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a crime that involves conduct which is wrong because the legislature says its wrong (fishing without a license, burning trash within city limits, etc.)
Malum In Se
Latin for "wrong in itself;" describes conduct that is inherently wrong, in and of itself, regardless of the law
Latin for "guilty act" The wrongful deed that comprises the physical components of a crime and that generally must be coupled with Mens Rea to establish criminal liability
Latin for "Guilty Mind" The state of mind that prosecution, to secure a conviction, must prove that a defendant had when committing a crime; criminal intent or recklessness
The body of law defining offenses against the community at large, regulating how suspects are investigated, charged, and tried, and establishing punishments for convicted offenders
A crime that is less serious than a felony and is punishable by fine, penalty, forfeiture, or confinement in a place other than prison, like county jail
Intent to commit an evil act in violation of a statute, also known as criminal intent
recklessly acting without reasonable caution and putting another person at risk of injury or death (or failing to do something with the same consequences)
the intent to perform an act even though the actor does not desire the consequences that result.
no intent / strict liability
liability without fault, or in the absence of mens rea; it's based on voluntary action alone
Principal in the First Degree
parties who actually take part in a criminal act, could also be someone who actively possess mens rea but convinces another to perform the act; coercement, trickery, or threats
Principal in the Second Degree
persons who actually assist in the physical commission of a crime or person whose conduct enables another to commit a crime. Ex: someone makes deliveries for a dealer of drugs, even though he may not obtain, sell or use the drugs he is still enabling the crime
Accessory before the Fact
a person who orders a crime or helps the principal commit the crime but who is not present during the crime
Accessory after the Fact
someone who, knowing a crime has been committed helps conceal the crime or the criminal
to stand by that which was decided; rule by which courts decide new cases based on how they decided similar cases before
a clause in the U.S. constitution stating that the constitution, federal laws, and treaties are the supreme law of the land; Article VI, Section 2
a clause in the U.S. constitution giving the federal government the right to regulate interstate commerce; Article I, Section 8, Clause 3
the power of a government to enforce laws and regulate the health, safety, and welfare of the population
conduct by one who, under the circumstances, is considered to be innocent of otherwise criminal behavior
conduct by one who, under the color of authority, is considered to be innocent of otherwise criminal behavior
the process by which Congress may charge a sitting judge, President, or Vice-President with "high crimes and misdemeanors" and convict them in a trial before Senate. A conviction will result in removal from office.
occurs when only one court has the authority to hear a case; the federal courts have exclusive jurisdiction over patent cases, federal crimes, federal bankruptcy cases, and most admiralty cases.
occurs when two or more courts have the authority to hear a case; there are times when the federal courts can have concurrent jurisdiction with state courts
Legal doctrine that allows a person to be prosecuted by different governmental entities for the same action or set of actions; most commonly occurs in prosecution by both federal and state governments for the same action
The concept that some actions are so likely to cause a specific result that the law treats that result as intended, whether the person menat to cause it or not.
A necessary element to prove in some crimes where the offender knew a certain fact or understood the law being broken.
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