POL 220 Chapter 14: Criminal Practice: Criminal Law and Juvenile Law

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