Criminal Law Legal

Accomplice Liability

Where an accomplice faces the same legal repercussions/charges as the person who committed the crime.

Acquitted

Found not guilty in a criminal trial

Actus Reus

The affirmative, voluntary act of a crime

Omission

Failure to act or intervene when a legal duty to do so exists; Type of Actus Reus

Types of Omissions

Relationship status (parent), Contractual status (lifeguard), Statutory (file income tax return), Voluntary assume responsibility for another (Voluntary Caregiver)

Affirmative Defenses

Defense where the criminal admits to comitting the act in question, but as an excuse as to why they did it.

Affirmative Defense - Justification Examples

Self-defense, defense of others, defense of property

Affrimative Defense - Excuse Examples

Age, Infancy, Insanity, Duress, Involuntary Intoxication

Aiding and Abetting

Accomplice liability theory when one assists anotther in the commission of a crime.

Allocution

Questioning, on the court, by which the court/judge confirms the validity of the facts before accepting a defendant’s guilty plea.

Arraignment

Court hearing at which time the defendant enters his plea

What ammendment says that there should be no excessive bail and no curel/unusal punishment

8th Ammendment

Where are cash bails being phased out?

NJ and Philly

Bill of Rights

First 10 ammendments of the United States Constitution (ORIGINALLY only applied to federal jurisdiction)

Born alive four requirements:

1. Must be physically seperated from the mother

2. The umbilical cord has to be cut

3. The baby has to be independantly breathing

4. Must have a heartbeat

Beyond a Reasonable Doubt (BRD)

Highest burden of proof

Preponderance of the evidence (P/P)

Standard of proof in most civil cases, requiring that the evidence, when weighed, shows that a claim is "more likely than not" true. (Over 50%)

Clear and Convincing Evidence (C/CE)

Medium-to-high burden of proof. More rigorous than “Preponderance of the Evidence” and less than “Beyond a Reasonable Doubt”

Burglary… What kind of crime?

Considered A Specific intent crime

Burglargy definition

Illegal breaking into a structure with the intent to commit a crime (Must show intent prior to entry)

Castle Rule/Doctrine

Exception to the duty to retreat. Use of force when someone enters your home. Cannot be the first aggressor.

Commerce Clause

"to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes”

Conspiracy

An inchoate Crime; A crime between two or more people

Constructive Notice

a person is presumed by law to have knowledge of a fact (such as a lawsuit, property lien, or dangerous condition) because it is public record or discoverable through reasonable diligence, even if they have no actual knowledge of it.

Crime/Offense

An act or omission that violates federal, state, or municipal law, punishable by fines, penalties, or incarceration.

Double Jeopardy

5th Ammendment, You cannot be prosecuted or punished twice for the same offense.

Due Process

Must follow all legal procedjures before a person can be legally deprived of life, liberty. and property

Duty to Retreat

Required before using deadly force to protect oneself only if can safely retreat.

Entrapment

Defense, if the defendant can prove he was tricked into committing the illegal act by law enforcement or an agent of law enforcement.

Exlusionary Rule

You cannot use illegally obtained evidence in a criminal trial

Exculpatory Evidence

Evidence favorable to the defendant

What case has to do with exulpatory evidence?

Brady v.s Maryland; cannot withhold evidence

Ex post facto

“After the fact”.

Felony

More severe crime, punishable by 1 year to life in prison. Possible death penalty.

Felony Murder Rule

A legal theory, that holds a defendant liable for the death of the result of a crime, without requiring a culpable mens rea. (Rob a bank, someone drops dead of a heart attack, you are charged wtih felony murder)

Fourteenth Amendment

Due process and equal protection

Good Samaritan Act

Laws that generally provide basic legal protection for those who assist a person who is injured or in danger

Grand Jury

Legal body, citizens empowered to evaluate evidence presented solely by prosecutor to determine if the defendant can be charged with a serious crime/felony.

Indictment

Information

Homicide

Inchoate crimes

General Intent Crimes

Specific Intent Crimes

Transferred Intent

Jurisdiction

KIV acronym

Substantive Law

Procedural Law

Legislators

Mens Rea

PKRN Acronym

Misdemeanor

Model Penal Code (MPC)

Nullum crimen sine lege

Offense/Crime

Plea Bargaining

Presumption of Innocence

Principle of Legality

Probable Cause

Proportionality