The Law Basics
An act or omission that the law makes punishable, generally by fine, penalty, foreclosure or confinement
What is a crime?
A defense in which the defendant claims the prosecution’s case is lacking
What is failure of proof?
Making or altering a writing with the purpose of deceiving or injuring in such a way as to convey a false impression concerning its authenticity
What is forgery?
This amendment protects against unreasonable search and seizure
What is the 4th Amendment?
You get mad, make a plan and stab someone in the heart killing them.
What is murder?
Intent or culpability
What is mens rea?
This reduces level of culpability
What is a mitigating defense?
Taking and carrying away the property of another without consent and with the purpose of stealing or permanently depriving the owner of possession
What is larceny?
This states that no person be tried twice for the same crime in the same jurisdiction
What is double jeopardy?
The act of seeking to persuade someone else to commit a crime with the intent that the crime be committed
What is solicitation?
A serious crime that is usually punishable by imprisonment for more than one year
What is a felony?
In order to use this, you must show the necessity of use of force, the proportionality of force to the threat, and, a reasonable belief that force was necessary
What is self-defense?
Death of a newborn
What is infanticide?
This is decided based on an evolving standard of decency.
What is cruel and unusual punishment?
When an agent of the government, using authority granted by virtue of a legal criminal conviction, intentionally inflicts pain, loss of liberty, or some other unpleasant consequences on the person who has been convicted
What is punishment?
This follows the bullet
What is intent?
Defense where victim agrees to the actors conduct
What is consent?
Anything that endangers life or health, gives offense to the senses, violates the laws of decency, or obstructs the reasonable and comfortable use of property
What are nuisance laws?
A level of reasonable belief, based on facts that can be articulated
What is probable cause?
Laws imposing sentences of 25 to life for those convicted of multiple offenses
What are three strikes laws or habitual offender laws?
These allow the person to be convicted without having the intent to commit the crime
What are strict liability crimes?
A defense in which, a person faced with two courses of action, chooses the lesser of the evils
What is necessity?
Felony assault with intent to maim (bodily injury that permanently dismembers, disfigures, or disables the victim)
What is mayhem?
States that laws are retroactive.
What is ex post facto?
The test for attempt used in Illinois
What is the substantial step test?