Chapter 10 - Criminal Law And Procedure

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District attorney

Back 1

An attorney appointed to prosecute crimes.

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States attorney

Back 2

A law officer who represents the state in criminal cases. Also known as a district attorney.

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Public defender

Back 3

An attorney employed by the state to represent indigent defendants.

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Crime

Back 4

An activity that has been prohibited by the legislature, prosecuted by the government, and result in a punishment of a fine, imprisonment, or, in some cases, even death.

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Due Process

Back 5

Fifth and Fourteenth Amendments guarantee that notice and a hearing must be provided before depriving someone of property or liberty.

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Model Penal Codes and Commentaries

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The American Law Institute's proposal for a uniform set of criminal laws; not the law unless adopted by a state's legislature.

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Felonies

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A serious crime, usually carryign a prison sentence of one or more years.

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Misdemeanors

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A minor crime amounting to a felony, usually punishable by a fine or a jail sentence of leass than a year.

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Homicide

Back 9

The killing of one human being by another.

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Battery

Back 10

An intentional act that creates a harmful or offensive physical contact. Can form the basis for either a tort or a criminal action.

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Assault

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An intentional act that creates a resonable apprehension of an immediate harmful or offensive physical contact.

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Kindnapping

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An unlawful movement and confinement of the victim.

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Robbery

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Theft through the use of force.

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Stalking

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The intentional knowing course of conduct that places a person in fear of imminent physical injury or death to that person or that person's family.

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Arson

Back 15

The malicious burning of the house or property of another.

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Theft

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Also known as larceny; the taking of another's property with the intent to permanently deprive the owner.

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Burglary

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Breaking into and entering a building with the intent of committing a felony.

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Larceny

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Another term for theft.

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Forgery

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The alteration or falsification of documentswith the intent to defraud.

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Tresspass

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The unauthorized intrusion onto the land of another.

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Bribery

Back 21

Offering something of value to a public official with the purpose of influencing that official's actions.

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Perjury

Back 22

Lying to the court while under oath.

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Actus reus

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Bad act.

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Lesser included offense

Back 24

A crime whose elements are contained within a more serious crime. Theft is a lesser included offense of robbery.

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Inchoate crimes

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Attempted crimes.

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Solicitation

Back 26

Encouraging someone to commit a crime.

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Conspiracy

Back 27

An agreement to commit an unlawful act.

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Mens rea

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Bad intent.

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Purposeful

Back 29

Intending to cause a specific harm.

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Knowingly

Back 30

Not intending to cause a specific harm but being aware that such harm would be caused.

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Recklessness

Back 31

Disregarding a substantial and unjustifiable risk that harm will result.

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Negligence

Back 32

The failure to act resonably under the circumstances.

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Inference

Back 33

A conclusion reached based on the facts given.

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Principal (in criminal law)

Back 34

The person who commits the criminal act.

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Accomplice (also referred to as an accessory)

Back 35

A person who assists the principal with the crime or with the preparation of the crime.

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Accessory before the fact

Back 36

A person who assisted in the preparation of the crime, but was not present during the crime.

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Accessory after the fact

Back 37

A person who aids the principal after the commission of the crime.

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Complete defense

Back 38

A defense that, if proven, relieves the defendant of all criminal responsibility.

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Partial defense

Back 39

A defense that reduces a crime to a lesser included offense.

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Alibi defense

Back 40

A defense requiring proof that the defedant could not have been at the scene of the crime.

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Insanity defense

Back 41

A defense requiring proof that the defendant was not mentally responsible.

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M'Naghten test

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A test that provides taht the defendant is not guilty due to insanity if, at the time of the killing, the defendant suffered from a defect or disease of the mind and could not understand whether the act was right or wrong.

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Irresistible inpulse test

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A test that provides that the defendant is not guilty due to insantiy if, at the time of the killing, the defendant could not control his or her actions.

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Substantial capacity test

Back 44

Part of the Model Penal Code; a test that provides that the defendant is not guilty due to insanityif, at the time of the killing, the defendant lacked either the ability to understand that the act was wrong of the ability to control the behavior.

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Intoxication defense

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A defense requiring proof that the defendant was not able to form the requisite mens rea due to intoxication.

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Duress

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A defense requiring proof that force or a threat of force was used to dause a person to commit a criminal act.

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Necessity

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A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.

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Entrapment

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A defense requiring proof that the defendant would not have committed the crime but for trickery or inducement by the law enforcement officers.

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Self-defense

Back 49

The justified use of force to protect onself or others.

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Deadly force

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A force that would cause serious bodily injury or death.

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Retreat exception

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The rule that in order to claim self-defense there must have been no possibility of retreat.

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Battered woman's or spouse's syndrome

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Being the victim of repeated attacks, self-defense is sometimes allowed to the victim, even when the victim is not in immediate danger.

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Void for vagueness

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A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.

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Overbreadth

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A reason for invalidating a statute where it covers both protected adn criminal activity.

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Double jeopardy

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A constitutional protection against being tried twice for the same crime.

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Rules of criminal procedure

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Federal and state rules that regulate how criminal proceedings are conducted.

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Rules of evidence

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Federal and state rules that govern the admissibility of evidence in court.

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Stop and frisk

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The right of the police to detain an individual for a brief period of time and to search the outside of the person's clothing if the police have a resonable suspicion that the individual has committed or is about ot commit a crime.

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Reasonable suspicion

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A suspicion based on specific facts; less than probably cause.

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Arrest

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Occurs when the police restrain a person's freedom and charge the person with a crime.

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Probably cause

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Not susceptible to a precise definition; a belief based on specific facts that a crime has been or is about to be committed; more than a resonable suspicion.

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Search warrant

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A court's prior permission for the police to search and seize.

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Execute a warrant

Back 63

To carry out the provisons of a warrant.

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No-knock warrant

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A warrant that allows the police to enter with announcing their presence in advance.

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Exigent circumstances

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Generally, an emergency situation that allows a search to take place without a warrant.

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Plain view doctrine

Back 66

A policy that allows police to seize contraband or evidence that is openly visible in an area where they are authorized to be.

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Miranda warnings

Back 67

The requirement that defendants be notified of their rights to remain silent and to have an attorney present prior to being questioned by the police.

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Booking

Back 68

The process after arrest that includes taking the defendant's personal information, giving the defendant an opportunity to read and sign a Miranda card, and allowing the defendant the opportunity to use a telephone.

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Bail

Back 69

Money or something else of value that is held by the government to ensure the defendant's appearance in court.

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Personal recognizance bond

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A defendant's personal promise to appear in court.

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Grand jury

Back 71

A group of people, usually 23, whose function is to determine if probable cause exists to believe that a crime has been committed and that the defendant committed it.

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Indictment

Back 72

A grand jury's written accusation that a given individual has committed a crime.

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Information

Back 73

A prosecutor's written accusation that a given individual has committed a crime.

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Preliminary hearing

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A hearing where the prosecutor must present sufficient evidence to convince the judge that there is probably cause to believe the named individual committed the crimes for which the defedant is being charged.

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Arraignment

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A criminal proceeding at which the court informs the defendant of the charges being brought against him or her and the defedant enters a plea.

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Nolo contendere (no contest)

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A defendant's plea meaning that the defendant neither admits nor denies the charges.

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Inculpatory evidence

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Evidence that suggests the defendant's guilt.

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Exculpatory evidence

Back 78

Evidence that suggests the defedant's innocence.

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Motion to suppress

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A request that the court prohibit the use of certain evidence at the trial.

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Exclusionary rule

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A rule that states that evidence obtained in violation of an individual's consitutional rights cannot be used against that individual in a criminal trial.

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Fruit of the poisonous tree doctrine

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Evidence that is derived from an illegal search or interrogation is inadmissible.

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Plea bargaining

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A process whereby the prosecutor and the defendant's attorney agree for the defendant to plead guilty in exchange for the prosecutor's promise to charge him or her with a lesser offense, drop some additional charges, or requiest a lesser sentence.

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Motion to require a finding of not guilty

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The defense's request that he court find the prosecution failed to meet its burden and that it remove the case from the jury by finding the defendant not guilty.

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Charging the jury

Back 84

The judge informs the jurors of the law they need to know to make their decision.

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Recidivist

Back 85

A repeat offender; one who continues to commit more crimes.

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Writ of habeas corpus

Back 86

A court order to produce the person detained; designed to give a neutral judge an opportunity to review the charges, to ensure there is a lawful basis for the incarceration.