment

Claim that the government induced the commission of a crime.

Alibi

A defense claiming that the accused was elsewhere when the crime occurred.

Mistake of Law

A misunderstanding or ignorance of the law, which cannot be used as a defense.

Mistake of Fact

A misunderstanding of a fact that negates criminal intent (mens rea).

Incorporation

The process of applying the Bill of Rights to the states through the 14th Amendment.

Bittner's Pretext

The use of law as a means to enforce actions that may not be directly related to criminal activity.

Driving While Black

Racial profiling in traffic stops, often justified under the legality of initial infractions.

Whren v. United States

A landmark case determining that motivation behind police stops does not impact their legality if a law is broken.