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23 Cards in this Set

  • Front
  • Back
ACQUIT
To find the defendant not guilty of the crime for which he was tried.
ACTUS REUS
The guilty act. The prosecution must show that a criminal defendant committed some proscribed act. In a murder prosecution, taking another person's life is the actus reus.
AFFIDAVIT
A written statement signed under oath.
AGENT
A person who acts for a principal.
ARSON
Malicious use of fire or explosives to damage or destroy real estate or personal property.
DETERRENCE
Using punishment, such as imprisonment, to discourage criminal behavior.
DURESS
1.A criminal defense in which the defendant shows that she committed the wrongful act because a third person threatened her with imminent physical harm.
2.An improper threat made to force another party to enter into a contract.
EMBEZZLEMENT
Fraudulent conversion of property already in the defendant's possession.
ENTRAPMENT
A criminal defense in which the defendant demonstrates that the government induced him to break the law.
EXCLUSIONARY RULE
In a criminal trial, a ban on the use of evidence obtained in violation of the Constitution.
FELONY
The most serious crimes, typically those for which the defendant could be imprisoned for more than a year.
GENERAL DETERRANCE
Using punishment, such as imprisonment, to discourage criminal behavior.
INDICTMENT
The government's formal charge that a defendant has committed a crime.
JUSTIFICATION
A criminal defense in which the defendant establishes that he broke the law to avoid a greater harm.
LARCENY
Taking personal property with the intention of preventing the owner from ever using it.
MENS REA
Guilty state of mind.
MISDEMEANOR
A less serious crime, typically one for which the maximum penalty is incarceration for less than a year, often in a jail, as opposed to a prison.
MONEY LAUNDERING
Taking the profits of criminal acts and either (1) using the money to promote more crime or (2) attempting to conceal the money's source.
MOTION TO SUPPRESS
A request that the court exclude evidence because it was obtained in violation of the Constitution.
PROBABLE CAUSE
In a search and seizure case, it means that the information available indicates that it is more likely than not that a search will uncover particular criminal evidence.
PROSECUTION
The government's attempt to convict a defendant of a crime by charging him, trying the case, and forcing him to defend himself.
RETRIBUTION
Giving a criminal defendant the punishment he deserves.
SPECIFIC DETERRANCE
Using punishment, such as imprisonment, to discourage criminal behavior.