Criminal Law Basics
This refers to the “guilty mind” or criminal intent.
mens rea
This defense applies when someone breaks the law to prevent greater harm.
necessity
This amendment protects against unreasonable searches and seizures.
Fourth Amendment
This amendment protects freedom of speech, religion, press, assembly, and petition.
First Amendment
Talking directly to solve a disagreement.
negotiation
A crime that does NOT require proof of intent is called this type of crime.
strict liability crime
This defense involves being forced or threatened into committing a crime.
Duress
A reasonable belief that a crime has occurred.
probable cause
Criticizing government officials is generally protected under this.
free speech
A neutral person helps parties reach their own agreement.
mediation
Threatening someone with harm, without physical contact, is this crime.
assault
Using reasonable force to protect yourself from immediate danger is this defense.
self-defense
A lower standard that allows police to briefly stop someone.
reasonable suspicion
False statements that damage someone’s reputation.
defamation
A neutral third party makes a binding decision.
arbitration
Unlawfully taking someone’s property with intent to keep it permanently is this.
This defense argues a person could not understand their actions due to mental illness.
insanity defense
Court order required for most legal searches.
warrant
Written defamation is called this.
libel
Federal law overrides conflicting state laws under this rule.
Supremacy Clause
Explain the difference between assault and battery.
Assault is a threat of harm; battery is physical contact or harm.
Why is the necessity defense sometimes NOT allowed in serious crimes like murder?
Because courts generally do not justify taking a life to prevent harm.
Evidence obtained illegally may be excluded in court under this rule.
exclusionary rule
Online harassment that becomes illegal due to serious harm is called this.
cyberbullying
Explain the difference between probation and parole.
Probation is supervision instead of prison; parole is supervision after early release from prison.