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34 terms

Criminal law and Procedure chapter 9

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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