Criminal law and Procedure chapter 9

Created by dhazlett 

Upgrade to
remove ads

Nolo contendere

I do not wish to contend

Preliminary hearing

a hearing to determine if there is probable cause to formally accuse a person of a crime. Judge will concluded either sufficient, or insufficient

Probable Cause

a reasonable amount of suspicion supported by circumstances sufficiently strong to justify a prudent and cautious person's belief that certain alleged factors are probably true (eg search warrant, an arrest)

Prosecution

a criminal action brought by the government

Robbery

The felonious taking of money or anything of value from the person of another or from his presence, against his will, by force or by putting him in fear (compare larceny)

Rape

Sexual intercourse by force or by putting fear or circumstances in which she is unable to control her conduct (eg intoxicated, unconscious)

First degree murder

The intentional and premeditated killing of a human

Murder

Killing of a human

Motive

The reason that leads the mind to desire a result; that which leads the mind to engage in criminal act, cause of mind to form criminal intent

Misdemeanor

A crime not amounting to a felony

Miranda rule

The 5th amend and the 14th amend to the constitution requires that before a suspect who is in custody may be questioned, she must be informed that she as the right to remain silent and that anything she says can and will be used against her in the court of law, and have a an attorney present while questioning

Manslaughter

The killing of a human without premeditation or malice and without excuse or justification. Voluntary occurs when a homicide is intentional but the result of sudden passion or great provocation, Involuntary is an unintended killing in the course of doing an unlawful act not amounting to a felony or while doing lawful act in reckless manner

Malice

State of mind that causes the intentional doing of a wrongful act without legal excuse or justification; a condition of mind prompting a person to the commission of a dangerous or deadly act in deliberate disregard of the loves or safety of others-murder above plus intent to do the deceased great bodily harm- in law defimamation to be actionable, malice must be actual or express malice

Larceny

The crime of taking personal property without consent, to use it without owner, not by force

Indictment

A charge made by writing by a grand jury, based upon evidence presented to it, accusing a person of having committed a criminal act generally a felony it is a function of the prosecution to bring a case before a GRAND JURY

Felony

A general term for more serious crimes (eg murder, robbery, larceny) as distinguished from lesser offenses (aka misdemeanors)

Grand Jury

A body whose # varies w/ the jurisdiction never less than 6 or more than 23 whose duty is to determine if probable cause exists.

Forgery

The false making material alteration or uttering, w/ intent to defraud or injure, of any writing that if not genuine, might appear to be legally effective or the bases of legal liability

Extortion

The criminal offense of obtaining money or other things of value by duress, threat of force, fear, or under color of office

Embezzlement

The fraudulent conversion of property including but not limited to money with which a person has been entrusted (eg employee, bailee)

Double jeopardy

A rule originated by the 5th amend the prohibits a second punishment or trial for the same offense

Cruel and unusual punishment

Form of punishment for a crime prohibited by the 8th amendment (capital punishment is not)

Critical stage

The point in a criminal proceeding at which a defendant's constitutional right to counsel is violated unless she has counsel or has been advised

Crime

an offense against the authority of the state, a public wrong as distinguished from a private wrong, an act in violation of the penal code.

Conspiracy

An agreement between 2 or more persons to engage in a criminal act or to accomplish legal objective by criminal or unlawful means

Burglary

At common law the offense of breaking and entering a dwelling w/ the intent to commit a felony

Battery

The un-consented to touching or striking of one person by another or by an object put in motion by him with the intention of doing harm or giving offense (both crime and a tort)

Attempt

An act done w/ the intent to commit a crime which would resulted in the crime being done but something stopped it

Assault

An act of force or threat of force intended to inflict harm upon a person or to put the person in fear that such harm is intent

Arson

The willful and malicious burning of a building, in some jurisdictions the act of burning any structure

Arraignment

The act of brining an accused before a court to answer a criminal charge made against him enter a plea guilty or not

Arrest

Detention of a person on a criminal charge (also w/ or w/out taking into custody)

Stipulation (Stip)

Condition, contract, instruction

Second degree murder

Homicide that resulsts in delibertly doing a dangerous deadly act for disregard of the safety of others

Please allow access to your computer’s microphone to use Voice Recording.

Having trouble? Click here for help.

We can’t access your microphone!

Click the icon above to update your browser permissions above and try again

Example:

Reload the page to try again!

Reload

Press Cmd-0 to reset your zoom

Press Ctrl-0 to reset your zoom

It looks like your browser might be zoomed in or out. Your browser needs to be zoomed to a normal size to record audio.

Please upgrade Flash or install Chrome
to use Voice Recording.

For more help, see our troubleshooting page.

Your microphone is muted

For help fixing this issue, see this FAQ.

Star this term

You can study starred terms together

NEW! Voice Recording

Create Set