CHAPTER 1 KEY TERMS
CHAPTER 1 KEY TERMS 007312
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This 3 page Study Guide was uploaded by Charlinda Hartfield on Wednesday September 23, 2015. The Study Guide belongs to 007312 at University of Southern Mississippi taught by Michael McPhail in Summer 2015. Since its upload, it has received 19 views. For similar materials see Criminal Law in Criminal Justice at University of Southern Mississippi.
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Date Created: 09/23/15
KEY TERMS CH 1 Actual cause harm caused by the actual conduct of an accused person Actus reus Latin for quotguilty act Administrative law Policies and regulation that govern and restrict behavior within government agencies Attendant circumstances Event that must accompany certain crime definitions Beyond a reasonable doubt Proof of moral certainty standard for criminal conviction Burden of proof Lega standard required to hold one accountable for criminal and civil harm Butfor test Regarded as actual cause when harm would not have occurred but for the conduct Canon law Laws of the Catholic Church Capital felony Crimes eligible for the punishment of death or life imprisonment Case law Body of law derived over time by judicial opinion Civil law A body of law that regulates claims of private wrongs Code of Hammurabi Widely regarded as the first set of written laws contains some 300 criminal and civil laws developed by Babylon s King Hammurabi between 1792 and 1750 BC Common law Laws common to the circuits of Old England consisted ofjudicial rulings regarding the application and interpretation of laws customs and prior case decisions Compensatory damages Actual expenses associated with wrongful conduct Constitutional law Substantive and procedural dictates contained within the constitutions of the United States and its independent states Constructive intent Actions committed with recklessness or negligence Corpus delicti Latin for quotbody of the crime meaning good reason to believe that a crime was committed and that the accused committed the crime Crime Public wrong committed against the welfare of society commission of a prohibited act or commission of a required act without defense and codified as a felony or misdemeanor Criminal law Body of law comprised of substantive and procedural rules of conduct Culpable Worthy of blame Declaratory relief Civil determination of a person s rights under a contract or statute Democracy Form of government where elected leaders make decisions for the populous with no legal safeguards Deviance Behavior that breaches or deviates from social norms or a statistical anomaly Federalism Nationalized strong central government that recognizes state sovereignty Felony Crime for which punishment is death or 1 year or more in a federal or state prison General intent Malevolent or wrongful design committed with no particularized objective Gross misdemeanor Crime for which incarceration ranges from 6 to 12 months Infraction The violation of an ordinance Injunctive relief Court order requiring one to do or stop doing harm Intervening cause Event that severs or breaks the connection between conduct and harmful consequences thereby negating legal causation Jurisdiction Court authority to hear and decide a case Least restrictive mechanism Binding promise that government action will be implemented with every effort to minimize intrusion into the lives of its people Legal cause Recognizes the unfairness of imposing criminal penalties when the person who caused the harm did not intend to do so or was unable to reasonably anticipate danger Lesser include offense Crime possessing most elements of a more serious crime but missing some key component Mala in se Latin for quotwrong in itself Mala prohibita Wrong merely because it is legally regulated Mens rea Latin for quotguilty mind Misdemeanor Crime for which punishment is less than 1 year in jail andor a fine Misprision of felony Concealment or suppression of a felony committed by another Natural law Rules of conduct established by the author of human nature Negligence Failure to exercise a reasonable standard of care when unaware of pending danger Nulla poena sine lege Latin for quotno penalty without a law Ordinance Regulation of behavior at the county and municipal level Ordinary misdemeanor Crime for which incarceration ranges from 3 to 6 months in jail Petty misdemeanor Crime for which incarceration ranges from ten to thirty days in jail Porkbarrel politics The act of exchanging political favors for financial compensation Positive law Manmade law to protect societal members Precedent Judicial practice where inferior lower courts evaluate higher court decisions when addressing legal issues Preponderance of the evidence Standard used in civil court where one need only establish a greater likelihood that harm occurred Procedural law Branch of law that outlines the procedures to be following by those empowered with criminal justice duties Property crime Designated by the Federal Bureau of Investigation as the most serious property crimes in America burglary arson larcenytheft and motor vehicle theft Proximate cause Proof that the defendant was in fact that one who caused the harm in question Punitive damages Court damages calculated to punish people with the aim of deterring similar harmful acts in the future goal is to teach wrongdoers a lesson that will not be forgotten Recklessness Failure to exercise a reasonable standard of care when danger was foreseeable Republic Form of government where elected leaders operate under the dictates of a Constitution to safeguard the best interest of the nation Social contract theory American citizens voluntarily waive rights privileges and liberties guaranteed in the United States Constitution in exchange for government protection Specific intent Willful intentional and stubborn purpose Stare decisis Latin for quotlet the decision stand Statutory law Laws which are enacted by legislatures Strict liability Presumed guilty without regard to mental fault Substantial factor test Assesses whether actions contributed significantly to resulting harm Substantive law ranch of law proscribing behavioral mandates placed on people Tort Civil cause of action wherein the plaintiff seeks monetary or injunctive relief Tortfeasor Person accused in civil court of causing private harm Transferred intent General intent to harm is transferred from an intended target to an unintended target True crime Requires both a guilty act actus reus and guilty mind mens rea Uniform Crime Reports Annual statistical portrait of crime in America compiled by the Federal Bureau of Investigation Violations Statesanctioned crime punished with fines only not recorded as criminal Violent crime Crimes designated by the FBI as the most serious violent crime in America murder forcible rape aggravated assault and robbery Wobblers Crime that can be a misdemeanor or felony
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