1crime
wrong or social evil
2model penal code
collection of criminal statutes, created for the states to adopt in whole or in part and has helped create uniformity in criminal law
3presumption
inference in support of a fact
4rebuttable presumption
inference that may be rebutted or challenged
5deter
to discourage others from doing something by instilling fear of the consequences
6incapacitation
the act of restraining a person from taking certain actions
7rehabilitation
the process of helping a person attain or regain their potential as a citizen; may take the form of counseling or therapy
8retribution
concept that a particular type of punishment is morally justified by the crime that was committed
9deterrence, incapacitation, rehabilitation, and retribution
purposes of criminal law (4)
10mens rea
mental element of a crime; sometimes called the “guilty mind”
11purposeful, knowing, reckless, negligent
states of mind that fulfill mens rea requirement (4)
12purposeful act
act performed willfully or voluntarily
13knowing act
act performed willfully or voluntarily
14reckless act
act where a person is careless or indifferent to the consequences of the action
15negligent act
act where a person acts with a substantial and unjustifiable risk
16inferences
logical conclusion of fact, not directly supported by evidence
17actus reus
physical element of a crime; the guilty act or the physical aspect of the crime
18voluntary act
requirement for actus reus; unconstrained act
19felony
most serious category of crime, punishable with a minimum of one year of imprisonment
20misdemeanor
less serious crime, punishable with up to one year of imprisonment
21homicide
taking of the life of a human being by another
22first-degree murder
homicide that is premeditated, willful, and deliberate
23second-degree murder
homicide that involves an impulsive act, rather than a premeditated act
24manslaughter
lesser crime than murder
25battery
reckless or intentional, harmful or offensive touching of another; it is both a crime and a tort
26assault
the placing of another in apprehension or fear of an imminent battery; both a crime and a tort
27kidnapping
unlawful taking, confinement, and carrying away of another person, by threat, force, fraud, or deception
28false imprisonment
intentional interference with another person's liberty through force or threat without authority
29enhancement
requirement or policy that mandates additional sentencing for specific criminal behaviors or patterns of behavior
30defense
explanation of why the person complaining should not prevail in the action
31no contest
a plea where the defendant neither admits nor denies the charges it is treated as a guilty plea by the court
32burglary
unlawful entry of a structure or building for the purpose of committing a felony inside
33juvenile delinquents
a minor, as defined by law, who violates a criminal law
34collateral consequences
sanctions and disqualifications that can place an unanticipated burden on rehabilitated juveniles
35sealing
removal of a criminal record from public view and prevent access to unauthorized individuals
36dispositions
final decisions in an outcome of a criminal case