Latin Terms
Prima facie
“at first sight” or “at first look”
Who has the burden of proof in a criminal case?
Prosecution
individuals experiencing chronic unemployment may engage in theft or drug selling to obtain money, seek revenge against the person who fired them, or take illicit drugs in an effort to feel better.
Strain Theory
Exclusionary Rule
Mapp v. Ohio
Criminal liability for murder for one who participates in a felony that is dangerous to life and causes the death of another.
Felony Murder
Voir Dire
“to speak the truth”
What is the burden of proof in a civil case?
Preponderance of the evidence
low self-control individuals are highly likely to commit criminal conduct.
General Theory or Self Control Theory
indigent persons accused of crimes must be given an attorney at the public’s expense.
Gideon v. Wainwright
The taking of the property of another out of his or her presence by means of force and violence or the threat thereof.
Robbery
In loco parentis
“instead of a parent”
What do you need to obtain a search/arrest warrant?
Probable Cause
deviance is learned through interactions with other deviants.
Differential Association Theory
The imposition and carrying out of the death penalty was held to constitute cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments
Furman v. Georgia
Unlawful offer or attempt with force or violence to hurt another
Assault
Mala in se
“wrong or evil in itself”
Any reasonable person would suspect that a crime was in the process of being committed, had been committed or was going to be committed very soon.
Reasonable Suspicion
crime in any society is caused by class conflict and that laws are created by those in power to protect their rights and interests.
Conflict Theory
Warrantless use of thermal-imaging devices to monitor heat emissions from a private residence violates the Fourth Amendment protection against unreasonable searches.
Kyllo v. U.S.
The murder of multiple victims, in one act or transaction, by one perpetrator or a group of perpetrators (4 or more victims)
Mass Murder
Stare decisis
“to stand by things decided”
___________ describes the standard that a party seeking to prove a fact in court must satisfy to have that fact legally established. There are different standards for different circumstances.
Burden of Proof
criminal behavior is a result of individual differences in thinking processes.
Psychological Theory
The Court ruled that indigent members of society (in this case, when charged with a capital crime, must be given competent counsel at the expense of the public.
Powell v. Alabama
Intentionally but without malice causing the death of another person, as in the heat of passion or in response to strong provocation without an opportunity to cool off.
Voluntary Manslaughter