Crime and Justice Unit 2

Negligent Murder

Failure to use reasonable care

Voluntary Manslaughter

intent to kill out of emotion (victim provoked the emotion)

Involuntary Manslaughter

Reckless behavior

2nd degree murder

not planned

deliberate

with malice

felony murder

takes place during a felony act

1st degree murder

premeditated

deliberate

malice

non-criminal homicide

self-defense

military

conspiracy

agreement between 2+ people to commit a crime

Attempt

big steps towards a crime

solicitation

asking someone to commit a crime

omission

failing to do something

(taxes)

accessory after

helping after

accessory before

helps plan + gives info

accomplice

person who helps

principal

the one who commits the crime

state of mind

intent behind the crime

brady acr

increased waiting periods

background checks

conceal + carry

necessity

committed for survival

entrapment

authorities forcing you to commit a crime

burglary

entry into a building to commit a crime

extortion

blackmail

larceny

theft

robbery

aking property

with intimidation + force

embezzlment

taking of property to put in your trust

battery

physical harm

assault

attempt/threat to injure or harm

probable cause

a reasonable belief that someone committed a crime

exclusionary rule

if authorities do a search that is not legit, they can not use the evidence in court

lawful arrest

if you are arrested, they can search the surrounding area

stop and frisk

if you are acting questionable, they can do a search

only in some places

plain view

a police officer can search what is seen

Hot pursuit

if an officer is following you, they can pursue you car/house

Miranda Rights

remain silent

anything you say can and will be used against you in court

you have the right to an attorney

if you can not afford one, one will be appointed to you

Ernesto Miranda

was arrested and gave information when he didn’t have to

Arizona

Booked

record collection about the person to get specific information

Pretrial detention

stay in jail until the trial

Indictment

formal charge of a criminal action

a trial will be upcoming

what percent of cases are settled before trial?

90%

Nolo Contendere

No contest

person does not admit guilt or innocence

equal to a guilty plea

continuance

either side can request for a trial date to be moved back

Bench/jury trial

choice between a jury trial or just a judge

request to remove evidence

can happen at any point

Due process

fair treatment

6th ammendment

right to jury by trial

Peremptory challenge

limited number of removals and no reason is needed

challenge for cause

unlimited number of removals with reason

Subpoena

court order that requires someone to be a witness

contempt of court

if a witness does not answer questions or cooperate with judge or attorneys

immunity

you can not get in trouble for what you say on the stand (rare)

not guilty

case is done

prosecution can not retry

5th amendment

no double Jeopardy

guilty verdict

can ask to overturn the verdict (mistrial) (rare)

appeal

suspended sentence

given a sentence but doesn’t serve it unless they mess up again

probation

certain conditions to follow and checking in with someone

retribution

getting revenge “eye for an eye”

deterrence

make an example out of someone

truth in sentencing

must serve a certain % even if good behavior exists

Capital punishment

death penalty