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Chapter 14
Criminal Practice: Criminal Law and Juvenile Law
28
Law
12th Grade
09/06/2010

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Cards

Term
crime
Definition
An act in violation of a criminal statute.  A social wrong or social evil.
Term
Model Penal Code
Definition
A collection of criminal statutes, it was created for the states to adopt in whole or in part, and has helped create uniformity in criminal law.
Term
presumption
Definition

An inference in support of a specific fact. 

The defendant is innocent until proven guilty.

Term
deter
Definition
To stop, discourage, or prevent a person from performing a certain act.
Term
rebuttable presumption
Definition
An inference that may be challenged.  It may be disproved by the facts.
Term
mens rea
Definition
The mental element of a crime; sometimes called the "guilty mind."
Term
rehabilitation
Definition
The process of helping a person attain or regain his or her potential as a citizen; may take the form of counseling or therapy.
Term
incapacitation
Definition
The act of restraining a person from taking certain actions.
Term
retribution
Definition

Through the criminal justice system, society takes revenge on criminals who violate criminal statutes.

 

Punishment for a crime.

Term
knowing act
Definition
An act that is performed consciously or with knowledge.
Term
purposeful act
Definition
An act that is performed willfully or voluntarily.
Term
reckless act
Definition
An act in which a person is careless or indifferent to the consequences of the action.
Term
negligent act
Definition
An act in which a person acts with a substantial and unjustifiable risk.
Term
inference
Definition
A logical conclusion of a fact that is not supported by direct evidence; a deduction made by a judge or jury based on common sense and the evidence presented in trial.
Term
actus reus
Definition
The physical elements of a crime; the guilty act or the physical aspect of the crime.
Term
voluntary act
Definition
An unconstrained act.
Term
concur
Definition

To act together.

 

Joining the physical and mental elements of the crime.

Term
homicide
Definition
The taking of the life of a human being by another.
Term
first-degree murder
Definition
A homicide that is premediated, willful, and deliberate.
Term
manslaughter
Definition
A lesser crime than murder.
Term
second-degree murder
Definition
A homicide that involves an impulsive act, rather than a premediated act.
Term
battery
Definition

A reckless or intentional harmful, or offensive touching of another, it is both a crime and a tort.

 

Not recognized in Ohio.

Term
assault
Definition
The placing of another in apprehension or fear of an imminent battery; it is both a crime and a tort.
Term
kidnapping
Definition

The unlawful taking, confinement, and carrying away of another person, by threat, force, fraud, or deception.

 

Considered a felony.

Term
false imprisonment
Definition

The intentional interference with another person's liberty through force or threat without authority.

 

Term
 burglary
Definition
The unlawful entry of a structure or building for the purpose of committing a felony inside.
Term
defense
Definition
The explanation of why the person complaining should not prevail in his or her action.
Term
juvenile delinquent
Definition
A minor, as defined by law, who violates a criminal law.
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