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| defines for society what behaviors are illegal and determines how lawbreakers should be punished. |
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| Rules of Criminal Procedure |
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| Federal and state rules that regulate how criminal proceedings are conducted |
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| Federal and state rules that govern the admissibility of evidence in court |
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| An activity that has been prohibited by the legislature as violating a duty owed to society and hence prosecutable, with the possibility of resulting incarceration or the payment of a fine. |
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| Fifth and Fourteenth Amendments guarantee that notice and a hearing must be provided before depriving someone of property or liberty. |
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| Model Penal Code and Commentaries |
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| The American Law Institute's proposal for a uniform set of criminal laws; not the law unless adopted by a state's legislature. |
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| A serious crime usually carring a prison sentence of one or more years. |
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| A crime for which the death sentence can be imposed. |
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| A minor crime not amounting to a felony, usually punishable by a fine or a jail sentence of less than a year |
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| The killing of one human being by another |
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The federal Racketeer Influenced and Corrupt Organization Act.--
In the early 1970's the federal governement enacted RICO to help stop the spread of organized crime in the United States. |
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| The loss of money or property as a result of committing a crimial act. |
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| A crime whose elements are contained within a more serious crime. Theft is a lesser included offense of robbery. |
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| Encouraging someone to commit a crime |
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| An agreement to commit an unlawful act. |
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| An intention to act without regard to the results of the act |
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| An intention to act and to cause a specific result |
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| Intending to cause a specific harm |
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| Not intending to cause a specific harm but being aware that such harm would be caused |
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| Disregarding a substantial and unjustifiable risk that harm will result |
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| The failure to act reasonably under the circumstances |
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| A conslusion reached based on the facts given |
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| Principal(in criminal law) |
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| The person who actually commits the criminal act |
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| Accomplice (also referred to as an accessory) |
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| Aperson who assists the principal with the crime or with the preparation of the crime. |
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| Accessory before the fact |
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| A person whoa ssisted in the preparation fot he crime, but was not present during the crime. |
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| A person who aids the principal after the commission of the crime. |
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| A defense that, if proven, relieves the defendant of all criminal responsbility |
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| A defense that reduces a crime to a lesser included offense. |
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| A defense requiring proof that the defendant could not have been at the scene of the crime. |
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| A defense requiring proof that the defendant was ot mentally responsible. |
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| A test that provides that the defendant is not guilty due to insanity if, at the time of the killing the defendant suffered from a defect or a disease of the mind and could not understand whether the act was right or wrong. |
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| Irresistible impulse test |
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| A test that provides that the defendant is not guilty due to insanity if, at the time of the killing, the defendant could not control his or her actions. |
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| Substantial capacity test |
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| Part of the Model Penal Code; a test that provides that the defendant is not guilty due to insanity if, at the time of the killing the defendant lacked either the ability to understand that the act was wrong or the ability to control the behavior. |
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| A defense requiring proof that the defendant was not able to form the requisite mens rea due to intoxication. |
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| A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act. |
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| A defense requiring proof that the defendant was forced ot take an action to avoid a greater harm |
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| A defense requiring proof that the defendant would not have committed the crime but for police trickery |
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| The justified use of force to protect oneself or others |
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| A force that would cause serious bodily injury or death |
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| The rule that in order to claim self-defense there must have been no possibilty to retreat. |
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| Battered woman's or spouse's syndrome |
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| A syndrome of being the victim of repeated attacks; self-defense is sometimes allowed to the victim, even when the victim is not in immediate danger. |
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| A constitutional protection against being tried twice for the same crime. |
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| A reason for invalidating a statute where a reasonalbe person could not determine a statute's meaning. |
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| A reason for invalidating a statute where it covers both protected and criminal activity. |
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| Laws may not limit free expression on the basis of whether the speech's content supports or opposes any particular position. |
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| Crime where the selection of the victim is based on that person's membership in a protected category, such as race, sex or sexual orientation. |
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| Speech directed at a particular group or classification of people that involves expressions of hate or intimidation. |
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Crime
Police investigation
Arrest and booking
Initial appearance
Preliminary Hearing
Arraignment(enters a plea)
Plea bargaining OR Trial
Verdict
Sentencing
Punishment
Appeal |
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| The right of the police to detain an individual for a brief period of time and to search the outside of the person's clothing if the police have a reasonable suspicion that the individual has committed or is about to commit a crime. |
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| A suspicion based on specific facts;less than propbable cause. |
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| Occurs when the police restrain a person's freedom and charge the person with a crime |
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| Not susceptible to a precises definition;a belief based on specific facts that a crime has been or is about to be committed; more than a reasonable suspicion. |
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| A court's prior determination that there is sufficient probable cause to justify an arrest or a search and seizure. |
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| To carry out the provisions of a warrant |
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| A warrant that allows the police to enter without announcing their presence in advance. |
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| Generally, an emergency situation that allows a search to proceed without a warrant |
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| Without the need for a warrant, the police may seize objects that are openly visible. |
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| The requirement that defendants be notified of their rights to remain silent and to have an attorney present prior to being questioned by the police |
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| Questioning that occurs after defendant has been deprived of his or her freedom in a significant way |
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| Occurs when the defendant has been deprived of freedom in a significant way |
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| The process after arrest that includes taking the defendant's personal information, giving the defendant an opportunity to read and sign a Miranda card, and allowing the defendant the opportunity to use a telephone |
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| Money or something else of value that is held by the government to ensure the defendant's appearance in court. |
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| Personal recognizance bond |
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| A defendant's personal promise to appear in court |
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| A group of people, usually twenty-three, whose function is to determine if probable cause exists to believe that a crime has been committed and that the defendant committed it. |
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| A prosecutor's written accusation that a given individual has committed a crime. |
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| A criminal proceeding at which the court informs the defendant of the charges being brought against him or her and the defendant enters a plea. |
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| A grand jury's written accusation that a given individual has committed a crime |
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| A defendant's plea meaning that the defendant neither admits nor denies the charges. |
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| Evidence that suggests the defendant's guilt |
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| Evidence that suggests the defendant's innocence. |
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| A request that the court prohibit the use of certain evidence at the trial |
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| A rule that states that evidence obtained in violation of an individual's constitutional rights cannot be used against. |
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| Fruit of the poisonous tree doctrine |
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| Evidence that is derived from an illegal search or interrogation is inadmissible. |
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| A process whereby the prosecutor and the defendant's attorney agree for the defendant to plead guilty in exchange for a lessor charge. |
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| Motion to require a finding of not guilty |
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| The defense's request that the court find the prosecution failed to meet its burden and that it remove the case from the jury by finding the defendant not guilty. |
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| The judge informs the jurors of the law they need to know to make their decision. |
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| Repeat offender; one who continues to commit more crimes. |
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| Interrogation--a question designed to elicit an incriminating response |
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| What was on the door in the law library per John LemMan attorney |
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| "The job of a prosecutor is not to secure a conviction but to ensure justice" |
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| Only went along with the jury, didn't agree with them. |
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| restores the community--all parties come together for a positive outcome. |
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| The loss by one spouse of the other spouse's companionship, services or affection |
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| after too many law suits they are not allowed to file anymore suits |
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