Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
166 Cards in this Set
- Front
- Back
Homicide |
one human killing another |
|
Murder |
killing a person with malice force four categories: first degree second degree murder and voluntary and involuntary manslaughter |
|
1 st degree murder |
have all three elements: premeditation, carry out the plan, and person planned actually gets killed |
|
2nd degree murder |
have two elements: do not plan it but intend to kill a person |
|
involuntary manslaughter |
reckless or negligent activity ex: drunk driving or driving 80 in a 20 mph zone and killing someone |
|
voluntary manslaughter |
heat of passion: must be provoked to a point of great anger or rage |
|
tort |
private wrong for which you can see the party who wronged you and recover money civil court not criminal court (noncriminal wrongs) |
|
subjective opinion |
one person opinion , It can be based on fact, but it is one person's interpretation of that fact. |
|
objective opinion |
not influenced by personal feelings, interpretation, or prejudice: based on facts, unbiased |
|
substantive criminal law |
defines right and duties, such a crimes and punishments in the criminal law and civil rights and responsibilities in civil law |
|
in camera |
in private; court cases where the public and press are not allowed to observe the procedure or process |
|
Set forth the parts of the brief and what each part contains: |
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 |
|
robbery |
-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 |
|
battery |
-offender actually and intentionally touched or struck the victim against the victim will -offender intentionally caused bodily harm to the victim |
|
aggregated battery |
-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 |
|
assault |
-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 |
|
aggregated robbery |
-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 |
|
aggregated assault |
-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 |
|
scienter |
intent or knowledge of wrongdoing. offending party has knowledge of the wrongness of an act or event prior to committing it |
|
fratricide |
killing of ones brother or sister |
|
purposefully |
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 |
|
mala prohibitum |
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 |
|
mala en se |
crimes require some level of criminal intent. inherently evil |
|
retail theft |
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 |
|
sedition |
conductor or speech inciting people to rebel against the authority of a state or monarch, writings, and agreement. overthrow the government by violence |
|
mens rea |
purposely or knowingly (guilty mind) |
|
actus reus |
provide material support or conceal or disguise the nature, location, source or ownership (guilty act) |
|
concurrence |
actus reus and mens rea results in a crime |
|
jail |
less than a year committed a misdeameanor punishable by a fine and or jail |
|
prison |
more than a year committed a felony |
|
first 10 amendments to the constitution are called |
bill of rights |
|
2 amendment |
right to own and maintain a gun |
|
4 th amendment |
prohibits unlawful search and seizure |
|
5 th amendment |
right to remain silent |
|
6 th amendment |
guarentees right to a attorney |
|
8 th amendment |
prohibits cruel punishment and no excessive bail |
|
14 th amendment |
guarantees due process to all people and equal protection |
|
verdict |
a decision on a disputed issue in a civil or criminal care or an inquest |
|
JNOV |
JUDGEMENT NOTWITHSTANDING THE VERDICT type of judgement as a matter of law that is ordered at the conclusion of a jury trial |
|
stalking |
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 |
|
home invasion robbery |
|
|
open house party |
|
|
aggregated stalking |
|
|
5 affirmative defenses |
self defense, stand your ground, castle defense, choice of necessity, entrapment |
|
type of speech not protected |
sedition (speech to immediate violence) |
|
carjacking |
the forceful taking of someone vehicle while your in it with no intention of returning it |
|
obstruction of justice |
a person interfere with a official criminal investigation |
|
NOV |
judgment notwithstanding the verdict |
|
ENTRAPMENT |
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 |
|
stand your ground |
do not have to retreat |
|
self defense |
- the justified use of force that is necessary to protect oneself or the defense of others |
|
transfered intent |
the intent that is present when an intentional act harms an unintended second victim |
|
felony murder rule |
during a combustion of a serious felony if the felony is the cause of death everyone included in the crime is responsible |
|
arrest |
to deprive a person of his or her liberty by legal authority |
|
warrant |
for search or arrest must be signed by a judge or maggots of component jurisdiction |
|
BOLO |
be on the lookout |
|
proximate cause |
the direct cause of the death or damage |
|
corpus delecti |
body of evidence (physical and direct evidence) |
|
accessory |
a person who aids or contributes in committing or concealing a crime |
|
administrative law |
the body of the law that allows for the creation of public regulatory agencies |
|
admissibility of evidence |
the legal requirements that must be met before a jury is allowed to see or hear evidence |
|
alibi |
a suspect or defendants claim that he to she was not present when the alleged act is committed |
|
arrest warrant |
a court order authorized law enforcement to take the individual named on the warrant into custody to answer the charges specified by the warrant |
|
attempt |
an offense when a person did some act toward committing a crime that went beyond thinking or talking about it |
|
breach of duty |
an unreasonable failure of the defendant to act in the duty he or she was obligated to perform |
|
carroll doctrine |
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 |
|
case law |
the body that is formed by the decisions of the court system |
|
child abuse |
intentional infliction of physical or mental injury upon a child |
|
circumstantial or indirect evidence |
evidence that requires an inference or presumption to establish a fact |
|
civil law |
area of law that pertains to the legal action that a person takes to resolve a private dispute with another person |
|
civil liability |
responsibility for a wrongful act or an omission that injures a person or property |
|
color of law |
when a officer acts or purports to act in the performance of official duties under any law, ordinance or regulation |
|
compensatory damages |
court awards designed to compensate for the actual property damage, harm, or injury the plaintiff suffers |
|
consensual encounter |
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 |
|
consent |
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 |
|
conspiracy |
situation in which the offender agrees, conspired, combined, or confederated with the persons alleged to cause a crime to be committed |
|
contraband |
anything that is illegal to possess |
|
conveyance |
a motor vehicle, vessel, ship, aircraft, railroad vehicle or car trailer or sleeping car |
|
crime |
an act that the law makes punishable |
|
criminal law |
part of statutory law that defines unacceptable behaviors and government prosecution of those who commit them |
|
criminal liability |
liability when an officer is fond guilty of committing a crime and is sentenced to incarceration or other penalties |
|
criminal negligence |
an act that imposes criminal liability and that occurs when a person did not intend for a behavior to cause the resulting harm |
|
culpable negligence |
consciously doing an act that the person knew or should have known was likely to cause death or get bodily injury |
|
curtilage |
the enclosed place of ground and the outbuilding immediately surrounding a structure |
|
custody |
the suspect is deprived of freedom in a significant way |
|
cyber stalk |
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 |
|
deadly force |
any force that is likely to cause great body harm or death. |
|
direct defense |
evidence which proves a fact without an inferno or presumption and which if true conclusively establishes that fact |
|
direct liability |
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 |
|
documentary evidence |
anything written or printed which is offered to prove or disprove facts pertaining to a case in court |
|
domestic violence |
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 |
|
due process clause |
part of the fourteenth amendment that expands the restrictions to the bill of rights |
|
duress or coercion |
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 |
|
dwelling |
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 |
|
elderly person |
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 |
|
emergency doctrine |
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 |
|
evidence |
anything presented in a court of law to prove or disprove the existence of a fact |
|
excited utterances |
unplanned, spontaneous statements that occur during or after a shocking event or having suffered an injury, and may be relied upon for truthfulness |
|
exclusionary rule |
a rule which states that evidence obtained illegally by law enforcement cannot be used as evidence in court |
|
exculpatory evidence |
evidence that points to the suspects or defendants innocence in a trial |
|
exigent circumstances |
certain emergencies such as evidence destruction an emergency scene or fresh pursuit that justify a warrant less entry |
|
family or household member |
person who is presently residing together as a family (spouses, former spouses, person related by blood or marriage) |
|
fellow officer rule |
a rule that involves relying on the collective knowledge of other officers in taking law enforcement action |
|
forfeiture |
a civil proceeding in which the law enforcement agency asks the court to transfer ownership of property from the defendant to the government |
|
fresh pursuit |
a legal doctrine that permits a law enforcement officer to arrest a fleeing suspect who crosses jurisdictional line |
|
fruits of a crime |
the objects obtained by the defendant as a result of committing a crime |
|
general intent |
an offender's intention to voluntarily male the bodily movement which becomes the act to commit a criminal offense |
|
harass |
to engage in conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose |
|
hearsay |
a testament other than one made by the declarant while testifying at the trail or hearing offered in evidence to prove the truth |
|
human trafficking |
transporting, soliciting, recruiting, harboring, providing, enticing, ,maintaining, or obtaining another person for the purpose of exploitation of that person |
|
indirect evidence |
any evidence that requires an inference or presumption to establish a fact |
|
insanity |
any metal disorder so severe that it prevents a person from having legal capacity and excuses that person from criminal or civil responsibility |
|
instrumentalities |
the items used by the defendant to commit the crime |
|
intent |
when a person purposely does what the law declares to be a crime |
|
investigate stop |
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 |
|
justifiable use of force |
a person may legally use force to defend against to use of force by another |
|
juvenile |
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 |
|
juvenile sexual offender |
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 |
|
lascivious |
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 |
|
live line up |
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 |
|
maliciously |
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 |
|
mental incompetence |
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 |
|
mere suspicion |
a hunch or gut feeling based on law enforcement training and knowledge but is not acceptable justification for interfering with someone rights |
|
misdemeanor |
any criminal offense that is punishable by a term of imprisonment in a country correctional facility not in excess of one year |
|
mistake or ignorance of fact |
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 |
|
negligence |
a failure to use due or reasonable care in a situation that results in harm to another |
|
no retreat law |
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 |
|
noncriminal violation |
an offense also known as a civil infraction for which the only penalty may be fine forfeiture or other civil penalty |
|
notice to appear |
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 |
|
offense |
a criminal or noncriminal act punishable by law |
|
omission |
occurs when an officer neglects to perform what the law or duty requires |
|
ordinance |
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 |
|
personal identification information |
a persons social security number , credit card and debit car, license etc. |
|
photographic array |
a presentation of a series of photographs to a victim or witness in a non suggestive manner fir the purpose of identifying a suspect |
|
physical or real evidence |
actual objects which may be offered to prove facts about a case in court |
|
plain touch feel doctrine |
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 |
|
pretext stop |
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 |
|
principal in the first degree |
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 |
|
probably cause |
fair probability or reasonable grounds to believe that a crime was committed based on the totality of circumstances |
|
probable cause affidavit |
a sworn, written statement by a law enforcement officer establishing certain facts and circumstances to justify an arrest; also called an arrest affidavit |
|
proof beyond a reasonable doubt |
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 |
|
prostitution |
the giving or receiving of the body for sexual activity for hire |
|
punitive damages |
damages awarded in addition to actual damages when the defendant acted with recklessness, malice, or deceit |
|
qualified immunity |
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 |
|
reasonable suspicion |
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 |
|
search |
any government intrusion into a place in which a person has a reasonable expectation of privacy |
|
search warrant |
a court order that authorizes law enforcement to conduct a search and seizure |
|
seizure |
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 |
|
self help repossession |
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 |
|
sexual battery |
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 |
|
show up |
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 |
|
solicitation |
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 |
|
sovereign immunity |
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 |
|
specific intent |
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 |
|
statute of limitations |
legal principle that bars the state from prosecuting an individual after a certain period of time has elapsed since the criminal act occurred |
|
statutory law |
written laws enacted by congress , state legislature or local government authorities in response to a perceived need |
|
structure |
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 |
|
suspect |
a person believed to have committed a crime or offense |
|
testimonial evidence |
witness statements presented in court tending to prove or disprove facts about the case |
|
totality of circumstances |
a court review of all factors known to the officer at the time of the incident |
|
unnatural |
not in accordance with nature or with normal feeling or behavior |
|
vicarious liability |
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 |
|
victim |
a person or entity which suffers an injury as a result of a crime |
|
willfully |
intentionally, knowingly, and purposely |
|
witness |
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 |
|
writ of replevin |
a court order that entitles the creditor to possess collateral after the borrower defaults |