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Terms in this set (60)
The requirement that crimes needing more than one person for commission, such as bigamy, require three or more people for a conspiracy conviction.
An agreement between two or more persons to engage in unlawful acts. Requires an overt act
Acts that are a substantial step toward the commission of a crime that is not yet completed.
The insanity defense rule requiring proof that because of mental disease or defect defendants did not know the scope or character of their actions.
Substantial Capacity test
Used to determine criminal responsibility based on whether the defendant could 1. distinguish between right or wrong or 2. conform his or her conduct of the requirements of law.
An accused person is not criminally responsible if his unlawful act was the product of mental disease or defect. Established a test for insanity based on substantial lack of mental capacity.
The doctrine permitting people who have been assaulted in their homes by a trespasser to stand their ground and use such force as is necessary and reasonable to defend themselves.
make my day rules
Rules adopted by some states that put no limits on the use of deadly force by the occupant of a dwelling in response to a trespasser.
deadly force to protect property
A person cannot use deadly force to protect property, and this applies whether the owner is present or uses a remote-control device, such as a spring gun, that is triggered by opening a door or attaching a spring to property.
The elements to evaluate whether an act of this type of force are justified include, 1. Unlawfulness of the others action, 2. The necessity to defend oneself immediately and 3. the reasonableness of the act under the circumstances.
defense of another
The elements to evaluate whether an act of this type of force are justified include, 1. unlawfulness of the action toward the other, 2. the necessity to defend the other immediately, and 3. the reasonableness of the act under the circumstances.
Use of deadly force
Only should be used if such force is necessary to prevent imminent death or great bodily harm to themselves or others. May also be used to prevent the escape of a suspect in serious, violent felony arrests.
In loco parentis
(In place of the parents) Any person taking the place of the parents has the duties and responsibilities of the parents and may reasonably discipline a child in his or her care. Includes legal guardians, foster parents, and public school teachers.
A defense to a criminal charge in which the defendant generally admits doing the criminal acts but claims a defense such as duress (he or she was forced) or entrapment.
An exemption from criminal prosecution based on the U.S. Constitution, statutes, or international agreements. Might also grant someone this exemption if they refuse to talk.
A defense to criminal prosecution on the grounds that the defendant was forced to commit the criminal act.
Total or full immunity for the criminal offense to which compelled testimony relates.
Prohibits prosecutorial authorities from using the compelled testimony in a criminal prosecution, but does not make the witness totally immune from prosecution based on evidence other than the witness's testimony and not derived from that testimony.
Mistake or Ignorance of Fact as a Defense
Common law rules that an honest mistake or ignorance of fact is a defense if it negates the mens rea. Strict Liability crimes rules that the defense of mistake can't be used and does not require proof of any mental fault. Criminal law says that "ignorantia legis neminem" (ignorance of the law is no excuse).
A defense to criminal prosecution on the grounds that the harm to be avoided outweighed the harm caused by the crime committed. Will not justify taking another person's life.
The defense that a law enforcement officer used excessive temptation or urging to wrongfully induce the defendants to commit a crime they would not have ordinarily committed.
A defense, stated in the Fifth Amendment, to prosecution on the grounds that the defendant has been tried before on the same charge, and acquitted.
The doctrine that prevents a second determination of a charge or issue once it has been judicially determined in a case involving the same parties. Civil or Criminal
Laws or statutes that apply to all people within a state or a nation. (Criminal Laws in England and U.S)
Between private parties, doesn't involve the community
The sociological and psychological study of the causes, development, and control of crime, as well as the conditions under which criminal law developed
Private wrong against an individual, or a non contractual civil wrong
A discretionary writ issued by the court to review the decision of a lower court
A crime committed which time served in prison is one year or more
An infraction of the law which requires less than one year of imprisonment
Nulla poena sine lege
No act should be made criminal or punished without advanced warning in the form of legislative act (No punishment without law)
Ex post Facto Laws
Criminal Law made retroactive to punish prior conduct not criminal when done. Prohibited by Article I Sections IX, X. (After the fact)
Bill of Attainder
Legislative act that inflicts punishment without trial. Prohibited by Article I Sections IX, X.
Criminal Laws that punish a status, such as drug addiction, with no act requirement. Cruel and unusual punishment, violates the 8th and 14th amendments.
The criminal act
The criminal intent or state of mind
The physical act or omission, and a mental requirement known as intent or purpose
Model Penal Code
Proposed criminal law developed by the American Law institute, a group of lawyers, judges, and teachers. Used by states in drafting there own criminal codes.
The mental purpose or design to commit a specific act
The cause or reason why the act is committed or not
Strict Liability Crime
A crime that does not require proof of the mental element essential to true crimes. (Statutory Rape)
Year and a day rule
A defendant could not be convicted of a murder if the victim did not die within a year and a day. Rule serves no purpose today
No cruel and unusual punishment
Search and seizure, warrant clause, particular clause, reasonableness clause
The rule followed in federal courts that one conspirator is liable for crimes committed by another conspirator, if foreseeable and done in furtherance of the conspiracy
One who aids another in the commission of a crime
Parties to crime
All people who knowingly are involved in or connected with the commission of a crime either or before or during its commission. Accessory's before or after
Aider and abettor
One who provides help to the person who commits a crime, either or after the crime is committed.
Crimes that are committed before or in preparation for committing another crime
Attempting to get another to commit a crime
even if the conspiracy is abandoned or someone withdrawal the crime is none the less complete. If this occurs, the crime must not happen
Infancy Criminal responsibility
Children between the age of 7 and 14 are presumed to be without criminal capacity to commit a crime
Tests to determine legal and moral liability
Right and wrong test
An insanity test that claims that defendants are not legally responsible for their acts if, due to a defect of the mind, at the time of the crime they were unable to understand the difference between right and wrong
Insane at time
If the defendant is found insane at the time the crime occured a judgement by not guilty for reason of insanity is them entered by the court, and the defendant may never again be tried for that offense
Diminished Capacity defense
A defense for criminal responsibility based on the fact that because of mental or emotional conditions, the defendant did not possess the required mens rea for conviction of crime charged
A rule of law that the trier of fact shall assume the existence of a state of facts without evidence being produced, rebudable or irrebudable
Control of property and objects that the defendant does not have in actual possession. Drugs in a car two blocks away.
Due process clause, equal protection, government cant make laws that breach rights
A conclusion or deduction that a jury or judge may draw from the fact or a group of facts presented to them
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