/
Chapter 3 Flashcards Chapter 3 Flashcards

Chapter 3 Flashcards - PowerPoint Presentation

pasty-toler
pasty-toler . @pasty-toler
Follow
405 views
Uploaded On 2016-05-11

Chapter 3 Flashcards - PPT Presentation

Accessories Accessories individuals who contribute in some way to the crimes commission accusatorial system accusatorial system the defendant is presumed guilty unless he or she can prove innocence ID: 314843

law sentences defendant criminal sentences law criminal defendant defense time system crime crimes offenses offenders guilt intent prove based

Share:

Link:

Embed:

Download Presentation from below link

Download Presentation The PPT/PDF document "Chapter 3 Flashcards" is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.


Presentation Transcript

Slide1

Chapter 3 FlashcardsSlide2

Accessories Slide3

Accessories

individuals who contribute in some way to the crime’s commissionSlide4

accusatorial system Slide5

accusatorial system

the defendant is presumed guilty unless he or she can prove innocenceSlide6

actus

reus

Slide7

actus

reus

in Latin, the wrongful actSlide8

adversarial system Slide9

adversarial system

the Anglo-American system of justice; an individual is innocent until proven guilty and the state must prove guilt

while

the defendant need not prove innocenceSlide10

affirmative defense Slide11

affirmative defense

the defendant admits to the facts of the crime but denies criminal intent, arguing that there were mitigating factorsSlide12

alibiSlide13

alibi

affirmative defense which in Latin means “elsewhere”Slide14

bifurcated hearings Slide15

bifurcated hearings

used in death penalty

cases, a

jury decision trial followed by a sentencing hearing and an appeals processed in verdicts of

guiltySlide16

common law Slide17

common law

the law that evolved from legal decisions based directly on custom and precedent, a distinction was made between principals and accessoriesSlide18

concurrent sentences Slide19

concurrent sentences

two or more sentences imposed and then served at the same timeSlide20

consecutive sentencesSlide21

consecutive sentences

two or more sentences imposed at the same time but served in sequenceSlide22

corpus

delicti

Slide23

corpus

delicti

literally means “the body of the crime”; the elements that must be proved to establish that a crime has been committedSlide24

criminal intent Slide25

criminal intent

specific intent or general intent; the intention to carry out a criminal actSlide26

day fine Slide27

day fine

a monetary sanction or structured fineSlide28

determinate sentences Slide29

determinate sentences

specific periods of confinementSlide30

entrapmentSlide31

entrapment

an affirmative defense that alleges that the police induced the criminal behavior; that the defendant would not have committed the crime in the absence of police interventionSlide32

equitySlide33

equity

that similar offenders and similar offenses should be treated the sameSlide34

feloniesSlide35

felonies

sentences of one year or more, including life in prison or the death penaltySlide36

good-time credits Slide37

good-time credits

time deducted from a prison sentence for good

behaviorSlide38

guilt beyond a reasonable doubt Slide39

guilt beyond a reasonable doubt

in a criminal case, a verdict must be based on evidence sufficient to prove the defendant’s guiltSlide40

horizontal overcharging Slide41

horizontal overcharging

the practice of charging a defendant with every possible criminal charge related to an offense and then using the lesser charges as bargaining chipsSlide42

inchoate offenses Slide43

inchoate offenses

attempted crimes, conspiracies to commit crimes, and other efforts that fall short of completed actsSlide44

indeterminate sentences Slide45

indeterminate sentences

ranges of time rather than specific periods to define prison termsSlide46

infancy defense Slide47

infancy defense

the argument that the defendant was too young at the time the crime was committed to distinguish between right and wrongSlide48

inquisitorial system Slide49

inquisitorial system

the

legal system in civil law countries, which places the burden of proof on the defendantSlide50

insanity defense Slide51

insanity defense

the issues is the defendant’s mental capacity at the time the offense was committedSlide52

intermediate sanctions Slide53

intermediate sanctions

punishments that are more severe than standard probation but less severe than imprisonmentSlide54

irresistible-impulse test Slide55

irresistible-impulse test

refers to a mental defect that would prevent the defendant from using that understanding to control his or her behaviorSlide56

mandatory minimums Slide57

mandatory minimums

the least-severe penalties that can be imposed on offenders convicted of committing certain crimesSlide58

mandatory sentences Slide59

mandatory sentences

penalties required by law for those convicted of certain offensesSlide60

means-based penalties Slide61

means-based penalties

a day fine; monetary sanction that accounts for each offender’s ability to paySlide62

mens

rea

Slide63

mens

rea

from the Latin; guilty mindSlide64

misdemeanorsSlide65

misdemeanors

offenses punishable by incarceration, typically limited to a year or lessSlide66

M'Naughton

rule Slide67

M'Naughton

rule

first applied in England in 1843; addresses the defendant’s understanding of the difference between right and wrongSlide68

personal offense Slide69

personal offense

aggravated assault,

rape,

or robberySlide70

petty misdemeanors Slide71

petty misdemeanors

violations or infractions; the least-serious crimesSlide72

plea bargaining Slide73

plea bargaining

the negotiation that goes on between the defense attorney and the prosecutor regarding sentences,

counts,

and chargesSlide74

preponderance of the evidence Slide75

preponderance of the evidence

a verdict in a civil case is based on the amount of evidence necessary to decide the case in favor of one party or the otherSlide76

presumption of innocence Slide77

presumption of innocence

a defendant is presumed innocent in a court of law and the state must prove guiltSlide78

presumptive sentences Slide79

presumptive sentences

sentences calculated using a method defined in the statutesSlide80

principalsSlide81

principals

those who actually commit a crimeSlide82

probationSlide83

probation

an alternative to incarceration; a court-ordered period of correctional supervision in the communitySlide84

procedural law Slide85

procedural law

law which governs arrest, prosecution, and trial of criminal offendersSlide86

property offenders Slide87

property offenders

offenders who repeat these offenses are more likely to be sentenced if they are already convicted felonsSlide88

proportionalitySlide89

proportionality

that punishment should be as severe as the crime was seriousSlide90

Racketeer Influenced and Corrupt Organizations (RICO) Statute Slide91

Racketeer Influenced and Corrupt Organizations (RICO)

Statute

a Federal Statute that has the most conspicuous use of fines in major criminal cases; a component of the Organized Crime Control Act of 1970Slide92

sentencing guidelines Slide93

sentencing guidelines

prescribe the sentences judges must impose for certain crimes Slide94

social debt Slide95

social debt

that a sentence should incorporate some recognition of the offender’s criminal historySlide96

substantive law Slide97

substantive law

law

made by Congress and the 50 state legislatures that define those behaviors that constitute crimes in the jurisdiction under their controlSlide98

vertical overcharging Slide99

vertical overcharging

charging a suspect with more serious charges than can be proved in courtSlide100

writ of habeas corpus Slide101

writ of habeas corpus

prisoners assert that they are being held unjustly and ask the court to require the state to justify

the

prisoner’s

conviction and incarceration