Criminal law basics
What is criminal law?
Law that define crimes and establish punishments.
What is actus reus?
The prohibited criminal act or omission.
What is actual possession?
Having direct physical control over an item.
What does the Fourth Amendment protect against?
Unreasonable searches and seizures.
What is burglary?
Unlawful entry into a building or structure with intent to commit a crime inside, as defined by applicable law.
What is a felony?
A serious crime generally punishable by more than one year in prison
What is mens rea?
The mental state required for a crime.
What is constructive possession?
Having knowledge of and the ability to exercise control over an item without physically holding it.
What does the Fifth Amendment protect against?
Compelled self-incrimination, among other protections.
What is robbery?
Taking property from a person through force or threat of force.
What is a misdemeanor?
A less serious crime generally punishable by up to one year in jail.
What does criminal intent mean?
The mental state required by law when committing an offense.
What is an accomplice?
Someone who intentionally helps another person commit a crime.
What does the Sixth Amendment guarantee?
Rights including counsel and a speedy public trial.
What is assault?
Conduct such as threatening imminent harmful contact, depending on state law.
What is the prosecution's burden of proof in a crime trial?
Beyond a reasonable doubt.
What is an omission?
Failure to act when there is a legal duty to act.
What is an attempt?
Taking a legally sufficient step toward committing a crime with the required intent.
What does the Eighth Amendments prohibit?
Excessive bail, excessive fines, and cruel and unusual punishment.
What is self-defense?
Using legally justified force to protect oneself from an unlawful threat.
What is the difference between civil and criminal law?
Criminal law addresses offenses against society; civil law resolves private legal disputes.
What is concurrence in criminal law?
The required mental state and criminal act must coincide.
What is an accessory after the fact?
Someone who knowingly helps an offender avoid arrest or punishment after a crime.
What is probable cause?
Facts sufficient to support a reasonable belief that a crime occurred or that evidence will be found in a particular place.
What is the difference between murder and manslaughter?
Murder generally involves a more culpable mental state, while manslaughter involves lesser level of culpability or legally recognized mitigation.