Law 7&8

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Law 7&8
2012-06-10 17:36:37
pre law

chapter 7 and 8
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  1. Nolo Contendere
    Defendent won't contest claims against them. (Pleads guilty to one specific offense but itsn't an admitance of guilt to other crimes or parts of that crime)
  2. Exclusionary Rule
    A judical remedy that under some circumstances exluedes from trial evidence obtained by the proscecution because it was obtained by the police as a byproduct of infringing a crinimal defendents constitutionally protected rights.
  3. Exclustionary rule doesn't apply to
    impeach a witnesses testimony.
  4. Retribution
    Type of punishment that seeks to even the score, an eye for an eye
  5. Bill of Attainder
    a legislative act that declares a person guilty of a crime and imposes a punishment (Used in lieu of judical processes ILLEGAL)
  6. Bill of Attainder is a ____ type of act
  7. Indictment definition and when it is given
    A written accustation that one or more persons have committed a crime, presented in oath by a grand jury (The person against whom the indictment is returned is said to be indicted)
  8. Recognizance
    An unsecurred promise to appear in court when required (a form of bail)
  9. Actus Reus
    An overt wrongful act ex.
  10. example of actus reus
    • the crime of theft requires physically taking something (the actus reus)
    • coupled with the intent to permanently deprive the owner of the object (mens rea)
  11. Habeas Corpus
    A writ used to require that a detained person be brought before the court. The habeas corpus review is to test legality of detention
  12. crime
    a wrong committed against the public
  13. Probable Cause
    Reasonable groud for suspicion supported by circumstances suffiencently strong to warrent a caustious man to believe that an accused person is guilty of the offense with whihc he is charged
  14. Battery
    an unlawful touching, beating, wounding or laying hold however triffling of another person or persons clothes without consent
  15. Ex Post Facto
    laws that make acts criminal that were not criminal at the time they were commited
  16. ex post facto laws are only in
    legislative not in the courts!
  17. Rehabilitation
    the restoration of someone to a useful place in society
  18. Arriagnment
    Is when a criminally accused person formally appears before a court for the purpose of having them answer the charges brought by the prosecution.
  19. Crime Mala in se
    instrinsically wrong requires proof of criminal intent
  20. crime mala prohibita
    traditional label for illegal acts which are not instrinsically bad they are only criminal because the law defines them as such
  21. What are the 4 components of a criminal act
    wrongful act, causation, guilty mind and concurrence between mind and act
  22. mens rea
    criminal state of mind
  23. vicarious liability
    substituted or indirect responsibility (ex employee for employee within scope of their employment)
  24. causation
    an element that must be proved in some but not all criminal cases and in negligence and some strict liability cases in tort
  25. Proximate Cause
    something that produces a result with out which the result could not have occurred
  26. inchoate crime
    preparatory action attempt solicitation or conspiracy
  27. irresistible impusle
    a test that provides a criminal defendant is not guilty by reason of insanity, if defendant knows it is wrong but cannot refrain due to a mental illness they would pass
  28. Insanity
    a defense that states that the defendant lacks capacity to commit crime charged
  29. entrapment
    a defense raised in a criminal prosecution where an officer induces a person who was not other wise so disposed to commit the crime.