Categories of Crime
This type of crime is punishable by at least 1 year in prison or possibly death.
What is a Felony?
The body of rules and regulations that define and specify the nature of and punishments for offenses of a public nature or for wrongs committed against the state or society
What is Criminal Law?
The claim that the defendant could not have committed the crime because he or she was elsewhere at the time
What is an Alibi?
The Latin term for the Criminal Act
What is Actus Reus?
A U.S. citizen's actions to overthrow the government.
What is Treason?
Refers to the law on the books; Written, codified laws.
What is Statutory Law?
Self Defense or the Defense of Others is considered this type of Criminal Defense
What is Justification?
The state of mind that accompanies a criminal act; the defendant’s mental state at the time of the crime
What is Mens Rea? (A Guilty Mind)
This must happen before a suspect is questioned by law enforcement after an arrest.
What is to read the Miranda Rights?
An Offense not yet completed, such as Attempted Burglary or Conspiracy to Commit Murder
What is an Inchoate Offense?
Governs relationships between and among parties. Typically seeking compensation, not punishment
What is Civil Law?
Duress, Insanity and Involuntary Intoxication are considered this type of Defense
What is an Excuse?
Requires that the act and the mental state occur together in order for a crime to take place
What is Concurrence?
A minor offense such as littering or violating a noise ordinance.
What is an Infraction?
Body of regulations governments create to control the activities of industries, businesses, and individuals
What is Administrative Law?
Police Fraud, Entrapment, and Prosecutorial Misconduct are considered this type of Criminal Defense.
What is Procedural Defense?
The 4 levels of Mens Rea are: Intentional, Knowing, Reckless and_________
What is Negligent?
This type of crime is punishable by less then a year in county jail.
What is a Misdemeanor?
Law of precedent, comes from judicial decisions
What is Case Law?
This prohibits a second trial for the same offense; –Does not prevent someone from being tried in both civil and criminal court
What is Double Jeopardy?
A person’s reason for committing a crime; not an essential element of a crime
What is Motive?
Principle that a person cannot be punished for a crime until the law has been applied fairly
What is due process of law?