Criminal Law and Procedure - Exam 1 Vocabs
Vocabulary words for Criminal Law and Procedure. Exam 1
Terms in this set (30)
A criminal act.
Law created through court decisions; judge-made law.
A wrong or a criminal act that is defined as wrong based on the current morals/standards of society; these acts can be redefined as "not wrong" as society changes.
Criminal offense for which the defendant can be punished by a fine or imprisonment of less than a year.
Serious crime for which the defendant can be punished by imprisonment for more than one year; the most serious crimes subject the defendant to capital punishment (the death penalty).
Defines crimes and governs the enforcement of punishment; the government is the "plaintiff" in every case.
Mala in se
A crime that is defined by society to be inherently wrong or against human nature.
A written law passed by Congress or a state legislature.
Provides remedies for private parties suffering from injury because of another person or party's actions (or lack of action).
Indecent public exhibition of sexually explicit behavior.
Traditionally defined as a crime that is offense against public decency or morality.
The measure or concentration of ethyl alcohol in the blood of a person who has ingested wine, beer, or liquor.
Schedule I Substances
Chemicals or drugs regulated by the Controlled Substances Act that are unsafe even for medical use because of the potential for addiction.
Implied Consent Statue
Requires that any licensed driver driving on a public roadway consent to have his/her BAC measured if arrested for any traffic offense; refusal to submit to testing results in immediate surrender of driver's license for up to one year.
The willful exposure of one's own genitals to another under offensive circumstances.
Schedule II Substances
Chemicals or drugs regulated by the Controlled Substances Act that are deemed to have the potential for addiction by which may be medically acceptable under certain circumstances
Agency within the Department of Justice which was created by President Nixon in 1973 to concentrate on drug enforcement on the federal level.
The required penalty for a criminal act dictated by statue which cannot be plea-bargained away by the attorneys in the case or even reduced by the sentencing judge; intended to deter certain kinds of criminal behavior by clarifying the severity of punishment for certain criminal acts.
A system recently created to help those who have committed crimes because of drug or alcohol addiction: prosecutors, defense attorneys, judges, and other professionals monitor the defendant rather than sentence him/her to jail with the intention of rehabilitation and the avoidance of recidivism.
The name for the general set of defenses where the defendant admits to committing the criminal offense, but proves other facts which justify or excuse his behavior under the law.
Defense where the defendant proves she did not commit the crime she is accused of because she was somewhere else when the crime occurred.
Requires the defendant to prove that either he did not know the nature and quality of the criminal act he committed, or if he did know the nature and quality of the act committed, he did not know that the act itself was wrong.
Irresistible Impulse Test
Requires the defendant to prove that, while the defendant may have know that the action he committed was wrong at the time he committed it, he could not stop himself from doing it. (Ex. Finds wife in bed with another man, conveniently located gun, shoots them.)
Defendant must prove that she was charged with a crime because she was singled out unfairly by police in order to prove this defense. (Ex. racism, sexism, ect.)
A defense permitted when one of the elements of the crime charged requires the victim to be unwilling. (Consent can NOT be given after the crime has been committed.)
Based upon the 5th Amendment, guarantees that a defendant cannot be tried twice for the same crime.
Statue of Limitations
The time period within which the government must bring a case against a criminal defendant. (Does NOT exist with murder.)
Defense which requires the defendant to prove that the police or other government agent persuaded the defendant to commit a crime he would not have committed on his own.
A defense which protects an individual from being prosecuted even though she admits to committing a crime: often this defense is offered by the government in exchange for testimony which will help incriminate another more dangerous criminal.
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