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Criminal Law Terms
AB - AW
34
Criminal Justice
Undergraduate 3
02/09/2011

Additional Criminal Justice Flashcards

 


 

Cards

Term
abandonment (n)
Definition
n. See RENUNCIATION
Term
abduction (n)
Definition
1.The act of leading someone away by force or fraudulent persuasions. *Some jurisdictions have added various elements to this basic definition, such as the abductor must have the intent to marry or defile the person, the abductee must be a child, or that the abductee must intend to subject te abductee to cocubinage or prostitution. 2. Archaic. At common law, the crime of taking away a female person without her consent by use of persuasion, fraud or violence, for the purpose of mariage, prostitution, or illicit sex. - abduct, vb. - abductor, n. - abductee, n. See KIDNAPPING
Term
aberrant behavior
Definition
A single act of unplanned or thoughtless criminal behavior.
Term
abet (v)
Definition
1. To aid, encourage, or assist (someone), esp. in the commission of a crime <abet a known felon>. 2. To support (a crime) by active assistance <abet a burglary>. - abetment, n. See AID AND ABET. Cf. INCITE
Term
abettor
Definition
A person who aids, encourages, or assists in the commission of a crime. - also spelled abetter. See principal in the second degree under principle
Term
abnormal law
Definition
The law as it aplies to persons who are under legal disabilities such as infancy, alienage, insanity, criminality, and (formerly) coverture.
Term
abortion (n)
Definition
The spontaneous or artificially induced expulsion of an embryo or fetus. - abort, vb. - abortionist, n.
Term
abscond (vb)
Definition
1. To depart secretly or suddenly, esp. to avoid arrest or prosecution. 2. To leave a place, usu. hurridly, with another's money or property. - abscondance, n.
Term
absoloute contraband
Definition
See CONTRABAND.
Term
absolute disparity
Definition
The difference between the percentage of a group in the general population and the percentage of that group in the pool of prospective jurors on a venire. See FAIR-CROSSE-SECTION REQUIRMENT; DUREN TEST; STATISTICAL-DECISION THEORY. Cf. COMPARATIVE DISPARITY
Term
absolute pardon
Definition
See PARDON.
Term
absolute presumption
Definition
See CONCLUSIVE PRESUMPTION under Presumption. 
Term
absolute privilege
Definition
See PRIVILEGE (1).
Term
absolution
Definition
1. Release from a penalty; the act of oabsolving 2. An acquittal of a criminal charge.
Term
abstract of conviction
Definition
A summary of the court's finding on an offense, esp. a moving violation.
Term
abstract question
Definition
See HYPOTHETICAL QUESTION.
Term
abuse (n)
Definition
1. A departure from legal or reasonable use; misuse. 2. Physical or mental maltreatment. 
Term
abuse of the elderly
Definition
Physical or psychological abuse of an elderly person by a caretaker. *Examples include deprivation of food or medication, beatings, oral assualts, and isolation. - also termed elder abuse
Term
carnal abuse
Definition
See sexual abuse.
Term
child abuse 
Definition
The act or series of acts physically or emotionally injuring a child. *Child abuse may be intentional (as with sexual molestation) or negligent (as with some types of child neglect). - Also termed crueltyto a child; cruelty to children. See BATTERED-CHILD SYNDROME. Cf. CHILD NEGLECT
Term
elder abuse
Definition
See abuse of the elderly
Term
sexual abuse
Definition
1. An illegal sex act, esp. one performed against a minor by an adult - also termed carnal abuse 2. See RAPE
Term
spousal abuse
Definition
Physical, sexual, or psychological abuse inflicted by one spouse on the other spouse, See BATTERED-WOMAN SYNDROME.
Term
abuse (vb)
Definition
1. To depart from legal or reasonable use in dealing with (a person or thing); to misuse. 2. To injure ( a person) physically or mentally. 3. To damage (a thing). 
Term
abuse excuse
Definition
The defense that a defendant is unable to to tell right from wrong because of physical or mental abuse suffered as a child. *Like the traditional excuse of insanity, the abuse excuse is asserted by a defendant in an efort to avoid all culpability for the crime charged. 
Term
abuse-of-the-writ doctrine
Definition
The principle that a petition for a writ of habeas corpus may not raise claims that should havebeen, but were not assertedd ina previous petition. Cf. SUCCESIVE-WRIT DOCTRINE
Term
abusive (adj)
Definition
1. characterized by wrongful or improper use <abusive trial tactics>. 2. Of or relating to a person who treats another badly <abusive parent>. - abusivley, adv.
Term
accessorial (adj)
Definition
Of or relating to the accessory in a crime <accessorial guilt>.
Term
accessory after the fact
Definition
An accessory who knows that a crime has been committed and who helps the offender try to escape arrest or punishment. * Most penal statutes establish the following four requirments: (1) someone else must have committed a felony, and it must have been completed before te accessory's act (2) the accessory must not be guilty as a principal; (3) the accessory must personally help the principal try to avoid the consequences of the felony; and (4) the accessory's assistance must be rendered with guilty knowledge. - Sometimes shortened to accessory after. 
Term
accessory at the fact
Definition
See principal in the second degree under PRINCIPAL
Term
accessory before the fact 
Definition
An accessory who assists or encourages another to commit a crime but who is not present when the offense is actually committed. *Most jurisdictions have abolished this category of accesory and instead treat such a offender as an accomplice. - Sometimes shortened to accessory before. See ACCOMPLICE
Term
access to counsel 
Definition
See RIGHT TO COUNSEL.
Term
accidental killing
Definition
Homocide resulting from a lawful act performed in a lawful manner under a reasonable belief that no harm could occur. - Also termed death by misadventure; homocide by misadventure; killing by misadventure; homocide per infortunium. See justifiable homocide under HOMOCIDE. Cf. involuntary manslaughter under MANSLAUGHTER
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