CP FINAL
Criminal liability: Responsibility for criminal offenses.
Elements of a crime: The components that must be proven to convict a person of a crime (e.g., actus reus, mens rea, concurrence, causation, attendant circumstances).
actus reus: The "guilty act"—a physical act or omission that is a requirement of a crime.
mens rea: The "guilty mind"—the mental state or intent required to commit a crime.
Concurrence: The requirement that the actus reus and mens rea must occur simultaneously.
Causation: The link between the defendant's conduct and the resulting criminal harm.
Attendant circumstances: Facts surrounding an event that must be proven for the defendant to be guilty of a crime.
Affirmative Defense: A defense in which the defendant introduces evidence to prove a fact that defeats or mitigates criminal liability, even if the prosecution's claims are true.
self defense: The use of reasonable force to protect oneself or members of the family from bodily harm from the attack of an aggressor.
Excuse: A defense where the defendant admits what they did was wrong but claims that, under the circumstances, they were not responsible for their actions (e.g., duress, insanity).
Justification: A defense where the defendant admits responsibility for the act but claims that the act was necessary or right under the circumstances (e.g., self-defense).
Alibi: A claim or piece of evidence that one was elsewhere when an alleged act took place.
Duress: A defense claiming that the defendant was forced to commit a criminal act because of a threat of immediate death or serious bodily harm.
insanity: A legal defense asserting that a defendant is not responsible for their actions due to a mental disease or defect.
Murder: The unlawful killing of another human being with malice aforethought.
manslaughter: The unlawful killing of a human being without malice aforethought (either voluntary or involuntary).
Justifiable Homicide: A killing that is permitted by law (e.g., a police officer shooting a felon who poses a threat, or self-defense).
Strict liability offense: A crime that does not require mens rea (guilty mind); the mere commission of the act is sufficient for conviction.
Reasonableness Standard: The standard used to determine if a person's conduct was proper under the circumstances, often based on what a "reasonable person" would have done.
Retreat Rule: The requirement that a person must retreat from a situation if they can safely do so before using deadly force in self-defense.
Castle exception: An exception to the retreat rule, stating that a person does not have to retreat from their own home before using deadly force to repel an intruder.
Stand Your Ground: Laws that remove the duty to retreat, allowing a person to use deadly force in self-defense when they reasonably believe it is necessary to prevent death or great bodily harm.
Trayvon Martin / George Zimmerman: High-profile case components involving the killing of Trayvon Martin by George Zimmerman in Florida, sparking debate over "Stand Your Ground" laws and racial profiling.
Entrapment: A defense claiming that a law enforcement officer induced an otherwise innocent person to commit a crime.
Yoshi Hattori: A Japanese exchange student who was fatally shot in Baton Rouge, Louisiana in 1992 after mistakenly approaching a home, often cited in discussions of justifiable homicide and gun laws.
Victimology: The study of crime victims and the process of victimization.
Survivor Missions: Programs or initiatives focused on supporting victims of crime and guiding them through the justice process, often driven by the survivors themselves.
Restorative justice: A system of criminal justice that focuses on the rehabilitation of offenders through reconciliation with victims and the community at large.
Retributive Justice: A system of criminal justice based on the punishment of offenders rather than on rehabilitation.
Victim Bill of Rights: Legal rights afforded to victims of crime, which may vary by jurisdiction, typically including the right to be present, to be heard, and to be informed during criminal proceedings.
Authority: The legitimate power to enforce laws, demand obedience, make decisions, and command.
Power: The ability to influence others or control their actions.
Rule of Thumb: A general principle or guideline, not intended to be strictly accurate or reliable for every situation.
Standards of Proof: The degree of evidence required to establish that a fact is true in a legal proceeding.
Beyond a reasonable doubt: The highest standard of proof, required for conviction in criminal cases.
Preponderance of the Evidence: The standard of proof in most civil cases, meaning the evidence that is more convincing than the evidence offered in opposition (more than 50% certainty).
Clear and convincing evidence: A standard of proof intermediate between "preponderance of the evidence" and "beyond a reasonable doubt."
Reasonable suspicion: A standard of proof that is less than probable cause, needed for a legal stop and frisk.
Probable cause: A reasonable basis to believe that a crime has been committed, or that evidence of a crime is present; required for arrests and searches.
Arrest: To seize someone by legal authority and take them into custody.
Warrantless Arrest: An arrest made without a court-issued warrant, usually when a crime is committed in the presence of an officer or when there is probable cause and exigent circumstances.
Judicial Affirmation of Probable Cause: The legal requirement that a judge or magistrate review a warrantless arrest to ensure probable cause existed.
Search: Government exploration or examination of an individual's home, car, or person to discover evidence of a crime.
Warrantless Search: A search conducted without a warrant, justified by specific exceptions to the Fourth Amendment.
Search Incident to Lawful Arrest: A warrantless search of an arrested person and the area immediately surrounding them (in their immediate control) to ensure officer safety and prevent destruction of evidence.
Border Exception: The rule allowing government agents to conduct searches at international borders without a warrant or probable cause.
Plain View Exception: The rule permitting officers to seize evidence without a warrant if the item is clearly visible and the officers are lawfully in a position to see it.
Miranda Rights: The constitutional rights that a person must be informed of when they are taken into custody and subjected to questioning (e.g., right to remain silent, right to an attorney).
Exclusionary Rule: A rule stipulating that evidence obtained illegally (in violation of the Fourth Amendment) cannot be used in a criminal trial.
Fruit of the Poisonous Tree: An extension of the exclusionary rule, holding that evidence derived from illegally obtained evidence is also inadmissible.
Good Faith Exception: An exception to the exclusionary rule where evidence is admissible if officers acted on a search warrant they believed to be valid, even though it was later found to be defective.
Racial Profiling: The discriminatory practice by law enforcement of targeting individuals for suspicion of crime based on their race, ethnicity, religion, or national origin.
Fifth Amendment: Protects against self-incrimination (right to remain silent), double jeopardy, and guarantees due process of law.
Law of Interrogation: Rules governing the questioning of suspects by police, derived primarily from the Fifth and Sixth Amendments (Miranda Rights and right to counsel).
Fourth Amendment: Protects people from unreasonable searches and seizures and requires warrants to be judicially sanctioned and supported by probable cause.
Stop and Frisk: A brief detention and pat-down of a person by police when there is reasonable suspicion that the person is involved in criminal activity and may be armed.
Police Brutality: The use of excessive physical force, assault, or verbal abuse by police officers.
Police Corruption: Misconduct by police officers, including taking bribes, committing illegal acts, or using power for personal gain.
Grass Eaters: Police officers who accept payoffs and opportunities of corruption that are offered to them, but do not actively seek them out.
Man Eaters (Meat Eaters): Police officers who actively seek out corruption opportunities, such as soliciting bribes.
Rodney King: A Black man whose severe beating by Los Angeles police officers in 1991, captured on video, sparked national outrage and contributed to the 1992 Los Angeles riots.
Impact Techniques: Non-lethal methods and tools used by police to control a suspect, such as batons or less-lethal rounds.
When is Lethal Force justified?: Lethal force is justified when an officer has a reasonable belief that the suspect poses a significant threat of death or serious physical injury to the officer or others.
Fleeing Felon Doctrine: The now-limited rule (overturned by Tennessee v. Garner) that historically permitted police to use deadly force to prevent the escape of any felony suspect.
Rotten Apple Theory: The belief that police corruption is limited to a few individual officers (the "rotton apples") who must be removed, rather than being a systemic problem.
Working Personality of Police Officer: The psychological and sociological effects of police work on an officer's behavior and outlook, often characterized by isolation and cynicism.
Symbolic Assailants: People who, based on an officer's past experience and training, are perceived as potentially dangerous or troublesome.
Blue Curtain: A term referring to the secrecy and mutual support among police officers, which often includes maintaining silence about a colleague's errors or misconduct.
Code of Silence: The unwritten rule among police officers not to report colleagues' errors, misconduct, or crimes.
Paradox of coercive power: The idea that a police officer's coercive authority (the ability to use force) is most effective when it is least used.
War Model of Policing: An approach that views policing as a conflict or battle against crime, often characterized by aggressive, militaristic tactics.
Dirty Harry Problem: A moral dilemma faced by police officers who may feel tempted to use illegal or unethical means to achieve a morally desirable end (i.e., achieving justice).
Order maintenance: A police function that involves maintaining peace and order, handling minor disputes, and regulating non-criminal conflicts.
Service maintenance (Service): A police function that includes providing services to the public, such as assisting stranded motorists or conducting welfare checks.
Crime control: A police function focused on deterring crime, apprehending offenders, and investigating criminal acts.
Community Policing: A philosophy that promotes organizational strategies which support the systematic use of partnerships and problem-solving techniques to proactively address the immediate conditions that give rise to public safety issues.
Broken Windows Theory of crime: A theory suggesting that visible signs of crime, anti-social behavior, and civil disorder create an urban environment that encourages further serious crime and disorder.
War on Drugs: A campaign of prohibition and foreign military assistance, aimed at reducing the illegal drug trade in the United States and abroad.
War on Crime: A political slogan and series of government initiatives beginning in the 1960s aimed at combating crime through increased enforcement and punitive measures.
Prohibition: The action of forbidding something by law, especially the manufacture, storage, transportation, and sale of alcohol from 1920 to 1933 in the US.
Drugs-Crime Connection: The relationship between drug use/trafficking and criminal activity, which can include crimes committed to fund drug habits or violence related to drug markets.
Collateral Damage in the War on Drugs: The unintended negative consequences of the War on Drugs, such as mass incarceration, racial disparities, and civil asset forfeiture.
Ferguson: Michael Brown and Police Militarization: Case study referring to the killing of Michael Brown by police in Ferguson, Missouri, and the subsequent public debate about police use of force, racial tensions, and the militarization of police departments.
Broken Windows Policing: A policing strategy based on the Broken Windows Theory, which involves enforcing minor offenses to prevent more serious crimes.
“Tough on Crime”: A political stance advocating for stricter laws, longer sentences, and more aggressive policing tactics.
Terrorism: The unlawful use of violence and intimidation, especially against civilians, in the pursuit of political aims.
Tim McVeigh: The domestic terrorist responsible for the 1995 Oklahoma City Bombing.
Oklahoma City Bombing: The 1995 domestic terrorist attack on the Alfred P. Murrah Federal Building, carried out by Timothy McVeigh and Terry Nichols.
Al Qaeda: A militant Sunni Islamist multi-national organization founded in 1988 by Osama bin Laden.
Osama bin Laden: The founder and first leader of the Islamist militant organization Al Qaeda.
9/11: The series of four coordinated terrorist attacks by Al-Qaeda against the United States on September 11, 2001.
Blowback: Unintended, negative consequences of a foreign policy or military action.
Debating “war on terror”: The ongoing public and academic discussion regarding the effectiveness, legality, and ethics of the global campaign launched by the US government after 9/11.
Supreme Court: The highest judicial court in a country or state.
Earl Warren: The 14th Chief Justice of the United States (1953–1969), whose court oversaw major decisions expanding civil rights and criminal due process (the "Warren Court").
Thurgood Marshall: The first African-American Supreme Court Justice (1967–1991), known for his work as a lawyer in the Civil Rights Movement.
Sandra Day O’Connor: The first female Supreme Court Justice (1981–2006).
Rights de jure: Rights that exist by law, regardless of whether they are enforced or realized in practice.
Rights de facto: Rights that exist in reality and practice, even if they are not officially or legally recognized.
6th Amendment: Guarantees a citizen's right to a speedy trial, a fair jury, an attorney, and the chance to confront witnesses.
14th Amendment: Guarantees citizenship, due process of law, and equal protection under the law for all citizens.
Jury Selection (Voir Dire): The process of questioning potential jurors to determine their suitability for a trial.
Pretrial motions: Formal requests made to a court before a trial to rule on a specific issue.
Change of venue (Rodney King trial): A pretrial motion to move a trial from one location to another, usually to ensure a fair trial free from local prejudice.
Trial by jury: A legal proceeding in which a jury makes a decision or findings of fact.
Hung Jury: A judicial jury that cannot agree upon a verdict after extended deliberation.
Mistrial: A trial rendered invalid through an error in the proceedings (such as a hung jury or improper admission of evidence).
Grand Jury/Petit Jury: A Grand Jury determines if there is enough evidence to issue an indictment; a Petit Jury hears evidence and issues a verdict in a criminal or civil trial.
Five goals of sentencing/philosophies of punishment: The main objectives of the criminal justice system in applying punishment.
Retribution (Sentencing Goal): Punishment inflicted in return for a wrong committed; "an eye for an eye."
Incapacitation: Preventing future crime by physically restricting an offender's freedom, usually through imprisonment.
Deterrence: General and Specific: General deterrence aims to prevent the public from committing crimes; Specific deterrence aims to prevent a convicted offender from committing future crimes.
Rehabilitation: The aim of restoring an offender to a useful life through education, therapy, or vocational training.
Restitution: Compensation (usually money) paid by a criminal offender to the victim or community.
Range of Sentences: The minimum and maximum possible prison terms or other penalties for a specific crime.
Presentence Investigation Report: A document prepared by a probation officer that details a defendant's background, criminal history, and circumstances of the offense to help the judge determine an appropriate sentence.
Determinant sentencing: A sentence that is fixed by a statute for a particular crime.
Indeterminant Sentencing: A sentence that is stated as a range (e.g., 5 to 10 years), with the actual release date determined by a parole board.
Sentencing Disparities: Differences in the sentences imposed on people convicted of the same crime that cannot be explained by legitimate factors.
Mandatory Minimum: A sentence, created by a legislature, that requires a judge to sentence an offender to a minimum term of imprisonment.
Three Strikes Law: Laws that significantly increase the prison sentences of persons convicted of a third felony offense.
Sentencing Guidelines: A set of rules and principles established to ensure that sentences are fair and consistent, guiding judges in their sentencing decisions.
Capital Punishment: The legally authorized killing of someone as punishment for a crime (the death penalty).
Furman v. Georgia: A 1972 Supreme Court case that temporarily halted capital punishment in the US, finding that the death penalty as administered was arbitrary and therefore constituted cruel and unusual punishment.
Greggs v. Georgia: A 1976 Supreme Court case that reinstated the death penalty, provided it was imposed under a system that uses objective criteria to guide sentencing.
Bifurcated Trial: A two-part trial structure used in capital cases: one phase for determining guilt or innocence, and a separate second phase for determining the sentence (death or life imprisonment).
DNA: Deoxyribonucleic acid; used in the criminal justice system for identification and forensic analysis, often playing a role in exonerating the wrongly convicted.