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Criminal Justice and the law
Test 2 chapters 5-8
104
Criminal Justice
04/01/2012

Additional Criminal Justice Flashcards

 


 

Cards

Term
Justification
Definition
type of legal defense in which the defendant admits to committing the act in question but claims it was necessary in order to avoid some greater evil
Term
Excuse
Definition
type of legal defense in which the defendant claims that some personal condition or circumstance at the time of the act was such that he or she should be held accountable under the criminal law
Term
Affirmative Defenses
Definition
(justifications and excuses) this is to answer to a criminal charge in which a defendant takes the offensive and responses to the allegations with his or her own assertions based on legal principles; must be raised and supported by the defense
Term
Justification
Definition
includes; necessity, self-defense, defense of others, defense of home and property, resisting unlawful arrest, and consent
Term
Necessity
Definition
a defense to a criminal charge that claims that it was necessary to commit some unlawful act in order to prevent or avoid a greater harm
Term
self-defense
Definition
a defense to a criminal charge that is based on the recognition that a person has an inherent right to self-protection and that to reasonably defend oneself from unlawful attack is natural response to threatening situations.
Term
Reasonable person
Definition
a person who acted with common sense and who has the mental capacity of an average, normal, sensible human being. the reasonable person criterion requires that the assumption and ideas on which a defendant acted must have been reasonable in that circumstances as they appeared to the defendant would have created the same beliefs in the mind of an ordinary person
Term
Apparent danger
Definition
a form of imminent danger that is said to exist when the conduct or activity of an attacker makes the threat of danger obvious
Term
Reasonable force
Definition
a degree of force that is appropriate in a given situation and is not excessive; the minimum degree of force necessary
Term
Deadly force
Definition
a force likely to cause death or great bodily harm
Term
Retreat Rule
Definition
a rule in many jurisdictions tat requires that a person being attacked retreat in order to avoid the necessity of using force against the attacker as long as the person being attacked can do it in a safe manner

NOT NC
Term
Perfect Self-defense
Definition
a claim of self-defense that meets all of the generally accepted legal condition for such a claim to be valid
Term
Alter Ego rule
Definition
rule of law that in come jurisdictions holds that a person can only defend a third party under circumstance and only to the degree that the third party could act on his or her own behalf
Term
Castle Exception
Definition
exception to the retreat rule that recognizes a person's fundamental right to be in his or her own home and also recognizes the home as a final and inviolable place of retreat.
Term
Execution of public duty defense
Definition
a defense to a criminal charge such as assault that is often codified and that precludes the possibility of police officers and others public employees from being prosecuted when lawfully exercising their authority
Term
Fleeing Felon Rule
Definition
Not a law since Supreme court ruled on it in the Case Tennessee v. Garner. but it permitted officers to shoot a suspected felon who attempted to flee from a lawful arrest
Term
Consent
Definition
a justification offered as a defense to a criminal charge
1) agreed to sustain the injury
2) accepted the possibility of injury before the activity was undertaken
Term
Express Consent
Definition
A verbal expressed willingness to engage in a specified activity
Term
Duress
Definition
A condition under which one is forced to act against one's will, Also called "compulsion"
Term
Voluntary intoxication
Definition
Willful intoxication. intoxication that resulted from personal choice; voluntary ingestion, injection, etc.
Term
Involuntary intoxication
Definition
intoxication that is not willful
Term
Mistake of fact
Definition
misinterpretation, misunderstanding, or forgetfulness of the fact relating to the situation at hand; belief in the existence of a thing or condition that does not exist
Term
Ignorance of fact
Definition
lack of knowledge of some fact relating to the situation at hand
Term
mistake of law
Definition
a misunderstanding or misinterpretation of the law relevant to the situation at hand
Term
Ignorance of the law
Definition
a lack of knowledge of the law or of the existence of a law relent to the situation at hand
Term
Culpable Ignorance
Definition
the failure to exercise ordinary care to acquire knowledge of the law or of face that my result in criminal liability
Term
Infancy defense
Definition
a defense that claims that certain individuals should not be held criminal responsible for their activities by virtue of their age ( also called immaturity defense)
Term
Juvenile offender
Definition
A child who violates the criminal law or who commits a status offense. most jurisdiction don't impose full criminal culpability on people under 18, but now a number of states have set the age of responsibility at the age of 16 or 17
Term
Entrapment
Definition
an imprper or illegal inducement to crime by enforcement agents. also a defense that may be raised when such inducement occur
Term
Outrageous government conduct
Definition
a kind of entrapment defense based on an objective criterion involving the belief that the methods employed on behalf of the government to bring about conviction cannot be countenanced
Term
Syndrome
Definition
a complex of signs and symptoms presenting a clinical picture of a disease or disorder
Term
Syndrome-based defense
Definition
a defense predicated on, or substantial enhanced by, the acceptability of syndrome-related claims
Term
Battered Woman's syndrome (BWS)
Definition
a condition characterized by a history of repetitive spousal abuse and "learned helplessness"
Term
Psycholegal error
Definition
the mistaken belief that if we identify a cause for conduct, including mental or physical disorders, then conduct is necessarily excused
Term
Competent to stand trial
Definition
a finding by a court that the defendant has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding and that the defendant has a rational as well as factual understanding of the proceeding against him or her
Term
Incompetent to stand trial
Definition
a finding in a court that as a result of mental illness, defects or disability- a defendant is unable to understand the nature and object of the proceeding against him or her or is unable to asset in the preparation of his or her own defense
Term
Not Guilty by reason of insanity (NGRI)
Definition
A plea or verdict that says the defendant is not guilty of the crime because they did not have the mental capacity at the time of the crime to be held criminally responsible
Term
Insanity
Definition
An affirmative defense that refers to a condition which renders the affected person unfit to enjoy liberty of action because of the unreliability of his behavior with concomitant dander to himself or others
Term
DSM-IV
Definition
Diagnostic and Statistical Manual of Mental Disorders - lists the 12 major categories of mental disorders
Term
M'Naughten Rule
Definition
a rule for determining insanity that ask whether the defendant knew what he or she was doing or if they knew that it was wrong
Term
Insanity defense reform act (IDRA)
Definition
This made insanity an affirmative defense to be proven by the defense by clear and convincing evidence and created by a special verdict of not guilty by reason of insanity

(part of the 1984 crime control and prevention act that mandated a comprehensive overhaul or insanity defense in the federal system)
Term
Irresistible impulse test
Definition
a test for insanity that evaluated defense claims that at the time the crime was committed a mental disease or disorder prevented the defendant from keeping within the requirements of the law
Term
Durham Rule
Definition
a rule for determining insanity that holds that an accused is not criminally responsible if the unlawful act was product of mental disease or mental defect
Term
substantial capacity test
Definition
A test developed by the american law institute and embodied in the model penal code that holds that a person is not responsible for a crime if a the time the conduct resulted from mental disease or defect
Term
Guilty but mentally ill (GBMI)
Definition
a verdict equivalent to a finding of guilty, that establishes that even though the person was mentally ill, he or she was sufficiently in possession of his or her faculties to be morally blameworthy of their acts
Term
Diminished capacity
Definition
a defense based on claims of the mental condition that my be insufficient to exonerate a defendant of guilt but that may be relevant to specific mental elements of certain crimes or degrees of crime
Term
Accidental Death
Definition
a death that is caused by unexpected or unintended means
Term
Accidental killing
Definition
a death that is the result of a purposeful human act lawfully undertaken in the reasonable belief that no harm would result
Term
Homicide
Definition
the killing of a human being by the act, procurement, or omission of another human being
Term
Justifiable Homicide
Definition
1) homicide that is permitted under the law
2)a killing justified for the good of the society
3)the killing of another in self-defense when danger of death or serious bodily harm exist
4) the killing of a person according to one's duty or out of necessity but without blame
Term
Excusable Homicide
Definition
the killing conducted in a manner that the criminal law does to prohibit. Also a killing that may involve some fault but is not criminal homicide
Term
Criminal Homicide
Definition
The Purpose, knowing, reckless, or negligent killing of one human being by another. maybe classified as ; murder, manslaughter, or negligent homicide
Term
Murder
Definition
the unlawful killing of a human being, carried out with malice or planned in advance
Term
Manslaughter
Definition
the unlawful killing of a human being without malice. (premeditation is lacking)
Term
Negligent homicide
Definition
the Killing of a human being by criminal negligence or by the failure to exe rice reasonable prudent care
Term
Corpus Delicti
Definition
consist of two things;
1) the death of a human being
2) the fact that the death was caused by the criminal act or agency of another person
Term
Uniform determination of Death Act (UDDA)
Definition
a standard that provides that a person who has sustained either 1) irreversible cessation of circulatory or respiratory functions or 2) irreversible cessation of all functions of the entire brain, is dead
Term
Year and a Day Rule
Definition
a common law requirement that says homicide prosecution would not take place if the victim did not die within a year and a day from the fatal act
Term
Affirmative act
Definition
voluntary conscious conduct

(must have this, an omission to act, or criminal negligence for a criminal homicide to occur)
Term
First-degree murder
Definition
a willful deliberate and premeditated unlawful killing
Term
Premeditation
Definition
the act of deliberating, meditating on, or planning a course of action such as a crime
Term
Second-degree murder
Definition
depending on the jurisdiction either
1) a murder committed during the perpetration or attempted perpetration of an enumerated felony such as arson, rape, robbery, or burglary.
2) any murder not classified by statute of first-degree murder
Term
Malice
Definition
a legal term that refers to the intentional doing of a wrongful act without just cause or legal excuse (an intention to kill)
Term
Malice aforethought
Definition
a unjustifiable, inexcusable, and unmitigated person- endangering state of mind
Term
Depraved heart murder
Definition
1) unjustifiable conduct that is extremely negligent and results in the death of a human being
2) the killing of a human being with extreme atrocity
Term
Capital Murder
Definition
murder for which the death penalty is authorized by the law
Term
Premeditated murder
Definition
murder that was planned in advance and willfully carried out
Term
Aggravated murder
Definition
murder plus one or more aggravating factors as specified by law
Term
Felony Murder rule
Definition
a Rule that establishes murder liability of a defendant if another person dies during the commission of a certain felonies
Term
Inherently danger
Definition
a legal term used to describe an act or course of behavior that by is nature is likely to result in death or serious bodily harm to either person involved or someone else
Term
Voluntary Manslaughter
Definition
an unlawful killing of a human being without malice that is done intentionally during a sudden quarrel or in the heat of passion
Term
Adequate provocation
Definition
provocation that would cause a reasonable person to lose self control
Term
Adequate Cause
Definition
in cases of involuntary manslaughter, a cause that would commonly produce a degree of anger, rage, or terror in a person of ordinary temper, sufficient to render the mind of the defendant incapable of objective reflection
Term
Sudden Passion
Definition
In the case of voluntary manslaughter, passion directly caused by and rising out of provocation by the victim or of another acting with the victim. (passion must rise at the time of the killing and not a result of former provocation)
Term
involuntary manslaughter
Definition
an unintentional killing for which criminal liability is imposed but that does not constitute murder
-also a unintentional killing during the commission of a lesser unlawful act.
Term
Criminally negligent homicide
Definition
homicide that results from criminal negligence
Term
Gross negligence
Definition
the conscious disregard of one's duties, resulting in injury or damage to another
Term
Ordinary negligence
Definition
the want of ordinary care or negligence that could have been avoided if one had exercised ordinary, reasonable, or proper care
Term
Vehicular homicide
Definition
the killing of a human being as a result of another person's operation of a motor vehicle in a reckless manner likely to cause death or great bodily harm
Term
Sodomy
Definition
Oral or anal copulation between people of the same or different gender or between a human and a animal
Term
Assault
Definition
attempted or threatened battery. a willful attempt to willful threat to inflict injury on another person
Term
Battery
Definition
1)unlawful physical violence inflicted on another without his or her consent
2) an intentional and offensive touching or wrongful physical contact with another without consent that results in come injury to offends or cause discomfort
Term
mayhem
Definition
is a battery that causes great bodily harm or disfigurement
Term
present ability
Definition
term used in assault states; requiring that defendant is physically capable of carrying out the attempted act or has a method to do so
Term
Aggravated assault
Definition
an assault that is committed with the intention of committing an additional crime ( assault with intent to murder, commit a felony, rape, etc.)
Term
Stalking
Definition
the intentional frightening of another through following, harassing, annoying, tormenting, or tormenting activities
Term
Constructive touching
Definition
a touching that is inferred or implied from prevailing circumstances, also touching for purpose of the law
Term
Sexual battery
Definition
the unlawful touching of a intimate part of another person against that person's will and for the purpose of sexual arousal, gratification, or abuse.
Term
Effective consent
Definition
consent obtained in a legal matter
Term
Aggravated battery
Definition
a battery that is committed with the use of a deadly weapon that is committed with the intention of committing another crime or that results in serious injury
Term
Criminal Sexual Conduct
Definition
a gender-neutral term applied today to various sex offenses like rape, sodomy, sexual conduct with kids, etc.
Term
Deviate sexual intercourse
Definition
any contact between any part of the genitals of one person and the mouth or anus of another
Term
Forcible Rape
Definition
rape that is accomplished against a persons will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury
Term
Statutory Rape
Definition
sexual intercourse whether consensual or not with a person under the age of consent
Term
Rape Shield law
Definition
a statute intended to protect victims by limiting the use of the victim's sexual history in the defense.
Term
Probative value
Definition
the worth of any evidence to prove or disprove the facts at issue
Term
Sexual Assault
Definition
a statutory crime that combines all sexual offense into one offense
Term
Fellatio
Definition
oral stimulation of the penis
Term
Sexual Contact
Definition
any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person
Term
kidnapping
Definition
the unlawful removal of a person from the place where he or she is found, against that person's will and though the use of force, fraud, threats, or other forms of intimidating
Term
False imprisonment
Definition
the unlawful restraint of another person's liberty. Also the unlawful detention of a person without his or her consent
Term
Alibi
Definition
when the defendant claims to not have been present at the location of the crime
Term
Tennessee v Garner
Definition
no longer allowed police to shoot fleeing felons.

police shot teen that jumped a fence because they though he just committed a felony
Term
Mens Rea
Definition
(a Guilty mind) the specific mental state of a defendant at the time of the crime