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memorize.ai (lvl 286)

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defenses of justification

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Government Law Politics

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Last updated

1 year ago

Date created

Mar 14, 2020

Cards (43)

Section 1

(43 cards)

defenses of justification

Front

Defenses based on the commission of an act under circumstances where criminal law does not seek to punish; includes using force in self-defense, defense of other persons, or defense of property.

Back

precedent:

Front

A case previously decided that serves as a legal guide for the resolution of subsequent cases

Back

Bill of Rights

Front

The first ten amendments to the U.S. Constitution, guaranteeing certain rights and liberties to the people.

Back

mistake of fact

Front

Defense in which a mistake regarding a factual matter would have justified the act or omission that is the subject of a criminal prosecution

Back

guilty act (actus reus):

Front

Requirement that, for an act to be considered criminal, the individual must have committed a voluntary act that resulted in criminal harm.

Back

elements of a crime

Front

Five principles of a crime that are critical to the statutory definition of crimes and that the prosecution is required to prove beyond a reasonable doubt: guilty act, guilty intent, relationship between guilty act and guilty intent, attendant circumstances, and results.

Back

self-defense

Front

The commission of an act under circumstances the criminal law does not seek to punish such as using force in defense of oneself, other persons, or property

Back

law

Front

Body of rules enacted by public officials in a legitimate manner and backed by the force of the state.

Back

civil law

Front

Law governing private parties; other than criminal law

Back

attendant (accompanying) circumstances:

Front

Conditions surrounding a criminal act—for example, the amount of money stolen in a theft.

Back

judge-made law

Front

The common law as developed in form and content by judges or judicial decisions.

Back

statutes

Front

Laws enacted by federal and state legislatures

Back

stare decisis

Front

: Latin phrase meaning "let the decision stand"; doctrine that requires a judge to decide a case by applying the rule of law found in previous cases, provided the facts in the current case are similar to the facts in previous cases

Back

municipal ordinance

Front

A statutory law enacted by a local unit of government.

Back

adversary system

Front

The burden is on the prosecutor to prove the defendant guilty beyond a reasonable doubt, and the defense attorney is responsible for arguing for the client's innocence and asserting legal protections.

Back

violations

Front

crimes subject to a fine or short jail term

Back

due process of law

Front

A philosophy of criminal justice based on the assumption that an individual is innocent until proven guilty and has a right to protection from arbitrary power of the state.

Back

procedural law

Front

Law that establishes the methods to be followed in starting, conducting, and finishing a lawsuit

Back

felonies:

Front

The more serious of the two basic types of criminal behavior, usually bearing a possible penalty of one year or more in prison

Back

alibi defense

Front

A defense that argues the defendant could not have committed the crime. For example, a defendant argues that witnesses can show he was somewhere else at the time the crime was committed.

Back

criminal intent (mens rea)

Front

The mental state required for a crime to have been committed

Back

Anglo-American law

Front

US law

Back

constitution

Front

The first document that establishes the underlying principles and general laws of a nation or state.

Back

infancy

Front

A criminal defense where children seven years and under are considered legally incapable of forming criminal intent and, therefore, cannot be held criminally responsible for their actions.

Back

crime control model

Front

A perspective on the criminal justice process that prioritizes the repression of criminal conduct

Back

common law:

Front

Law developed in England by judges who made legal decisions in the absence of written law. Such decisions served as precedents and became "common" to all of England. Common law is judge-made; it uses precedent, and it is found in multiple sources.

Back

due process model

Front

A perspective on the criminal justice system that emphasizes protecting the rights of the individual

Back

criminal defense

Front

Attempts to cast doubt on the defendant's guilt.

Back

administrative regulations

Front

Rules and regulations adopted by administrative agencies that have the force of law.

Back

selective incorporation

Front

The legal doctrine whereby the Supreme Court ruled that the due process clause of the Fourteenth Amendment made some provisions of the Bill of Rights applicable to the states.

Back

misdemeanors

Front

Lesser of the two basic types of crime, usually punishable by no more than one year in jail.

Back

criminal justice system

Front

The numerous public agencies involved in implementing public policy concerning crime.

Back

attempt

Front

An act done with the intent to commit a crime; an overt act toward its commission; the failure to complete the crime; the apparent possibility of committing it.

Back

corpus delicti

Front

The essential elements of a crime that the prosecution must prove beyond a reasonable doubt.

Back

insanity defense

Front

An excuse defense that seeks to justify acts committed by defendants because their mental state prevented them from understanding the consequences of their actions.

Back

procedural defenses

Front

Defenses that focus on compliance with the rules and processes of the criminal justice system, such as the right to a speedy trial

Back

necessity

Front

Defense that allows a defendant to argue that his or her conduct should either be excused entirely or mitigated to a less serious charge because mens rea was formed under extraordinary circumstances that render it unfair to hold the defendants responsible for the unlawful conduct

Back

juvenile delinquency

Front

An act committed by a juvenile, which would be a crime for an adult.

Back

criminal law

Front

Laws passed by government related to actions that are considered so dangerous, or potentially so, that they threaten the welfare of society as a whole.

Back

CSI effect

Front

Heightened juror expectations and demands for scientific evidence as a result of changes in popular culture brought about by rapid scientific and technological advances and widespread dissemination of information about them.

Back

defenses of excuse

Front

Defenses seeking to excuse acts committed by defendants who should not be held criminally responsible for their actions because they were too young or because their mental state prevented them from understanding the consequences of their actions.

Back

result

Front

A consequence of a criminal act

Back

substantive law

Front

Law that creates legal obligations. Tort, contract, and domestic relations are examples of substantive civil law. Murder, robbery, and burglary are examples of substantive criminal law.

Back