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Law, Order, & Public Policy Ch. 4 Terms
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48
Criminal Justice
12th Grade
01/26/2014

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Term
Actus Reus
Definition
An act in violation of the law. Also, a guilty act.
Term
Alibi
Definition
A statement or contention by an individual charged with a crime that he or she was so distant when the crime was committed, or so engaged in other provable activities, that his or her participation in the commission of that crime was impossible.
Term
Alter Ego Rule
Definition
In some jurisdictions, a rule of law that holds that a person can only defend a third parth under circumstances & only to the degree that the third party could legally act on his or her own behalf.
Term
Attendant Circumstances
Definition
The facts surrounding an event.
Term
Case Law
Definition
The body of judicial precedent, historically built on legal reasoning & past interpretations of statutory laws, that serve as a guide to decision making, especially in the courts.
Term
Civil Law
Definition
The branch of modern law that governs relationships between parties.
Term
Common Law
Definition
Law originating from usage & custom rather than from written statutes. The term refers to an unwritten body of judicial opinion, originally developed by English courts, that is based on nonstatutory customs, traditions, & precedents that help guide judicial decision making.
Term
Concurrence
Definition
The coexistence of (1) an act in violation of the law & (2) a culpable mental state.
Term
Corpus Delicti
Definition
The facts that show that a crime has occurred. The term literally means "the body of the crime".
Term
Criminal Law
Definition
The body of rules & regulations that define & specify the nature of & punishments for offenses of a public nature or for wrongs committed against the state or society. Also called penal law.
Term
Criminal Negligence
Definition
Behavior in which a person fails to reasonably perceive substantial & unjustifiable risks of dangerous consequences.
Term
Defense (To a Criminal Charge)
Definition
Evidence & arguments offered by a defendant & his or her attorney to show why the defendant should not be held liable for a criminal charge.
Term
Diminished Capacity
Definition
A defense based on claims of a mental condition that may be insufficient to exonerate the defendant of guilt but that may be relevant to specific mental elements of certain crimes or degrees of crime.
Term
Double Jeopardy
Definition
A common law & constitutional prohibition against a second trial for the same offense.
Term
Element (Of a Crime)
Definition
In a specific crime, one of the essential features of that crime, as specified by law or statute.
Term
Entrapment
Definition
An improper or illegal inducement to crime by agents of law enforcement. Also, a defense that may be raised when such inducements have occurred.
Term
Espionage
Definition
The "gathering, transmitting, or losing" of information related to the national defense in such a manner that the information becomes available to enemies of the United States.
Term
Excuse
Definition
A 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 not be held accountable under the criminal law.
Term
Ex Post Facto
Definition
Latin for "after the fact." The Constitution prohibits the enactment of ex post facto laws, which make acts committed before the laws in question were passed punishable as crime.
Term
Felony
Definition
A criminal offense punishable by death or by incarceration in a prison facility for at least one year.
Term
Guilty but Mentally Ill (GBMI)
Definition
A verdict, equivalent to a finding of "guilty", that establishes that the defendant, although mentally ill, was in sufficient possession of his or her faculties to be morally blameworthy for his or her acts.
Term
Inchoate Offense
Definition
An offense not yet completed. Also, an offense that consists of an action or conduct that is a step toward the inteded commission of another offense.
Term
Incompetent to Stand Trial
Definition
In criminal proceedings, a finding by a court that, as a result of mental illness, defect, or disability, a defendant is incapable of understanding the nature of the charges & proceedings against him or her, of consulting with an attorney, & of aiding in his or her own defense.
Term
Infraction
Definition
A minor violation of state statute or local ordinance punishable by a fine or other penalty or by a specified, usually limited, term of incarceration.
Term
Insanity Defense
Definition
A legal defense based on claims of mental illness or mental incapacity.
Term
Jurisprudence
Definition
The philosophy of law. Also, the science & study of the law.
Term
Justification
Definition
A 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
Law
Definition
A rule of conduct, generally enacted in the form of a statute, that proscribes or mandates certain forms of behavior.
Term
Legal Cause
Definition
A legally recognizable cause. A legal cause must be demonstrated in court in order to hold an individual criminally liable for causing harm.
Term
Mens Rea
Definition
The state of mind that accompanies a criminal act. Also, a guilty mind.
Term
Misdemeanor
Definition
An offense punishable by incarceration, usually in a local confinement facility, for a period whose upper limit is prescribed by a statute in a given jurisdiction, typically one year or less.
Term
M'Naughten Rule
Definition
A rule for determining insanity, which asks whether the defendant knew what he or she was doing or whether the defendant knew that what he or she was doing was wrong.
Term
Motive
Definition
A person's reason for committing a crime.
Term
Offense
Definition
A violation of the criminal law. Also, in some jurisdictions, a minor crime, such as jaywalking, that is sometimes described as ticketable.
Term
Penal Code
Definition
The written, organized, & compiled form of the criminal laws of a jurisdiction.
Term
Precedent
Definition
A legal principle that ensures that previous judicial decisions are authoritatively considered & incorporated into future cases.
Term
Procedural Defense
Definition
A defense that claims that the defendant was in some significant way discriminated against in the justice process or that some important aspect of official procedure was not properly followed in the investigation or prosecution of the crime charged.
Term
Procedural Law
Definition
The part of the law that specifies the methods to be used in enforcing substantive law.
Term
Reasonable Force
Definition
A degree of force that is appropriate in a given situation & is not excessive. Also, the minimum degree of force necessary to protect oneself, one's property, a third party, or the property of another in the face of a substantial threat.
Term
Reckless Behavior
Definition
Activity that increases the risk of harm.
Term
Rule of Law
Definition
The maxim that an orderly society must be governed by established principles & known codes that are applied uniformly & fairly to all of its members.
Term
Self-Defense
Definition
The protection of oneself or of one's property from unlawful injury or from the immediate risk of unlawful injury. Also, the justification that the person who committed an act would otherwise constitute an offense reasonably believed that the act was necessary to protect self or property from immediate danger.
Term
ZStare Decisis
Definition
A legal principle that requires that, in subsequent cases on similar issues of law & fact, courts be bound by their own earlier decisions & by those of higher courts having jurisdiction over them. The term literally means "standing by decided matters."
Term
Statutory Law
Definition
Written or codified law; the "law on the books", as enacted by a government body or agency having the power to make laws.
Term
Strict Liability
Definition
Liability without fault or intention. Strict liability offenses do not require mens rea.
Term
Substantive Criminal Law
Definition
The part of the law that defines crimes & specific punishments.
Term
Tort
Definition
A wrongful act, damage, or injury not involving a breach of contract. Also, a private or civil wrong or injury.
Term
Treason
Definition
A U.S. citizen's actions to help a foreign government overthrow, make war against, or seriously injure the United States. Also, the attempt to overthrow the government or the society of which one is a member.
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