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| The physical component of a crime; the act that accompanies the intent |
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| defenses in which the defendant admits to the essential elements of the crime charged but ofers an excuse or justification that negates criminal responsibility |
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| refers to a “cycle of violence” that induces a state of “learned helplessness” and keeps a battered woman in the relationship; may end with a violent reaction causing death to abuser |
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| a procedure by which a judge, rather than a jury determines the guilt or innocence of a defendant |
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| Legal principle that dictates on whom (plaintiff or defendant) the requirement to establish one's case rests |
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| a person has a reasonable expectation of safety in his or her home an may defend him or herself without retreat |
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| an element required to demonstrate that a person's conduct “causes the harm proscribed by law |
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| A justification defense aka necessity, raised when a person commits what under normal circumstances would be a crime to prevent a greater harm from occurring |
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| a statement by the plaintiff setting forth the cause of action |
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| a coexistence of two or more conditions for the elements of a crime or harm to be met |
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| an intermediate level court in which the outcome of cases from lower level courts are appealed |
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| a legally prohibited action that is deemed injurious to the public welfare |
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| having to do with the nature of crime; an individual guilty of a felony or misdemeanor |
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| actions by an offender that demonstrate reckless disregard for another, and such action leads to an injury or other harm |
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| Cruel and unusual punishment |
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| sometimes seen as a vague and unspecified concept of the eighth amendment, a guarantee by the constitution that punishment shall not be excessive. |
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| the failure to act in a situation that results in harm to another |
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| a degree of force used to apprehend suspects that may result in death or bodily harm |
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| dependent intervening cause |
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| refers to a condition that must be present for the incident to occur, and will not absolve a defendant of criminal liability |
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| county, state or federal level trial courts having general and original jurisdiction |
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| conduct that otherwise would be criminal may be excused if committed under duress. At common law, several elements had to be satisfied to establish the defense of duress; a reasonable belief or fear; of a present, imminent, and impending threat of death or serious injury; to him or herself or another (sometimes limited to a close relative); from which there was no reasonable escape or alternative course of action; and the danger or threat was not brought about by the defendants own conduct |
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| a legal defense in which a person claims to have committed an offense that he or she would not otherwise have committed but did due to inducement or persuasion by law enforcement officials |
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| equal protection of the laws |
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| fourteenth amendment clause guaranteeing all citizens, regardless of race, color, gender, class, origin or religion, equal protection under the law |
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| a situation in which a defendant admits committing the accused act, and even that the act was wrong and the ensuing harm regrettable, but claims that his or her conduct should be excused because of extenuating circumstances such as insanity or duress |
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| laws that retroactively make an act illegal or increase the penalty for an existing crime, held to be unconstitutional |
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| an ordinance or statute that clearly defines what conduct is prohibited or required |
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| federal insanity defense reform act |
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| created in 1984, and governing all trials in federal courts that involved the insanity defense, the federal insanity defense reform act makes it more difficult for a defendant to be found insane than the tests under the model penal code and M'Naghten. The defense must prove that the defendant was unable to appreciate the nature and quality or the wrongfulness of his or her acts at the time of the commission of the acts and that such diminished capacity was the result of a severe mental disease or defect. |
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| a serious crime punishable by more than 1 year in state or federal prison |
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| the idea that future crime can be prevented by inflicting punishment on one lawbreaker to deter others |
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| method of legal proof used in court that establishes that actions can indicate a criminal purpose (trespassing, or breaking and entering) |
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| legal obligation in some jurisdictions to summon or render aid to others in distress |
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| GBMI is an alternative to not guilty by reason of insanity offered in some jurisdictions. Under a GBMI verdict the defendant is deemed to have been mentally ill at the time of the crime but is still criminally responsible for his or her conduct |
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| An apparent, immediate threat to life or safety that must be dealt with instantly |
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| independent intervening cause |
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| breaks the chain or causation and absolve the defendant of criminal liability |
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| a formal accusation by a grand jury to initiate a criminal case |
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| the principle addresses consideration given by a court as to whether or not a person will be held responsible for his or her actions based on age |
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| a formal criminal charge brought by the authority of a public prosecutor rather than through the indictment of a grand jury |
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| a claim by a defendant that he or she lacks the mental capacity to make a distinction between right and wrong due to a biological or psychological cause |
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| a defense to a crime. To establish involuntary intoxication as a defense, the defendant generally must show that he or she unknowingly or involuntarily ingested an intoxicating substance that prevented him or her from forming the mens rea required for conviction or understanding the difference between right and wrong |
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| only grave wrongs merit severe penalties; minor misdeeds deserve lenient punishments. Disproportionate penalties are undeserved-severe sanctions for minor wrongs or vice versa |
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| instances where the defendant admits committing the accused act but claims that the actions were appropriate under the circumstances |
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| conscious; intentional; deliberate |
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| a rule that stems from a mid 1880s english case and is used in the US as a standard to ensure that the defendant is presumed to be sane until it can be shown that he or she suffered from a defect in reason, a disease of the mind, or that he or she was not capable of knowing the nature of the crime for which he or she is charged. |
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| the mental factor necessary to prove criminality, including purpose, knowledge, recklessness, and negligence |
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| a minor crime punishable by usually less than 1 year in city/county jail and/or a fine |
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| involves a misunderstanding about the true nature of events (other than law) that, in this context, results in the commission of an act that ordinarily would be a crime |
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| presented when a person does not know the proper meaning of a law or otherwise misinterprets it |
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| assembled in 1962 by the american law institute, the model penal code was an attempt to codify american criminal law for the purpose of uniformity |
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| model penal code test for insanity |
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| a person in not responsible for criminal conduct, if at the time of such conduct, it results from mental disease or a defect, a lack of substantial capacity either to appreciate the criminality of his or her conduct, or a lack of ability to conform his or her conduct to the requirements of the law |
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| a situation in which a person commits what under normal circumstance would be a crime to prevent a greater harm from occurring |
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| a standard that is based on the perspectives of the average person on the street |
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| objective test for entrapment |
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| focuses on the conduct of the police and essentially considers whether the police's actions would likely have induced a normal, law-abiding citizen to commit the crime |
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| behavior that has a tendency to provoke others to acts of violence or to in turn disturb the peace |
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| speech that is not protected by the first amendment to the constitution |
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| doctrine that allows invalidation of laws that punish people for engaging in constitutionally protected behaviors, such as expression of speech and religious rituals |
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| a municipal court that tries those accused of violating city ordinances |
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| first pioneered by the supreme court of new hampshire in state v. pike, a test designed to facilitate full and complete expert testimony and to permit the jury to consider all relevant information, rather than restrict its inquiry to data relating to a sole symptom or manifestation of mental illness |
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| the legal principle that a person may use only that amount of force that is reasonable necessary to repel his or her attacker |
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| an action designed to result in a particular response such as assault |
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| an act from which an injury or event results as a direct, uninterrupted consequence, one that without the injury would not have occurred |
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| a penalty imposed for committing an offense against legal rules |
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| intentionally; deliberately; with a particular purpose specified |
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| doubt as would cause a reasonable and prudent person to pause and hesitate before taking the represented facts as true and relying and acting thereon |
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| conscious disregard for the consequences of one's actions |
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| retributive justification |
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| to punish in kind for wrongs committed, “an eye for an eye” |
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| as protected by the first amendment, the right of association with others without prejudice is guaranteed |
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| the individual's right to decide in what way they will share or withhold beliefs or behaviors |
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| the justifiable use of force against another person to repel an unprovoked attack |
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| focuses on the individual in question. The aim of these punishments is to discourage the criminal from future criminal acts by instilling an understanding of the consequences. |
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| a special mental element required above and beyond any mental state required with respect to the actus reus of the crime (breaking and entering with the intent to steal jewelry) |
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| legal doctrine that a court will refer to precedent cases when determining the outcome of a present case |
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| in legal terms, refers to ones condition as opposed to ones action it is not illegal to be an alcoholic, but it is illegal to drive while intoxicated |
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| a principle that dictates whether a given act seemed reasonable to the actor at the time |
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| subjective test for entrapment |
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| requires a defendant establish that (a) government conduct induced the commission of the crime, which (b) the defendant was not predisposed to commit. If a defendant was predisposed to commit the crime, the entrapment defense will not be available. The subjective test, designed to allow the police to capture unwary criminals, shifts much of the emphasis away from the conduct of the police and toward the character and criminal history of the defenant |
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| a legal principle that deems that not only is ones due process guaranteed but their substantial rights are also protected in a legal process |
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| higher level trial courts in a jurisdiction |
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| the highest appellate court in a jurisdiction |
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| a constitutional limitation on a state or federal power to enforce criminal laws |
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| cases involving personal injury and damage to or loss of property handled as civil action |
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| federal trial courts that only have jurisdiction over cases involving federal crimes or crimes alleged to have been committed against the US govt |
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| utilitarian justification |
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| a principle that supposes benefit from punishment, such as deterrence, incapacitation and rehabilitation |
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| a law that is not clearly defined |
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| in cases requiring specific intent, some jurisdictions permit the jury to consider a defendants voluntary intoxication. Some states do not permit the jury to consider evidence of voluntary intoxication under any circumstances, whereas others allow its consideration in cases involving first degree murder. There is no constitutional obligation for them to do so. |
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| an order by which a superior court can call up for review the record of a proceeding in an inferior court |
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| a limiting rule that assumes and assigns criminal responsibility to a defendant if a situation occurs within “a year and a day” of the commission of the crime that let to the onset of the condition |
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| A statute is a formal written enactment of a legislative authority that governs a state, city, or county.[1] Typically, statutes command or prohibit something, or declare policy.[1] The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations issued by government agencies. |
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