Alexis Clayton

Front 1

Homicide

Back 1

one human killing another

Front 2

Murder

Back 2

killing a person with malice force

four categories: first degree second degree murder and voluntary and involuntary manslaughter

Front 3

1 st degree murder

Back 3

have all three elements: premeditation, carry out the plan, and person planned actually gets killed

Front 4

2nd degree murder

Back 4

have two elements: do not plan it but intend to kill a person

Front 5

involuntary manslaughter

Back 5

reckless or negligent activity

ex: drunk driving or driving 80 in a 20 mph zone and killing someone

Front 6

voluntary manslaughter

Back 6

heat of passion: must be provoked to a point of great anger or rage

Front 7

tort

Back 7

private wrong for which you can see the party who wronged you and recover money

civil court not criminal court (noncriminal wrongs)

Front 8

subjective opinion

Back 8

one person opinion , It can be based on fact, but it is one person's interpretation of that fact.

Front 9

objective opinion

Back 9

not influenced by personal feelings, interpretation, or prejudice: based on facts, unbiased

Front 10

substantive criminal law

Back 10

defines right and duties, such a crimes and punishments in the criminal law and civil rights and responsibilities in civil law

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in camera

Back 11

in private; court cases where the public and press are not allowed to observe the procedure or process

Front 12

Set forth the parts of the brief and what each part contains:

Back 12

1)title and citation-title of overall brief

2)type of action-civil or criminal case

3)facts of the case-revelant case

4)contentions of the parties-both sides

5)issues- legal concepts

6)court decision- answer with yes or no

7)rational-how court came to decision

8)rule of law - conclusion of brief ho law is applie

Front 13

robbery

Back 13

-offender took the money or property from the victim or from the custody of the victim

-force, violence, assault or putting in fear of violence was used in the course of the taking

-taking was intent to permanently deprive the victim of his or her right to property or benefits

Front 14

battery

Back 14

-offender actually and intentionally touched or struck the victim against the victim will

-offender intentionally caused bodily harm to the victim

Front 15

aggregated battery

Back 15

-offender intentionally touched or struck the victim against his/her will or caused bodily harm to the victim

-the offender in committing the battery: intentionally or knowigly caused great bodily harm, permanent disability, used deadly weapon, know or should have known that the victim was pregnant

Front 16

assault

Back 16

-harmful or offensive contact with a person

-offender appeared to have the ability to carry out the threat, threatened by word or act to do violence to the victim

Front 17

aggregated robbery

Back 17

-robber was armed with a deadly weapon, had a accomplice, or actually inflicted serious bodily harm on the victim

-not only theft but injures the victim

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aggregated assault

Back 18

-offender intentionally threatened , either by word or act to do violence to the victim

-appeared to have the ability to carry out the threat

-offender created int he mind of the victim a well-founders fear that the violence was about to take place and assault made with a deadly weapon without intent to kill

Front 19

scienter

Back 19

intent or knowledge of wrongdoing. offending party has knowledge of the wrongness of an act or event prior to committing it

Front 20

fratricide

Back 20

killing of ones brother or sister

Front 21

purposefully

Back 21

model penal code( 4 mental states)

person acts purposely with respect to a material element of an offense when 1) element involves the nature of his conduct or a result there of mental attitude that a person acts w respect to a material element

Front 22

mala prohibitum

Back 22

are crimes only because a specific statute or ordinance prohibits them. include minor offenses such as parking illegally, drinking in public, no criminal intent only a voluntary act

Front 23

mala en se

Back 23

crimes require some level of criminal intent. inherently evil

Front 24

retail theft

Back 24

the offender did the following took possession or carried away merchandise

alterred or removed a label

transferred merchandise from one to another

removed a shopping chart

the offender intended to deprive the merchant of the possesion, benefit or

Front 25

sedition

Back 25

conductor or speech inciting people to rebel against the authority of a state or monarch, writings, and agreement. overthrow the government by violence

Front 26

mens rea

Back 26

purposely or knowingly (guilty mind)

Front 27

actus reus

Back 27

provide material support or conceal or disguise the nature, location, source or ownership (guilty act)

Front 28

concurrence

Back 28

actus reus and mens rea results in a crime

Front 29

jail

Back 29

less than a year

committed a misdeameanor punishable by a fine and or jail

Front 30

prison

Back 30

more than a year

committed a felony

Front 31

first 10 amendments to the constitution are called

Back 31

bill of rights

Front 32

2 amendment

Back 32

right to own and maintain a gun

Front 33

4 th amendment

Back 33

prohibits unlawful search and seizure

Front 34

5 th amendment

Back 34

right to remain silent

Front 35

6 th amendment

Back 35

guarentees right to a attorney

Front 36

8 th amendment

Back 36

prohibits cruel punishment and no excessive bail

Front 37

14 th amendment

Back 37

guarantees due process to all people and equal protection

Front 38

verdict

Back 38

a decision on a disputed issue in a civil or criminal care or an inquest

Front 39

JNOV

Back 39

JUDGEMENT NOTWITHSTANDING THE VERDICT

type of judgement as a matter of law that is ordered at the conclusion of a jury trial

Front 40

stalking

Back 40

continous patter of activity tat harasses someone

- must prove willfully, maliciously, and repeatedly followed and harassed or cyber stalked the victim to achieve a conviction

Front 41

home invasion robbery

Front 42

open house party

Front 43

aggregated stalking

Front 44

5 affirmative defenses

Back 44

self defense, stand your ground, castle defense, choice of necessity, entrapment

Front 45

type of speech not protected

Back 45

sedition (speech to immediate violence)

Front 46

carjacking

Back 46

the forceful taking of someone vehicle while your in it with no intention of returning it

Front 47

obstruction of justice

Back 47

a person interfere with a official criminal investigation

Front 48

NOV

Back 48

judgment notwithstanding the verdict

Front 49

ENTRAPMENT

Back 49

when a law enforcement officer uses undue persuasion or fraudulent means to induce a person to commit a crime that he or she would have otherwise committed: can be used as a legal defense

Front 50

stand your ground

Back 50

do not have to retreat

Front 51

self defense

Back 51

- the justified use of force that is necessary to protect oneself or the defense of others

Front 52

transfered intent

Back 52

the intent that is present when an intentional act harms an unintended second victim

Front 53

felony murder rule

Back 53

during a combustion of a serious felony if the felony is the cause of death everyone included in the crime is responsible

Front 54

arrest

Back 54

to deprive a person of his or her liberty by legal authority

Front 55

warrant

Back 55

for search or arrest must be signed by a judge or maggots of component jurisdiction

Front 56

BOLO

Back 56

be on the lookout

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proximate cause

Back 57

the direct cause of the death or damage

Front 58

corpus delecti

Back 58

body of evidence (physical and direct evidence)

Front 59

accessory

Back 59

a person who aids or contributes in committing or concealing a crime

Front 60

administrative law

Back 60

the body of the law that allows for the creation of public regulatory agencies

Front 61

admissibility of evidence

Back 61

the legal requirements that must be met before a jury is allowed to see or hear evidence

Front 62

alibi

Back 62

a suspect or defendants claim that he to she was not present when the alleged act is committed

Front 63

arrest warrant

Back 63

a court order authorized law enforcement to take the individual named on the warrant into custody to answer the charges specified by the warrant

Front 64

attempt

Back 64

an offense when a person did some act toward committing a crime that went beyond thinking or talking about it

Front 65

breach of duty

Back 65

an unreasonable failure of the defendant to act in the duty he or she was obligated to perform

Front 66

carroll doctrine

Back 66

principle that an officer may search a vehicle or other mobile conveyance without a warrant if there is probably cause to believe that the vehicle contains contraband or evidence of criminal activity

Front 67

case law

Back 67

the body that is formed by the decisions of the court system

Front 68

child abuse

Back 68

intentional infliction of physical or mental injury upon a child

Front 69

circumstantial or indirect evidence

Back 69

evidence that requires an inference or presumption to establish a fact

Front 70

civil law

Back 70

area of law that pertains to the legal action that a person takes to resolve a private dispute with another person

Front 71

civil liability

Back 71

responsibility for a wrongful act or an omission that injures a person or property

Front 72

color of law

Back 72

when a officer acts or purports to act in the performance of official duties under any law, ordinance or regulation

Front 73

compensatory damages

Back 73

court awards designed to compensate for the actual property damage, harm, or injury the plaintiff suffers

Front 74

consensual encounter

Back 74

when a officer comes into a voluntary contact with a citizen under circumstances in which a reasonable person would feel free to disregard he police and go about his or her business

Front 75

consent

Back 75

intelligent, knowing, and voluntary contact with a citizen under circumstances in which a reasonable person would feel free to disregard the police and go about his or her business

Front 76

conspiracy

Back 76

situation in which the offender agrees, conspired, combined, or confederated with the persons alleged to cause a crime to be committed

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contraband

Back 77

anything that is illegal to possess

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conveyance

Back 78

a motor vehicle, vessel, ship, aircraft, railroad vehicle or car trailer or sleeping car

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crime

Back 79

an act that the law makes punishable

Front 80

criminal law

Back 80

part of statutory law that defines unacceptable behaviors and government prosecution of those who commit them

Front 81

criminal liability

Back 81

liability when an officer is fond guilty of committing a crime and is sentenced to incarceration or other penalties

Front 82

criminal negligence

Back 82

an act that imposes criminal liability and that occurs when a person did not intend for a behavior to cause the resulting harm

Front 83

culpable negligence

Back 83

consciously doing an act that the person knew or should have known was likely to cause death or get bodily injury

Front 84

curtilage

Back 84

the enclosed place of ground and the outbuilding immediately surrounding a structure

Front 85

custody

Back 85

the suspect is deprived of freedom in a significant way

Front 86

cyber stalk

Back 86

to communicate or cause to be communicated, words, images or language by the use of electronic mail or electronic communication to a specific person causing substantial emotional distress to that person and serving no legitimate purpose

Front 87

deadly force

Back 87

any force that is likely to cause great body harm or death.

Front 88

direct defense

Back 88

evidence which proves a fact without an inferno or presumption and which if true conclusively establishes that fact

Front 89

direct liability

Back 89

liability which arises in cases in which the officer committed an intentional or negligent tort in violation of the employing agency's orders or policies

Front 90

documentary evidence

Back 90

anything written or printed which is offered to prove or disprove facts pertaining to a case in court

Front 91

domestic violence

Back 91

no a specific crime but actions that include any assault, aggregated assault, battery, aggregated battery, sexual assault, sexual battery, stalking aggregated stalking, kidnapping, false imprisonment or any criminal offense resulting in physical injury or death of one family or household member by another

Front 92

due process clause

Back 92

part of the fourteenth amendment that expands the restrictions to the bill of rights

Front 93

duress or coercion

Back 93

defense that requires the person committing the act to reasonably believe that the only way to avoid death or great bodily harm to self or third party is to commit the crime

Front 94

dwelling

Back 94

building of any kind including any attached porch whether the building or conveyance is temporary or permanent which has a roof over it and is designed to be occupied by people

Front 95

elderly person

Back 95

a person 60 years of age or older who suffers from the infirmities of aging as manifested by advanced age or organic brain damage or other physical mental or emotional dysfunction to the extent that the ability of the person to provide adequately for the person own care or protection is impaired

Front 96

emergency doctrine

Back 96

a defense against liability that allows an officer to react instinctively to sudden peril without being held to the same legal standard of care as he or she would have been had there been time to reflect upon the circumstances

Front 97

evidence

Back 97

anything presented in a court of law to prove or disprove the existence of a fact

Front 98

excited utterances

Back 98

unplanned, spontaneous statements that occur during or after a shocking event or having suffered an injury, and may be relied upon for truthfulness

Front 99

exclusionary rule

Back 99

a rule which states that evidence obtained illegally by law enforcement cannot be used as evidence in court

Front 100

exculpatory evidence

Back 100

evidence that points to the suspects or defendants innocence in a trial

Front 101

exigent circumstances

Back 101

certain emergencies such as evidence destruction an emergency scene or fresh pursuit that justify a warrant less entry

Front 102

family or household member

Back 102

person who is presently residing together as a family (spouses, former spouses, person related by blood or marriage)

Front 103

fellow officer rule

Back 103

a rule that involves relying on the collective knowledge of other officers in taking law enforcement action

Front 104

forfeiture

Back 104

a civil proceeding in which the law enforcement agency asks the court to transfer ownership of property from the defendant to the government

Front 105

fresh pursuit

Back 105

a legal doctrine that permits a law enforcement officer to arrest a fleeing suspect who crosses jurisdictional line

Front 106

fruits of a crime

Back 106

the objects obtained by the defendant as a result of committing a crime

Front 107

general intent

Back 107

an offender's intention to voluntarily male the bodily movement which becomes the act to commit a criminal offense

Front 108

harass

Back 108

to engage in conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose

Front 109

hearsay

Back 109

a testament other than one made by the declarant while testifying at the trail or hearing offered in evidence to prove the truth

Front 110

human trafficking

Back 110

transporting, soliciting, recruiting, harboring, providing, enticing, ,maintaining, or obtaining another person for the purpose of exploitation of that person

Front 111

indirect evidence

Back 111

any evidence that requires an inference or presumption to establish a fact

Front 112

insanity

Back 112

any metal disorder so severe that it prevents a person from having legal capacity and excuses that person from criminal or civil responsibility

Front 113

instrumentalities

Back 113

the items used by the defendant to commit the crime

Front 114

intent

Back 114

when a person purposely does what the law declares to be a crime

Front 115

investigate stop

Back 115

a stop that may be made only if an officer has reasonable suspicion that the person stopped was committing or is committing a law violation

Front 116

justifiable use of force

Back 116

a person may legally use force to defend against to use of force by another

Front 117

juvenile

Back 117

an unmarried person under the age of 18 who has not been emancipated by order of the court and who has been found to be dependent, in need of services or from a family in need of services. charged before turns 18

Front 118

juvenile sexual offender

Back 118

a child 12 years of younger who is alleged to have committed a violation of sexual battery prositution an act of sexual performance by a child or an act of obscenity or any violation of law or delinquent act involving juvenile sexual abuse

Front 119

lascivious

Back 119

a wicked, lustful, or unchaste or sensual intent on the part of the person doing the act and causing offense to one to more persons or substantially intruding upon the rights of others

Front 120

live line up

Back 120

the presentation of a number of individuals which may include a known suspect to a victim or witness in a non suggestive manner for the purpose of identification

Front 121

maliciously

Back 121

wrongfully, intentionally, and without legal justification or excuse and with the knowledge hat injury or damage will or may be caused to another person or the property of another person

Front 122

mental incompetence

Back 122

a legal defense which recognizes that a criminal defendant will be judged on his or her present ability to assist counsel by participating in the criminal defense

Front 123

mere suspicion

Back 123

a hunch or gut feeling based on law enforcement training and knowledge but is not acceptable justification for interfering with someone rights

Front 124

misdemeanor

Back 124

any criminal offense that is punishable by a term of imprisonment in a country correctional facility not in excess of one year

Front 125

mistake or ignorance of fact

Back 125

a legal defense is used when the accused does not possess the mental state required to commit a criminal offense because of a reasonably mistaken belief about the facts relating to the circumstances not the be confused with diminished mental capacity or insanity

Front 126

negligence

Back 126

a failure to use due or reasonable care in a situation that results in harm to another

Front 127

no retreat law

Back 127

a section in florida statutes that says an individual has" no duty to regret when faced with imminent harm." has the right to stand his or her ground and may meet force with force

Front 128

noncriminal violation

Back 128

an offense also known as a civil infraction for which the only penalty may be fine forfeiture or other civil penalty

Front 129

notice to appear

Back 129

a written order that may by issued by a law enforcement officer accused of violating the law to appear in court at a specified date and time

Front 130

offense

Back 130

a criminal or noncriminal act punishable by law

Front 131

omission

Back 131

occurs when an officer neglects to perform what the law or duty requires

Front 132

ordinance

Back 132

a statute enacted by a municiple or country government and which applies only within the jurisdiction of the government entity which created it may be criminal or civil

Front 133

personal identification information

Back 133

a persons social security number , credit card and debit car, license etc.

Front 134

photographic array

Back 134

a presentation of a series of photographs to a victim or witness in a non suggestive manner fir the purpose of identifying a suspect

Front 135

physical or real evidence

Back 135

actual objects which may be offered to prove facts about a case in court

Front 136

plain touch feel doctrine

Back 136

a rule that during a valid stop and frisk allows an officer to seize an item he or she readily recogizes as contraband even if it does not feel like a weapon

Front 137

pretext stop

Back 137

a stop made by an officer on the basis of a traffic infraction when there is not enough information for reasonable suspicion to make the stop for the purpose of investigating other , more serious criminal activity

Front 138

principal in the first degree

Back 138

defendant who helped another person or persons committed or attempt to commit a crime and must be treated as if he or she had done all the things the other person or persons did

Front 139

probably cause

Back 139

fair probability or reasonable grounds to believe that a crime was committed based on the totality of circumstances

Front 140

probable cause affidavit

Back 140

a sworn, written statement by a law enforcement officer establishing certain facts and circumstances to justify an arrest; also called an arrest affidavit

Front 141

proof beyond a reasonable doubt

Back 141

standard used to determine if a criminal defendant is guilty and which holds that based on facts of the case, there is no other reasonable explanation than that the defendant committed the crime

Front 142

prostitution

Back 142

the giving or receiving of the body for sexual activity for hire

Front 143

punitive damages

Back 143

damages awarded in addition to actual damages when the defendant acted with recklessness, malice, or deceit

Front 144

qualified immunity

Back 144

defense which protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory rights of which a reasonable person would have known

Front 145

reasonable suspicion

Back 145

level of justification needed to support a legal terry stop or investigative detention where an officer can articulate the facts that support a suspicion of a law violation

Front 146

search

Back 146

any government intrusion into a place in which a person has a reasonable expectation of privacy

Front 147

search warrant

Back 147

a court order that authorizes law enforcement to conduct a search and seizure

Front 148

seizure

Back 148

an act that occurs when the government affects a person's rights to have or control his or her property usually by physically taking that property

Front 149

self help repossession

Back 149

process where a creditor may take possession of the collateral after default without a court order, if the repossession can be done without breach of the peace

Front 150

sexual battery

Back 150

the oral, anal, or vaginal penetration by or union with the sexual organ of another anal or vaginal penetration of another by any other object

Front 151

show up

Back 151

a one-on-one identification of a suspect in the field by a victim or witness orchestrated by a law enforcement officer a short tim after the commission of an offense

Front 152

solicitation

Back 152

an offense in which a person commands, encourages, hires, or requests another person to engage in specific conduct which would constitute the commission of an offense or an attempt to commit the offense

Front 153

sovereign immunity

Back 153

legal concept derived form the common law idea that king and his agents can do no wrong which is applied to government agencies and their employees to protect them from personal liability

Front 154

specific intent

Back 154

expectation of a particular result, requiring a heightened mental state of intent to commit the act; proof that the suspect intentionally committed the act with a particular purpose or desire in mind

Front 155

statute of limitations

Back 155

legal principle that bars the state from prosecuting an individual after a certain period of time has elapsed since the criminal act occurred

Front 156

statutory law

Back 156

written laws enacted by congress , state legislature or local government authorities in response to a perceived need

Front 157

structure

Back 157

a building of any kind either temporary or permanent which has a roof over it and the enclose space of ground and outbuilding immediately surrounding that structure

Front 158

suspect

Back 158

a person believed to have committed a crime or offense

Front 159

testimonial evidence

Back 159

witness statements presented in court tending to prove or disprove facts about the case

Front 160

totality of circumstances

Back 160

a court review of all factors known to the officer at the time of the incident

Front 161

unnatural

Back 161

not in accordance with nature or with normal feeling or behavior

Front 162

vicarious liability

Back 162

when a person or entity is held liable for the negligent actions of another person even though the first person or entity was not directly responsible for the injury

Front 163

victim

Back 163

a person or entity which suffers an injury as a result of a crime

Front 164

willfully

Back 164

intentionally, knowingly, and purposely

Front 165

witness

Back 165

person who has information about some element of the crime or about evidence or documents related to the crime who may have heard statements or observed events before during and after the crime

Front 166

writ of replevin

Back 166

a court order that entitles the creditor to possess collateral after the borrower defaults