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Criminal Law and Criminal Procedure
Jirard
31
Criminal Justice
Undergraduate 4
12/13/2010

Additional Criminal Justice Flashcards

 


 

Cards

Term
Commerce Clause
Definition

1)uses channels(planes, trains and automobiles)

2)uses instrumentalities(wire transfers, telephones)

3)is an activity that substantially affects interstate commerce

Term
Schools/Prisoners
Definition

Schools are limited to freedom of speech.

Prisonsers have less freedom than the general public.

they both are subject to th 4th amendment.

Term
Role of the trial Judge
Definition
The judge can't take sides, nor have an preconceived conclusions of the guilt/innocence of the defendant.
Term
cross burning
Definition
you have the right to burn a cross subject to the 4th amendment freedom of speech, but you can't burn a cross on someone else's property.
Term
Fighting Words
Definition
Statements that, by their utterance are made to incite violence from the audience.
Term
Content based regulations
Definition
the gov't can't suppress speech just because someone doesn't like it or finds it offensive.
Term
Jury instructions
Definition
Definitions and rules of the law that control the case that are given by the judge to the jury before deliberations.
Term
Prosecutorial Discretion
Definition
The sole-decision making authority the prosecutor decides what charges to bring against the defendant.
Term
Closing Arguements
Definition
The final arguments brought by the defendant and the prosecutor to have the jury find it in their favor(the final arguments aren't evidence)
Term
Overbroad
Definition
the gov't protects against illegal and legal speech
Term
Substantive Due Process
Definition
Protects from the gov't inference of the fundamentals of the rights an liberties.
Term
Article I
Definition
Legislative(congress)makes the laws
Term
Article II
Definition
Executive branch(president)Enforces the laws
Term
Article III
Definition
Interprets the laws(supreme court)Judicial
Term
Mens Rea
Definition
"guilty mind"
Term
Mens rea: Purposely
Definition
Specific intent to bring about a certain result
Term
Mens Rea: Knowingly
Definition
General Intent, to bring about a specific action but doesn't desire the certain result
Term
Mens Rea: Recklessly
Definition
Aware of the risk, but ignores it.
Term
Mens Rea: Negligently
Definition
Unaware of the risk, but should be aware
Term
Breach of Peace
Definition
The first amendment right to grant peace assemble, but no such gathering should advance criminal objectives.
Term
M'Naghten Rule
Definition

1) Didn't know what he/she was doing was wrong

2)and wasn't aware of the quality of the act

Term
Irresistible Impulse 
Definition
Mental illness of the offender prevents the offender to resist of the impulse of his act
Term
Entrapment
Definition
The gov't inducement to commit a crime that the defendant had no prior deposition to commit
Term
Rape
Definition
Penile penetration, however slight by force or threat against the victims will and w/out consent.
Term
Assault
Definition

1)Attempts to cause bodily injury to one

2)Negligently causes bodily injury to one using a deadly weapon

3)Puts one in fear of imminent bodily injury

Term
Aggravated Assault and battery
Definition
Assault that an offender commits while in commission of another crime against a child, prison employee, law enforcement or someone with an mental illness.
Term
Pretrial Identification and right to counsel
Definition
The defendant has the right to face his accuser at trial and to have a counsel at pretrial proceedings.
Term
Element Analysis
Definition
Find the defendant guilty by proving each and every element of the crime beyond a reasonable doubt.
Term
Duty by Contract
Definition
the tenant signs a lease with the landlord
Term
Duty by statute
Definition
Stay at the scene of the accident, and render aid to the victim
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