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50 Cards in this Set
- Front
- Back
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What are the ABA elements of the rule of law?
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-Freedom from private lawlessness provided by the legal system of a politically organized society.
-A relatively high degree of objectivity in the formulation of legal norms and a like degree of the bounds of evenhandedness in their application -Legal ideals and juristic devices for the attainment of individual and group objectives within the bounds of ordered liberty. -substantive and procedural limitations on governmental power in the interest of the individual for the enforcement of which there are appropriate legal institutions and machinery. |
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What is criminal law?
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The body of rules and regulations that define and specify the nature of and punishments for offenses of a public nature or for wrongs committed against the state or society.
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What is civil law?
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Governs the relationship between parties--to enforce a right or gain a payment for a wrong.
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What is administrative law?
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Regulatory conduct of businesses and administrations.
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What is case law?
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A cumulative build up of all past judicial decisions, used to research past things for current cases/
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What is procedural law?
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Regulates how the procedings go in law.
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What are the elements of a legal crime?
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1) There must be an act or obmission
2) The act or omission must be in violation of a law forbidding or commanding it 3) There must be criminal intent or criminal negligence 4) There must be a union or joint operation of act or intent, or criminal negligence. (concurrence) 5) Punishment must be provided by law --there is no punishment without a law for it. |
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What are crimes of omission?
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1) Failure to remain at the scene of a vehicular accident in which a person was injured
2) Failure to aid an officer when requested to do so 3) Failure to report the death of a child 4) Failure to report the location of a human corpse. 5) Failure by a parent, or guardian to provide for a child in their care--when harm results 6) Homicide by omission 7) Failure to obey a proper and legal order of a court 8) Failure to submit to a breathalyzer test (or similar) when asked to do so 9) Failure to properly identify oneself and one's conduct when asked to do so by a cop |
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What are offenses against a person?
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Actions taken against a human being. EX: rape, murder, assault.
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What are offenses against a habitation?
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Offenses against someones place of living. EX: arson, burglary
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What are offenses against property?
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Actions against someone's belongings. Ex: auto theft, robbery, forgery, recieving stolen property
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What are offenses against morality and decency?
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Offenses against people's values and moral beliefs.--Ex: indecent exposure, streaking, voyerism.
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What are offenses against public peace?
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Disturbing the public in some way--Ex: MIP, PI, DUIs, fighting in public.
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What are offenses against the administration of government or sovereignty?
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Crimes against the government or nation- Ex: treason, tax ivasion, pergery.
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What is the definition of law?
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A rule of conduct, generally found enacted in the form of a statute, that proscribes or mandates certain forms of behavior.
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What is the definition of Statutory law?
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Written or codified law; the law on the books as enacted by a government body or agency having the power to make laws.
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What is the definition of Codification?
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The process in which laws are written down in an organized fashion.
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fusillade
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Continuous discharge of firearms or outburst of criticism
"the fusillade from the left bank caught their enemies by surprise" "a fusillade of insults" |
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What is the definition of common law?
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Law originating from usage and custom rather than from written statutes. The term refers to an unwritten body of judicial opinion, originally developed by English courts, that is based on nonstatutory customs, traditions, and precedents that help guide judicial decision making.
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What is the definition of Mala in se?
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Offenses that are evil in themselves--Ex: murder
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What is the definition of mala prohibita?
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Offenses prohibited by statute - non violent- Ex: Drugs, property crimes, theft.
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What is the definition of Jurisprudence?
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The philosophy of law, also the science and study of the law.
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What are the types of crime?
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1) Felonies
2) Misdemeanors 3) Offenses (small crimes- littering, j-walking) 4) Treason 5) Inchoate crimes (Intended but not completed) |
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What is the definition of mens rea?
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Intent
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What is the definition of actus rea?
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The guilty act
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What is the definition of concurrence?
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In order to prove offense must prove that the intent and guilty act occurred together.
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What are the only two aspects of the corpus delicti of a crime?
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1) That a certain result has been produced
2) That a person is criminally responsible for its production. |
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What are the defenses of criminal charges?
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1) Alibi
2) Justifications-- A legal defense in which the defendent admits to committing the act in question but claims it was necessary in order to avoid some greater evil--EX: Self defense, Defense of others. 3) Excuses- Ex: Duress,age, mistake, insanity 4) Procedural Defenses- official procedures were not followed-- Ex: entrappment, double jeapordy, police fraud. |
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What is the definition of reasonable force?
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A degree of force that is appropriate in a given situation and is not excessive. Also the minimum degree of force necessary to protect oneself, one's property, a third party, or the property of another in the face of a threat.
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What is the definition of the Alter-ego rule?
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In some jurisdictions, a rule of law that holds that a person can only defend a third party under circumstances and only to the degree that the third party could legally act on his or her own behalf.
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What is the definition of the McNaghten rule?
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A rule for determining insanity, which asks whether the defendant they knew what he or she was doing was wrong.
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What is the definition of diminished capacity?
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A defense based on claims of a mental condition that may be insufficient to exonerate the defendant of guilt but that may be relevant to specific mental elements of certain crimes or degrees of crime.
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What is the definition of incompetent to stand trial?
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In criminal proceedings, a finding by a court that, as a result of mental illness, defect, or disability, a defendant is incapable of understanding the nature of the charges and proceedings against him or her, of consulting with an attorney, and of aiding in his or her own defense.
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What is the best known of the justifications?
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Self defense.
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What is the definition of self defense?
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The protection of oneself or one's property from unlawful injury or from the immediate risk of unlawful injury. Also the justification that the person who committed an act that would otherwise constitute an offense reasonably believed that the act was necessary to protect self or property from immediate danger.
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What is the definition of Entrapment?
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An improper or illegal inducement to crime by agents of law enforcement. Also a defense that may be raised when such inducements have occurred.
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What are the two types of entrapment?
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-When an officer enduces you to do an illegal act
-When officers convince the defendant that the law-violating behavior they committed was not a crime. |
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What is the definition of a Cultural defense?
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A defense to a criminal charge in which the defendant's culture is taken into account in judging his or her culpability.
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Who were the first police and what were their duties?
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Constables-- Their duties were to protect general welfare of the community-more of posses- uniformed etc.
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What was the background of detectives-1800’s?
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-Limited duties, general welfare, their and victim negotiation, supplemental income.
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What was the bureaucratization of police departments-1800’s like?
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-Lots of police corruption- led to military style of modern police departments.
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Who were the Bow Street Runners?
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An early english police unit formed under the leadership of Henry Fielding, magistrate of the Bow Street region of London.
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What is the definition of Vigilantism?
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The act of taking the law into one's own hands.
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What sort of jurisdictional authority does the FBI have?
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Has broad powers over 250 crimes- Shares jurisdiction with the DEA over offenses, Is in charge of terrorism post 9/11
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What kind of jurisdictional authority does the US postal service have?
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-Enforce laws pertaining to the mail, provide sercurity for postal employees and their facilities.
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What kind of jurisdictional authority does the IRS have?
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-They investigate tax fraud.
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What kind of jurisdictional authority does the US secret service have?
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-They protect the president, vp, former presidents, presidential candidates, visiting heads of state, enforce counterfeiting and computer fraud laws, provide security at treasury buildings.
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What kind of jurisdictional authority does the ATF have?
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They investigate firearms offenses and enforce federal alcohol and tobacco laws.
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What kind of jurisdictional authority does the Federal Marshall Service have?
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They provide security in federal court; transport federal prisoners, manage witness protection, serve fugitive warrents, and escort missle convoys.
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What kind of jurisdictional authority does the DEA have?
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They enforce federal drugs laws in cooperation with other federal, state, local, and international agencies; and manage narcotics intelligence.
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