Criminal Law Basics
The required guilty act in most crimes.
What is actus reus?
The legal standard needed to make an arrest in most cases.
What is probable cause?
The person who speaks for the state in a criminal case.
Who is the prosecutor (District Attorney/ADA)?
Release from prison under supervision before the full sentence is served.
What is parole?
A court order that legally restricts contact between two people.
What is a restraining order (protective order)?
The required guilty mind/intent element.
What is mens rea?
A brief police stop based on specific facts suggesting criminal activity.
What is a Terry stop (stop-and-frisk)?
The standard of proof required for a guilty verdict in criminal court.
What is beyond a reasonable doubt?
A community-based sentence where the person is supervised instead of incarcerated.
What is probation?
A model that describes stages victims may experience, often including shock and adjustment.
What is the victimization process/trauma response model? (Accept: “cycle of trauma”)
A defense arguing the defendant lacked the mental capacity to understand right from wrong.
What is the insanity defense?
A warning police must give before custodial interrogation.
What are Miranda warnings?
The process where the defense and prosecution question potential jurors.
What is voir dire?
A system that emphasizes punishment proportional to the crime and “just deserts.”
What is retribution?
When someone is treated as partly responsible for their victimization due to stereotypes or bias.
What is victim blaming?
When someone takes a substantial step toward committing a crime but doesn’t finish it.
What is attempt?
Evidence obtained illegally that is usually barred from trial.
What is excluded evidence under the exclusionary rule?
A decision by a judge that a trial cannot proceed because the jury can’t reach a verdict.
What is a mistrial (hung jury)?
A sentencing approach focused on treating the offender to reduce reoffending.
What is rehabilitation?
Juvenile court principle that prioritizes treatment and guidance over punishment.
What is parens patriae?
A principle that requires a crime to have a clear legal definition before someone can be punished for it.
What is legality (no crime without law)?
Exception allowing police to search without a warrant when there’s immediate danger of evidence being destroyed.
What are exigent circumstances?
A formal agreement where the defendant pleads guilty in exchange for a reduced charge or sentence.
What is a plea bargain?
A policy that requires a fixed prison term after a certain number of felony convictions.
What is a three-strikes law?
A process where a juvenile is transferred to adult court for prosecution.
What is waiver (transfer) to adult court?