Criminal Law 1

Sixth Amendment

A constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial.

Fifth Amendment

A constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law.

Natural and Probable Consequences Doctrine

A doctrine states that an individual encouraging or assisting a crime can be liable not only for the orignal crime, but for any other offenses that are the natural and probable consequences of the crime

Criminal Law

A law that defines crimes against people on the wrong side of the law.

Void for Overbreadth

A law will be....if it prohibits action that is protected by the Constitution.

Strict Scrutiny Test

A test that states the law must be"narrowly tailored" to serve a "compelling" gov't interest.

spoke and wheel conspiracy

A type of large scale conspiracy in which one central actor (the hub) has control of all of the aspects of the conspiracy, while the other members of the conspiracy (the spokes) have control of only one aspect.

Malum in se

Act that is wrong/evil in itself

Conduct Crime

Crimes that are complete when the criminal act and criminal intent concur.

Strict Liability

Crimes that do not require mens rea or criminal intent.

Misdemeanor

a crime or offense that is less serious than a felony; any minor misbehavior or misconduct

Felony

a crime punishable by death, imprisonment for more than one year.

conspiracy

a secret agreement between two or more people to perform an unlawful act

M'Naghten test

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 disease of the mind and could not understand whether the act was right or wrong

overt act

a voluntary action taken by the defendant in furtherance of the crime of conspiracy

Duress Defense

an affirmative defense claiming that the defendant was forced to commit the wrongful act by threat of immediate bodily harm or loss of life

Libel

defamation by written or printed words, pictures, or in any form other than by spoken words or gestures.

Complicty

invlovement as an accomplice in a crime

Principal in the First Degree

one who actually commits a felony

Principal in the second degree

someone who intentionally assists with the commission of a crime and who is actually or constructively present at the time of the crime

Defamation

the action of damaging the good reputation of someone; slander or libel.

Abandoment defense

Individual must notify the principal and neutralize the effects of any assistance offered to that point

Vicarious Liability

Involves two or more parties but it takes only one party's action to trigger liability.

Malum Prohibitum

Which is not the three basic elements to criminal liability?

18

Children under the age of ... are cganged and adjudicated in the juvenile justice system.

Chain Conspiracy

Conspiracy in which various defendants perform different acts toward the accomplishment of a single criminal purpose

Solicitation

An offer to commit a crime

Actus Reus

Element of solicitation occurs when another person entices, advises, incities, orders, or otherwise encourages another to commit a crime.

Direct

Evidence that proves a fact without the need of the jury to interfer anything from it.

Malum Prohibitum

Evil because prohibited rather than inherently evil

How many elements are there for nonhomicide offenses?

Five

Common Law

Law based upon customs and judges' decisions rather than upon written codes

Omission Laws

Laws that make it a crime for someone to fail to come to the aid of another who is danger.

Accomplice Liability

Not possilbe when one of the parties to the crime is protected by applicable statue

Result

Offenses that are not complete without actual harm.

Accomplice

One who knowlingy, vouluntaryily and with common intent unites with the principal offende in the commission of a crime

Conduct

Reckless drving is and example of a .....crime.

Accesory before the fact

Solicits, encourages, or commands another to offend

Jurisdictive

The U.S Constitution divides governmental authority into three branches. Which one is NOT a branch of U.S government?

Which is not one of the three claims a defendant must assert when making an excuse defense?

The action was a result of the need to protect oneself through self-defense?

Presumption against Criminal Capacity

The common law put chi;dren into three catergories based on their capacity to commit crimes. What is the capacity of a seven-year-old?

Fourteenth Amendment

The constitutional amendment adopted after the Civil War that states, "no state shall deny to any person within its jurisdiction the equal protection of the laws."

Necessity Defense

The defendant argues that she chose between the lesser of two evils.

general

The doctrines of legality and lenity fit within the.....part of the criminal law.

General Intent

The intent to commit the actus reus or criminal act of the crime only.

Appellant

The party that appeals

Voir Dire

The process of examining potential jurors for bias

Burden of Proof

The prosecutor to establish the defendant's guilty.

Autrefois acquit

The rule of .....prohibited the retrial of a defendant who was found not guility.

Competency to Stand Trial

This deals with the defendant's ability to understand what is happening at the time of trial or a related criminal proceeding.

Entrapment

This excuse defense could be applicable if the government is found to have manufactured or initiated a crime that would not have otherwise occured.

Intermediate Scrutiny

This test is under the Equal Protection Clause of the Fourteenth Amendment for classifications based on gender.

Durham Test

This test of insanity is also known as the Durham test.

Retribution

This theory of punishment looks to the past and not future, and rests soley on the foundation of vindictive juistice.

Negligence

This type of mens rea or criminal intent in which the defendant unconsciously creates a rsik of harm and does not act like a reasonable person under the circumstances.

Individual Vicarious Liability

Used against basically anyone who contributes to a child's delinquecny, nopt just parents.

Coincidence

Which is NOT one of the basic elements of criminal liability?