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Concept of Laws in America
CHP 5
26
Criminal Justice
Undergraduate 1
03/10/2013

Additional Criminal Justice Flashcards

 


 

Cards

Term
Types of Laws
Definition
Statutory law
Case law
Administrative law
Civil law
Criminal law
Term
Statutory law
Definition
Enacted by the legislative branch of government and then codified.
Term
Case Law
Definition
Case is made by the decisions made by the courts
Term
Precedent:
Definition
Used for deciding similar cases in the future
Term
Stare decisis:
Definition
let the decision stand
practice followed by precedent
Term
Civil law
Definition
Regulate relationship between ppl and parties
Term
Types of civil action:
Definition
Torts, Civil wrong, Breach of contract
Term
Civil Compensation
Definition
Amount of money a wrongdoer is required to pay to a victim
Term
Punitive damages
Definition
punish party at fault.
awards in $
Term
Mala in se
Definition
Crimes that are immoral
Term
Mala prohibita
Definition
Crimes that are illegal only because the government says they are
Term
What are the 3 components of a crime
Definition
Actus reus + Mens rea= Concurrence
Term
Actus Reus
Definition
literally means “the guilty act”
An intentional act
Term
Mens Rea
Definition
“the guilty mind”
This is the intent to commit the criminal act
Term
Concurrence
Definition
actus reus + mens rea = concurrence
concurrence = crime
Term
Strict Liability Crimes
Definition
Dont require criminal intent
ex: Traffic laws
Drug laws
Statutory rape laws
Term
Corpus Delicti
Definition
“body of the crime”
The facts that prove that a crime has actually taken place
Term
Elements of a crime
Definition
must prove crime beyond a reasonable doubt
Term
Types of Crimes
Definition
Felonies
Misdemeanors
Infractions
Term
Felonies
Definition
Punishable by death or a prison for at least a year
Term
Misdemeanor
Definition
Jail one year or less
Term
Duress
Definition
A treat to induce a person to commit perform an act that they wouldn't do.
Term
Excuses people use for crimes:
Definition
Insanity
Infancy
Mistake
Term
Burden of Proof
Definition
Proof that the defendant was not insane
Term
Durham Rule (Product)
Definition
criminal act was cause by mental illness
Term
Irresistible Impulse Test
Definition
Knew the action was wrong, unable to control the urge
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