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
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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