Crime
In addition to intent, these elements must be present to charge this crime: fear or apprehension of imminent harm, and actual or attempted physical contact
What is Assault?
This theory justifies punishment based on society's desire to mete out deserved punishment for the commission of offenses against laws which define and protect the freedom of its members.
What is the Retribution Theory?
This is your defense if someone used threats to make you do something you wouldn't do voluntarily
What is Duress?
This mitigating factor affects the specific charge of a crime: if a criminal has an intent to commit a crime and takes a substantial step toward completing the crime, but for reasons not intended by the criminal, the final resulting crime does not occur.
What is Attempt?
Latin for "guilty act." this essential element of every crime is the conduct resulting in criminal liability
What is Actus Reus
When a person suffers injury from a willful and unlawful touching, this charge can be brought.
What is Battery?
This refers to having policies in place that will scare people from committing crimes
What is the Deterrence Theory?
If you've been tricked into committing a crime by an official of the government, you may have this defense
What is Entrapment?
As opposed to a statute, a law enacted by a municipality
What is an ordinance?
The term used when a person intends to cause a particular (criminal) result when committing an act.
What is Specific Intent?
Defendants are charged with this crime when they commit an unlawful or unauthorized entry into a building, home, or vehicle with the intent of committing a crime, usually theft, once inside.
What is a Burglar, burglary?
This theory holds that punishments should shape and improve the future behavior of the criminal
What is the Theory of Rehabilitation?
If you can argue that your actions were not morally wrong, but rather undertaken for excusable reasons, you may have this defense.
What is Justification?
This level of state court is the first to hear a criminal case
What is Trial Court/Circuit Court?
When the intention to harm one individual inadvertently causes a second person to be hurt instead, it's referred to as...
What is Transferred Intent?
This charge will arise when a person makes a false statement under oath, knowing it to be false
What is Perjury?
After conviction by a trial court, a criminal defendant can have his case heard at this type of court
What is an Appellate Court?
If formal prosecution is not commenced against within a certain amount of state-mandated time, you may have this defense
What is Statute of Limitations?
From the Constitution, these Amendments can help a criminal defendant preserve hi or her rights.
What is the Bill of Rights?
This element arises from the theory that failure to perform a legal duty when one has the capacity to do so can result in criminal liability
What is Omission?
Also known as blackmail, this crime consists of a threat made in order to take another person's money or property.
What is Extortion?
Postulating that this form of punishment is the ultimate deterrence, utilitarian theory supports this type of criminal penalty
What is the Death penalty?
This Rule was the first legal standard for the defense of insanity
What is the M'Naghten Rule?
This Amendment protects criminal defendants from "cruel and unusual" punishments
What is the 8th Amendment?
Adultery, incest, bigamy and dueling are classic examples of crimes subject to this Rule, which precludes defendants being charged with conspiracy for a crime which requires at least two people to act in congruence.
What is Wharton's Rule?