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51 Cards in this Set
- Front
- Back
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substantive criminal law |
acts & omissions that constitute crimes as well as the complimentary punishments |
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criminal procedure |
law governing the various steps of a criminal proceeding |
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crime |
an act/ failure to act which is injurious to public welfare/violates law |
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three categories of crime: |
treason, felonies, misdemeanors |
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treason |
attempting to overthrow government |
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felonies |
serious offenses, punishable by death/ imprisonment |
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misdemeanors |
less serious, less than 1 year of jail |
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two elements of crime: |
criminal act (actus reus), state of mind (mens rea) |
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actus reus |
guilty act or deed of crime |
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mens rea |
guilty mind or criminal intent |
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strict liability crime |
consisting of only actus reus |
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commission |
voluntarily bodily movement |
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omission |
failure to perform act required by law |
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Subjective fault |
intention, knowledge, recklessness |
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Objective |
acts of carelessness |
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inchoate crimes |
prohibits conduct that prevents future crime (solicitation) |
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attempt |
person performs act related to a crime |
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solicitation |
when person w intent encourages another to commit crime |
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conspiracy |
persons w intent agrees w others to the commission of that offense |
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accomplice |
person who aids a crime |
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RICO |
Racketeer Influenced & Corrupt Organizations Act- enacted by congress to prevent/punish financial infiltration |
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wire fraud |
anything illegal done of electronic device |
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mail fraud |
crime committed through mail |
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prosecution |
a legal proceeding in which a person is charged w a crime and guilt or innocence is determined |
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extradition |
surrender by one state (or country) of an individual accused of a crime to another state or country having jurisdiction to try the offender |
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5th amendment |
prohibits depriving a person of "life, liberty, or property w/o due process of law" |
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14th amendment |
prohibits states from depriving a person of "life, liberty, or property w/o due process of law" |
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procedural due process |
notice/hearing |
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4th amendment |
prohibits unreasonable searches/ seizures |
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arrest warrant |
writ issued by a magistrate or other appropriate official authorizing the police to take a specific person into custody |
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search warrant |
issued by a magistrate or other appropriate official authorizing a search or to obtain specific items -justified by sworn statement of facts |
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exclusionary rule |
rule stating that evidence obtained in violation of 4th, 5th, 6th amendment must be excluded |
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booking |
an administrative procedure where suspects name, time of arrest, and alleged crime are written/ recorded in police records. |
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"miranda warning" |
states your right of 5th & 6th amendments while being arrested |
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bail |
security or obligation given by the accused or another to obtain the accused release from custody -person forfeits bail if they do not appear |
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preliminary hearing |
proceeding held before the magistrate to protect the accused from unwarranted arrest |
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grand jury |
group of citizens who decide wether the accused should stand trial -determines: probable cause |
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true bill |
majority vote (usually 12 people) |
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no bill |
jury finds no probable cause |
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indictment |
a written accusation setting forth facts and charging the accused of violation of specific statues -prepared by prosecutor -signed by foreman of grand jury/filed with court |
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information |
written accusations setting forth the facts & charging violation of the criminal statues -prepared by: prosecutor filed by: court |
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arraignment |
hearing before court at which the defendant is read indictment or information -"be informed of the nature/cause of the accusation" |
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bill of particulars |
a request for detailed info explaining the facts or the charges |
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plea |
guilty or not guilty |
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nolo contendere |
no contest (plea bargin) |
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guilty plea leads to... |
sentencing or set later hearing for setencing |
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not guilty plea leads to... |
set for trial |
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nolo contenders leads to... |
same as guilty plea (still sentenced) -usually a negotation |
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sixth amendment |
right to a speedy/public trial -does not apply to cases < 6 months imprisonment |
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writ of habeas corpus |
a post conviction remedy in criminal cases involving a judicial order to gov. official (such as a warden) requiring him/her to produce the prisoner in order to test the legality of the imprisonment |
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double jeopardy |
can't be tried for the same crime twice -federal/state gov. may charge you for same action |
