CJ Today CH3 Key Terms

actus reus

The physical act of committing a crime.

administrative law

Rules made by government agencies.

alibi

Proof the defendant was elsewhere during the crime.

attempt

Trying but failing to commit a crime.

attendant circumstances

Facts surrounding a crime that affect its seriousness.

ballot initiative

Citizens propose and vote on laws directly.

beyond a reasonable doubt

Highest standard of proof in criminal law.

bill of rights

First ten amendments protecting individual freedoms.

case law

Law based on judicial decisions.

civil law

Law dealing with private disputes, not crimes.

competency hearing

Determines if a defendant is mentally fit for trial.

conspiracy

Agreement between two or more to commit a crime.

constitutional law

Laws based on the U.S. Constitution.

corpus delicti

Proof a crime has occurred.

defendant

Person accused of a crime or sued in civil court.

due process clause

Constitutional guarantee of fair treatment.

duress

Being forced to commit a crime under threat.

duty to retreat

Obligation to avoid violence if safely possible.

entrapment

When law enforcement induces someone to commit a crime.

felony

Serious crime punishable by over a year in prison.

felony-murder

Killing during the commission of a felony.

hater crime law

Enhanced penalties for crimes motivated by bias.

inchoate offenses

Incomplete crimes (e.g., attempt, conspiracy).

infancy

Legal defense based on being too young to be held responsible.

infraction

Minor violation, usually punishable by fine.

insanity

Legal defense claiming mental illness prevented understanding the crime.

intoxication

Impairment by drugs/alcohol, sometimes a defense.

involuntary manslaughter

Unintentional killing from reckless behavior.

liability

Legal responsibility for actions or damages.

mala in se

Acts that are inherently wrong.

mala prohibita

Acts wrong only because they are prohibited.

mens rea

The intent or knowledge of wrongdoing.

misdemeanor

Less serious crime, punishable by less than a year.

M'Naghten, Irresistible Impulse, & ALI/MPC

Insanity tests: lacks substantial capacity to understand or control actions.

necessity

Committing a crime to prevent greater harm.

negligence

Failing to exercise reasonable care.

plaintiff

Person who brings a civil lawsuit.

precedent

Past decision used to guide future cases.

preponderance of the evidence

Standard of proof in civil cases; more likely than not.

procedural criminal law

Rules governing the process of criminal justice.

procedural due process

Ensures fair legal procedures.

recklessness

Disregarding a known risk.

rule of law

Law applies equally to everyone.

self-defense

Use of force to protect oneself.

stare decisis

Courts follow precedent.

statutory law

Laws written by legislatures.

statutory rape

Sexual activity with a minor, regardless of consent.

strict liability crimes

Crimes that don’t require intent.

substantive criminal law

Defines crimes and punishments.

substantive due process

Protects fundamental rights from government interference.

supremacy clause

Federal law overrides state law.

voluntary manslaughter

Killing in the "heat of passion."

uncodified

not arranged in a formal system