Terms in this set (57)
A major crime punishable by more than one year in prison
A crime of lesser gravity than a felony, punishable by a fine and/or imprisonment in a county jail
The state of mind that accompanies a criminal act. Also, a guilty mind.
3 mental states associated with crime: negligence (failure to foresee a negative outcome), recklessness (conscious disregard or indfference to a substancial risk), and intent (overt desire to commit a given act or obtain a criminal outcome).
A guilty (prohibited) act. The commission of a prohibited act is one of the two essential elements required for criminal liability, the other element being the intent to commit a crime.
State of Mind
Sense of Place, Mentality
A civil wrong that involves taking some purposeful action that the defendant knew, or should have known, would harm the person, property, or economic interests of the plaintiff
Acting or done quickly and without thought or care; impulsive
Person Crimes VS Property Crimes VS Public Order Crimes
Receipt of stolen good/Knowledge of Recipient
consists of receiving possession and control of "stolen" personal property known to have been obtained in a manner constituting a criminal offense by another person with the intent to permanently deprive the owner of his interest in it.
White Collar Crime
Crime committed by people of high social position in the course of their occupations
Corporations as Criminal Defendants
Justification and Defenses
A justification defense, defendants may justify their actions by saying they acted to defend themselves.To establish the necessary elements to constitute self-defense, the defendant must have acted under a reasonable belief that he was in danger of death or great harm and has no means of escape from the assailant.
Necessity/Choice of Evils
A legal status indicating that a person cannot be held responsible for his or her actions because of mental illness.
Mistake as to Fact
Affirmative Defense to prosecution that the defendant engaged in the conduct because he was compelled to, by threat of imminent death or serious bodily injury to himself or another felony offense.
a defense that claims the defendant would not have broken the law if not tricked into doing it by law enforcement officials
Statue of Limitations
State laws setting time limit for bringing a lawsuit.
Exemption from prosecution for a particular crime in return for testimony pertaining to the case.
Criminal Procedures and Constitutional Rights
Burden of Proof Beyond a Reasonable Doubt
Search and Seizure
Criminal law trial process
A hostile disagreement face-to-face
Right to Remain Silent
At any time prior to or during the interrogation, the detainee may indicate that he wishes to remain silent. Such indication must be explicit, unambiguous, and unequivocal.
Being tried twice for the same crime
Criminal activity done using computers and the Internet.
This includes anything from downloading illegal music files to stealing millions of dollars from online bank accounts,also includes non-monetary offenses, such as creating and distributing viruses on other computers or posting confidential business information on the Internet.
White Collar Crime
Anything that doesn't involve jail time as a possibility
If one of the penalties is POSSIBLE jail time.
constitutional laws will come into affect
Gives a definition, age limit, tax rate, etc.
Tells you the steps in order to convict someone lawfully
applies to everyone -Criminal law is this
Deals between the interactions of of private people.
Article VI Paragraph 2 of the U.S Constitution
all the states have agreed that federal law, is a higher level law
Basic concept is that higher level law will override a lower level law
federal law overrides state law- based on supremacy clause
Organization of Constitution
First Three Articles of the U.S Constitution
Bill of Rights
The first 10 Amendments
Write a Law
Enforce a Law
Interpret a Law
Idea that no one person, or branch of government should have all of the authority
Agreement between counties-International
President has the authority to enter; but senate has to approve the action
Law created by the Legislatures
Oregon Revised Statutes - written by oregon legislative
CFR (Code of Regulations)
written rules of an agency that are published. That deal with specifics of laws that agency is assigned to enforce.