am law ch 14 vocab

crime

an act in violation of a criminal statue

Model Penal Code

a collection of criminal statutes; it was created for the states to adopt in whole or in part, and has helped create uniformity in criminal law

presumption

an inference in support of a specific fact

rebuttable presumption

an inference that may be rebutted or challenged

deter

to stop, discourage, or prevent a person from performing a certain act

rehabilitation

the process of helping a person attain or regain his or her potential as a citizen; may take the form of counseling or therapy

incapacitation

the act of restraining a person from taking certain actions

retribution

punishment for a crime

mens rea

the mental element of a crime; sometimes called the "guilty mind"

purposeful act

an act that is performed willfully or voluntarily

knowing act

an act that is performed consciously or with knowledge

reckless act

an act where a person is careless or indifferent to the consequences of the action

negligent act

an act in which a person acts with a substantial and unjustifiable risk

inference

a logical conclusion of a fact that is not supported by direct evidence; a deduction made by a judge or a jury, based on common sense and the evidence presented in the trial

actus reus

the physical element of a crime; the guilty act or the physical aspect of the crime

voluntary act

an unconstrained act

concur

to act together

homicide

the taking of the life of a human being by another

first-degree murder

a homicide that is premeditated, willful, and deliberate

manslaughter

a lesser crime than murder

second-degree murder

a homicide that involves an impulsive act, rather than a premeditated act

battery

a reckless or intentional, harmful, or offensive touching of another; it is both a crime and a tort

assault

the placing of another in apprehension or fear of an imminent battery; it is both a crime and a tort

kidnapping

the unlawful taking, confinement, and carrying away of another person, by threat, force, fraud, or deception

false Imprisonment

the intentional interference with another person's liberty through force or threat without authority

burglary

the unlawful entry of a structure or building for the purpose of committing a felony inside

defense

the explanation of why the person complaining should not prevail in his or her action

juvenile delinquent

a minor, as defined by law, who violates a criminal law