Criminal Law and Procedure Review

Criminal Law

Law that deals with harm to society as a whole.

Criminal Procedure

Rules that protect individuals from government agencies enforcing criminal law.

Fourth Amendment

Part of the Constitution that prohibits unreasonable searches and seizures.

Reasonable suspicion

A suspicion based on specific facts.

Probable cause

A belief based on specific facts that a particular crime has occurred or is about to occur.

Exclusionary Rule

Rule stating that evidence obtained in violation of constitutional rights cannot be used in trial.

Fruit of the Poisonous Tree Doctrine

Evidence derived from an illegal search or interrogation is inadmissible.

Plea bargaining

A process where a prosecutor and defendant agree for the defendant to plead guilty for a lesser offense.

Misdemeanor

A minor crime, usually punishable by less than a year in jail or a fine.

Felony

A serious crime typically punishable by a prison sentence of one or more years.

Actus reus

The bad act that gives rise to criminal liability, must be proven beyond a reasonable doubt.

Mens rea

The bad intent that gives rise to criminal liability, must also be proven beyond a reasonable doubt.

Self-Defense

The justified use of force to protect oneself or others.

Entrapment

A defense requiring proof that the defendant would not have committed a crime without police trickery.

Insanity Defense

A legal defense asserting that a defendant was not mentally responsible for their criminal acts.

Juvenile Delinquent

A minor who commits acts considered as crimes by adults.

Double Jeopardy

Constitutional protection against being tried twice for the same offense.

Miranda warnings

Requirements to inform a suspect of their rights before custodial interrogation.

Terry stop

A brief stop and questioning of a person by law enforcement based on reasonable suspicion.

Burglary

Breaking into and entering a building intending to commit a felony.

Robbery

Theft through the use of force or threat of physical violence.

Homicide

The killing of one human being by another, which is often further classified.

Lesser Included Offense

A crime whose elements are contained within a more serious crime.

Constitutional Provisions

Legal enforceable standards that form the basis for many aspects of criminal procedure.

Community caretaking function

A police action aimed at safeguarding public safety, often justifying certain searches.

General Intent

an intention to act without regard to the results of the act

Specific Intent

an intention to act and to cause a specific result

Principal

the person who actually commits the crime

Accomplice

a person who assists the principal with the crime or with the preparation of the crime

Specific Deterrence

punishing an individual to discourage them from committing future crimes

General Deterrence

the use of punishment as a means of discouraging criminal behavior in the general public by making an example of offenders

Incapacitation

restricting an individual's ability to commit future crimes

Rehabilitation

helping offenders change their behavior and reintegrate into society

Retribution

punishment proportional to the crime