ch. 8 intro to criminal law

mens rea

guilty state of mind meaning that the prohibited act was done intentionally

arbitration

both parties agree that one or more people listen to their argument and make a decision for them

strict liability

crime doesn’t require a guilty state of mind, the act itself is criminal

mediation

3rd party helps the disputing parties to talk and settle the differences

1st degree murder

commits a crime of murder with a premeditated intent to cause the death of another person, he or she caused the death or such person or of a 3rd person

1st degree manslaughter

when they recklessly cause the death of another person

2nd degree manslaughter

manslaughter with criminal negligence, he/she causes the death of another person

felony

crime penalty is prison for more than a year

misdemeanor

crime in which the penalty is less than a year

principal

person who commits the crime

accomplice

someone who helps the principal plan/commit a crime

accessory before the fact

gives principal info to commit the crime

accessory after the fact

A person knowing a crime has been committed and helps principal/ accomplice void capture/hideout

crimes of omission

failing to act may be a crime if the person had a legal duty to act

do you need to be successful with a preliminary crime in order to be charged for it?

no; these actions can be punished even if the crime is never committed

litigator

lawyers that go to court

solicitation

ask,command,urge or advise another person to commit a crime

attempt

the accused person must have both intended to commit a crime and have taken a “substantial step“ toward committing the crime

conspiracy

an agreement between 2 or more people to commit a crime.Police cannot arrest people for merely discussing a crime- the people must have taken obvious steps towards completing the crime to be guilt or conspiracy.

DWI

driving while intoxicated'; in MI it’s defined as having a bodily alcohol content of 0.08 or more

DUI

driving under the influence

gang

people who form groups closed to others, for certain common

criminal law

almost all crimes require an illegal act accompanied by a guilty state of mind

BAC

blood alcohol concentration; can be determined by blood, urine, or breath.

vandalism

the willful destruction of or damaged to, the property of another; depending on the damage, it can be charged with misdemeanor/ felony

embezzlement

unlawful taking of property by someone to whom it was entrusted

larceny

unlawful taking and carrying away of the property of another with the intent to steal it

burglary

unauthorized entry into any structure with the intent to commit a crime regardless of the time of day

robbery

unlawful taking of property from a person’s immediate possession by force or intimidation

extortion

use of threats to obtain the property of another (blackmail)

forgery

crime in which a person makes/alters a writing or document with intent to take advantage of someone/ thing

cybercrime

used in crimes against the person and against property

what are the purposes of law?

protect our safety and ensure our rights against abuses

Who makes laws

the people; Congress, legislatures, administrative agencies, courts, voters

What are the five methods of dispute settlement

* informal talk
* negotiation
* mediation
* arbitration
* court action

do most cases go to trial? What happens to them?

no; charges can be dismissed or case won’t go through because of lack of evidence

what are the two types of laws?

criminal and civil

What are the three requirements of battery?

* intent
* contact
* physical harm

Is contact necessary for an assault to occur?

no

how can we prevent crime in schools and our communities?

police awareness/community policing

what are the different types of crime against people

battery, assault, homicide, kidnapping, etc.

Why do some teens and young adults join gangs? What can be done to prevent them from joining gangs?

* identity, recognition, belonging, discipline, love, and money
* operate intervention programs, provide a greater opportunity for young people, and raise awareness

how are substance abuse and crime related?

Drug abusers commit crimes to pay for their drugs and this inflicts damages to society. Moreover, many criminals are under the influence of drugs while committing crimes.

* they also contribute to social problems like breaking apart families, poverty, criminal activities, decrease work productivity, and car crashes

1st amendment

Freedom of religion, speech, press, assembly, and petition.

2nd amendment

Right to keep and bear arms in order to maintain a well regulated militia.

3rd amendment

No quartering of soldiers.

4th amendment

Freedom from unreasonable searches and seizures.

5th amendment

Right to due process of law, freedom from self-incrimination, double jeopardy.

6th amendment

Rights of accused persons, e.g., right to a speedy and public trial.

7th amendment

Right of trial by jury in civil cases.

8th amendment

Freedom from excessive bail, cruel and unusual punishments.

9th amendment

Other rights of the people.

10th amendment

Powers reserved to the states.

homicide

killing of one human being by another; it may refer to either a noncriminal or criminal act of murder; some can be justifiable.

second degree murder

the intentional murder of another person, which may be a criminal act done with careless disregard for human life or criminal homicide, by didn’t occur without premeditation

battery

an unlawful application of force directly or indirectly upon another person or their personal belongings, causing bodily injury or offensive contact

negotiation

any form of direct or indirect communication whereby parties who have opposing interests discuss the form of any joint action which they might take to manage and ultimately resolve the dispute between them

civil law

describe the law that pertains to persons, things, and relationships that develop among the

restitution

full or partial compensation for loss paid by a criminal to a victim that is ordered as part of a criminal sentence or as a condition of probation