Criminal Law Ch.7 8 and 9 Test

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Criminal Law Ch.7 8 and 9 Test
2014-04-07 22:12:50

Material for Criminal Law Ch.7,8 and 9
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  1. "Dual Sovereignity" Doctrine
    A doctrine that different governments may each file separate criminal actions for the same criminal act.
  2. Res Judicata
    The doctrine that prevents a second determination of a charge or issue once it has been judicially determined in a case involving the same parties.
  3. Affirmative Defence
    A defense to a criminal charge in which the defendant generally admits doing the criminal act but claims an affirmative defense such as duress (he or she was forced) or entrapment.
  4. Alibi
    A defense to a criminal prosecution on the grounds that the defendant physically could not have committed the crime because at the time the crime was committed, he or she was at another place
  5. Coercion
    A person who forces (coerces) another to commit a crime can be charged and convicted of the crime committed in addition to other defenses.
  6. Collateral Estopell
    The doctrine that prohibits a second determination of a fact, when the fact was earlier judicially determined in a case involving the party who advances the doctrine.
  7. Corpus Delicti
    In all criminal cases, the government must prove that the crime was charged was committed (corpus delecti) and that the defendant was party to the crime (committed the crime or was an accomplice).
  8. Double Jeopardy
    A defense, stated in the Fifth Amendment, to prosecution on the grounds that the defendant has been tried before on the same charge, and acquitted
  9. Duress
    A defense to criminal prosecution on the grounds that the defendant was forced to commit the criminal act
  10. Entrapment
    The defense that a law enforcement officer used excessive temptation or urging to wrongfully induce the defendants to commit a crime they ordinarily would not have committed.
  11. Frame-up
    The defense that usually alleges that a law enforcement officer has planted false evidence, or has altered, substituted, or destroyed evidence, in an effort to convict the defendant of the crime charged.
  12. Immunity
    An exemption from criminal prosecution based on the U.S. Constitution, statutes, or international agreements.
  13. Mistake of Law
    A claim by a defendant that the defendant did not know the action taken violated the criminal law.
  14. Necessity
    A defense to criminal prosecution on the grounds that the harm to be avoided outweighed the harm caused by the crime committed. Necessity, will not justify taking another's life.
  15. Statute of Limitations
    A defense to a criminal prosecution based on a statute that sets the maximum time the government has to produce a violation of a criminal law.
  16. Transactional Immunity
    Total or full immunity for the criminal offense to which compelled testimony relates.
  17. Use immunity
    Prohibits prosecutorial authorities from using the compelled testimony in a criminal prosecution, but does not make the witness's testimony and not derived from that testimony.
  18. "Three Strikes" laws
    Laws that impose increased penalties for multiple felony convictions.
  19. Aggravating circumstances
    A consideration in imposing death penalty that judges and juries must make a finding of statutory aggravating circumstances to justify the penalty.
  20. Benefit of Clergy
    A medieval limit of punishment. People convicted of capital crime entitled to claim the benefit of clergy (by the fifteenth century, anyone who could read) could not be executed for their offense. By the end of the eighteenth century, the privilege had been eliminated for most crimes.
  21. Capital Punishment
    Inflicting deadly injury as punishment for criminal conduct.
  22. Corporal Punishment
    Inflicting non deadly physical injury as punishment for criminal conduct.
  23. Cruel and Unusual Punishment
    Under the right amendment, a limitation on punishment for criminal conduct.
  24. Forfeiture
    Going back to early English law,the concept and use of seizing property that was used to commit a crime is a strong deterrent to a crime, as is seizing the profits of crime a deterrent in crimes committed for profit.
  25. Mitigating Circustances
    A consideration in imposing the death penalty that judges and juries must make findings of the mitigating circumstances that would weight against
  26. Procedural Due Process
    A claim under the Fourteenth Amendment that there is an absence of fair procedures regulating conduct.
  27. Proportionality
    An objective evaluation of the appropriateness of a punishment for a particular crime
  28. Recidivist
    One who is a habitual criminal.
  29. Sanctuary
    In the Middle Ages in England, sanctuary was a religious place where criminal could take refuge. The concept of sanctuary later broadened to include asylum for refugees.
  30. Substantive Due Process
    A claim under the Fourteenth Amendment that the state conduct is so brutal, demeaning, and harmful as to shock the conscience.
  31. "Clear and Present Danger" test
    The test used to judge government restrictions on speech
  32. Defamation
    The offense of injuring the character or reputation of another by oral or written communication of false statements. Defamation consists of libel (written offense) or slander (oral offense).
  33. Disorderly Conduct
    Loud, obnoxious, or offensive conduct in a public place.
  34. Fighting Words
    Speech, that because it will likely incite immediate violence, is not protected by the Fist Amendment.
  35. Inciting
    The offense or urging another to commit an unlawful act.
  36. Obscenity
    • Communication that the average person, using
    • contemporary community standards, would find appeals to the prurient interests or depicts sexual conduct in a patently offensive manner and, taken as a whole, lacks serious artistic, literary, political, or scientific value.
  37. Riot
    Under the common law, a tumultuous disturbance of the peace by three or more people assembled with a common purpose to do an unlawful act.
  38. Stalking
    A crime involving activities such as spying on the victim, or attempting to communicate with the victim through the telephone or mail. Cyber stalking through the internet is also a crime.
  39. Symbolic Speech
    Nonverbal Expressions that convey a belief or idea.
  40. Threats of Violence
    Statements or actions that unequivocally convey the message that violent actions will be taken.
  41. True Threat
    A serious expression of an intent to inflict bodily harm.
  42. Unlawful assembly
    Under the common law, a gathering of three or more people for any unlawful purpose or under such circumstances as to endanger the public peace or cause alarm and apprehension.
  43. First Amendment to the United States Constitution
    The First Amendment (Amendment I) to the United States Constitution prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances.
  44. Conditions for forfiture
    Instrumentalities of the crime (vehicles, watercraft, and the like used in the commission of the crime).

    Profits of the crime (money from drug dealing, stolen goods, and so on)

    Proceeds from illegal acts. (farms, yachts, cars, homes, and other luxury goods purchased from illegal acts.)
  45. Career criminal programs are programs that:
    Operate under statutes providing additional and longer sentences for repeat offenders.

    Establish special career-criminal units in the offices of police and prosecutors that vigorously investigate frequently committed crimes or crimes following patterns. 

    Speed up prosecution of career criminals. 

    Discourage plea bargaining, which could lessen prison terms, unless the suspect incriminates associates.
  46. Posse comiatus Act
    Imposes limits on the use of military troops in civil law enforcement.
  47. Subordination of perjury
    The crime of inducting or knowingly permitting another person to testify falsely while under oath.
  48. Extradition
    The surrender of an accused criminal under provisions of a treaty or statute by one authority to another having jurisdiction.
  49. Federal Enclaves
    Federally owned and controlled lands
  50. Furman v. Georgia
    Invalidated death penalty statutes in 41 states
  51. Banishment
    A form of punishment imposed on an individual, usually by a country or state, in which the individual is forced to remain outside of that country or state
  52. Eighth Amendment to the United States Constitution
    The Eighth Amendment (Amendment VIII) to the United States Constitution is the part of the United States Bill of Rights (ratified December 15, 1791[1]) prohibiting the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments, including torture. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual Punishment Clause also applies to the states.