Overview of the Criminal Justice System for Exam 1

Federalism

Power shared between federal and state governments.

Law Enforcement

Agencies like FBI and DEA enforce laws.

Courts

Dual system determining legality of arrests.

Corrections

System managing convicted offenders' rehabilitation.

Probation

Community supervision after court sentencing.

Jail

Facility for minor crimes and shorter sentences.

Prison

Secure facility for serious, longer-term offenses.

Adjudication

Legal process of resolving a dispute or trial.

Crime

Prosecutable actions or omissions punishable by law.

Criminal Law

Focuses on punishment for offenses against the state.

Civil Law

Private disputes between individuals or entities.

Burden of Proof

Responsibility to prove allegations in court.

Beyond a Reasonable Doubt

Standard for criminal conviction, 99% certainty.

Preponderance of Evidence

Standard for civil cases, 51% certainty.

Battery/Assault

Criminal offenses involving physical harm or threat.

False Imprisonment

Unlawful restraint of an individual's freedom.

Trespass

Entering someone's property without permission.

Arson

Deliberate setting of property on fire.

Wrongful Death

Unlawful killing leading to civil liability.

Fraud

Deception for personal gain or to harm others.

Conversion

Civil theft, wrongful possession of someone else's property.

Jurisdiction

Area where a court has authority.

Common Law

Judge-made law based on traditions.

State Criminal Codes

Written laws defining criminal behavior in states.

Model Penal Code (MPC)

Proposed code to standardize criminal laws.

Municipal Ordinances

Local laws for cities or towns.

Administrative Agency Crimes

Laws created by agencies like IRS or OSHA.

Substantive Law

Defines criminal behavior and obligations.

Procedural Law

Guidelines for enforcing criminal laws.

Reading Criminal Statute

Follow specific rules to interpret legal texts.

Legalese

Complex legal language requiring careful interpretation.

Cross-references

Statute references that connect related legal provisions.

Due Process Clause

Ensures fair legal proceedings and protects rights.

Ex Post Facto

Laws cannot apply retroactively to past actions.

Procedural Law

Rules governing the process of legal proceedings.

4th Amendment

Protects against unreasonable search and seizure.

5th Amendment

Guarantees protection against double jeopardy and self-incrimination.

6th Amendment

Ensures right to a speedy trial and counsel.

8th Amendment

Prohibits excessive bail and cruel punishments.

14th Amendment

Extends Bill of Rights protections to states.

Misdemeanor

Minor offenses punishable by up to one year.

Felony

Serious crimes punishable by over one year.

Mala in Se

Crimes inherently evil requiring criminal intent.

Mala Prohibita

Crimes defined by statute, not inherently evil.

Actus Reus

Physical act or conduct constituting a crime.

Mens Rea

Mental state or intent behind committing a crime.

Conduct Crimes

Prohibited conduct itself, no harmful result needed.

Result Crimes

Require proof of a harmful consequence from conduct.

Strict Liability

No mens rea needed; act alone is punishable.

Inchoate Crimes

Crimes with intent and steps taken, but incomplete.

Solicitation

Requesting someone to commit a crime with you.

Conspiracy

Agreement to commit a crime with another person.

Attempt

Trying to commit a crime but failing.

White Collar Crimes

Crimes committed in professional contexts by high-status individuals.

Hate Crimes

Crimes motivated by prejudice against specific groups.

Organized Crimes

Criminal activities by structured groups for profit.

Cyber Crimes

Criminal acts conducted via computers and the internet.

Crimes Against Public Order

Acts that violate societal values and norms.

Crime

Conduct causing substantial harm to individuals or public interests.

Mental State

Mens Rea; required mental condition for criminal liability.

Conduct

Actus Reus; the physical act of committing a crime.

Concurrence

Simultaneous occurrence of actus reus and mens rea.

Causation

Link between conduct and resulting harm in crimes.

Harm

Damage or injury resulting from criminal conduct.

Result Crimes

Require proof of all five crime elements.

General Crimes

Intent to perform the act defined in statute.

Specific Crimes

Intent to cause harm to a specific victim.

Transferred Intent

Intent to harm one victim applies to another.

Intentionally/Purposefully

Conscious objective to engage in conduct or cause result.

Knowingly

Awareness that conduct will likely result in harm.

Recklessly

Conscious disregard of substantial risk of harm.

Negligently

Failure to act as a reasonable person would.

Voluntary Act

Willed muscular contraction leading to criminal act.

Involuntary Act

Cannot lead to criminal convictions.

Omission

Failure to act breaching a legal duty.

Legal Duty

Obligation to act defined by law or relationship.

Possession as a Criminal Act

Intent to possess something required for liability.

Factual Causation

Determines if conduct directly caused the harm.

Legal Causation

Fairness of holding actor accountable for harm.

Failure-of-Proof Defenses

Defenses challenging sufficiency of evidence against defendant.

Affirmative Defenses

Legally justifiable reasons for committing the crime.

Perfect Defenses

Defenses leading to acquittal if successful.

Imperfect Defense

Defenses resulting in conviction of lesser crime.

Criminal Conduct

Behavior that results in criminal harm.

Responsibility to Act

Obligation to act or refrain from acting.

Created Risk

Liability arises from causing a risk to others.

Second Degree Murder

Unintentional killing without premeditation.

Burden of Proof

State must prove guilt beyond reasonable doubt.

Affirmative Defense

Justification for committing a crime despite guilt.

Self-Defense

Justifiable use of force to protect oneself.

Infancy Defense

Legal excuse for minors under 12 years.

Insanity Defense

Claim of mental illness affecting responsibility.

Competent to Stand Trial

Defendant's ability to understand trial proceedings.

Guilty but Mentally Ill

Acknowledgment of guilt with mental illness consideration.

Not Guilty by Reason of Insanity

Unawareness of wrongdoing due to mental incapacity.

Irresistible Impulse

Inability to control actions due to mental state.

Durham Rule

Insanity determined by medical expert testimony.

Model Penal Code

Broad definition of criminal responsibility and insanity.

Intoxicated Condition Defense

Impairment due to involuntary drug or alcohol use.

Use of Force in Defense

Legal justification for using force against aggressors.