Studied by 2 peopleTags & Description
mens rea
guilty state of mind meaning that the prohibited act was done intentionally
arbitration
both parties agree that one or more people listen to their argument and make a decision for them
strict liability
crime doesn’t require a guilty state of mind, the act itself is criminal
mediation
3rd party helps the disputing parties to talk and settle the differences
1st degree murder
commits a crime of murder with a premeditated intent to cause the death of another person, he or she caused the death or such person or of a 3rd person
1st degree manslaughter
when they recklessly cause the death of another person
2nd degree manslaughter
manslaughter with criminal negligence, he/she causes the death of another person
felony
crime penalty is prison for more than a year
misdemeanor
crime in which the penalty is less than a year
principal
person who commits the crime
accomplice
someone who helps the principal plan/commit a crime
accessory before the fact
gives principal info to commit the crime
accessory after the fact
A person knowing a crime has been committed and helps principal/ accomplice void capture/hideout
crimes of omission
failing to act may be a crime if the person had a legal duty to act
do you need to be successful with a preliminary crime in order to be charged for it?
no; these actions can be punished even if the crime is never committed
litigator
lawyers that go to court
solicitation
ask,command,urge or advise another person to commit a crime
attempt
the accused person must have both intended to commit a crime and have taken a “substantial step“ toward committing the crime
conspiracy
an agreement between 2 or more people to commit a crime.Police cannot arrest people for merely discussing a crime- the people must have taken obvious steps towards completing the crime to be guilt or conspiracy.
DWI
driving while intoxicated'; in MI it’s defined as having a bodily alcohol content of 0.08 or more
DUI
driving under the influence
gang
people who form groups closed to others, for certain common
criminal law
almost all crimes require an illegal act accompanied by a guilty state of mind
BAC
blood alcohol concentration; can be determined by blood, urine, or breath.
vandalism
the willful destruction of or damaged to, the property of another; depending on the damage, it can be charged with misdemeanor/ felony
embezzlement
unlawful taking of property by someone to whom it was entrusted
larceny
unlawful taking and carrying away of the property of another with the intent to steal it
burglary
unauthorized entry into any structure with the intent to commit a crime regardless of the time of day
robbery
unlawful taking of property from a person’s immediate possession by force or intimidation
extortion
use of threats to obtain the property of another (blackmail)
forgery
crime in which a person makes/alters a writing or document with intent to take advantage of someone/ thing
cybercrime
used in crimes against the person and against property
what are the purposes of law?
protect our safety and ensure our rights against abuses
Who makes laws
the people; Congress, legislatures, administrative agencies, courts, voters
What are the five methods of dispute settlement
informal talk
negotiation
mediation
arbitration
court action
do most cases go to trial? What happens to them?
no; charges can be dismissed or case won’t go through because of lack of evidence
what are the two types of laws?
criminal and civil
What are the three requirements of battery?
intent
contact
physical harm
Is contact necessary for an assault to occur?
no
how can we prevent crime in schools and our communities?
police awareness/community policing
what are the different types of crime against people
battery, assault, homicide, kidnapping, etc.
Why do some teens and young adults join gangs? What can be done to prevent them from joining gangs?
identity, recognition, belonging, discipline, love, and money
operate intervention programs, provide a greater opportunity for young people, and raise awareness
how are substance abuse and crime related?
Drug abusers commit crimes to pay for their drugs and this inflicts damages to society. Moreover, many criminals are under the influence of drugs while committing crimes.
they also contribute to social problems like breaking apart families, poverty, criminal activities, decrease work productivity, and car crashes
1st amendment
Freedom of religion, speech, press, assembly, and petition.
2nd amendment
Right to keep and bear arms in order to maintain a well regulated militia.
3rd amendment
No quartering of soldiers.
4th amendment
Freedom from unreasonable searches and seizures.
5th amendment
Right to due process of law, freedom from self-incrimination, double jeopardy.
6th amendment
Rights of accused persons, e.g., right to a speedy and public trial.
7th amendment
Right of trial by jury in civil cases.
8th amendment
Freedom from excessive bail, cruel and unusual punishments.
9th amendment
Other rights of the people.
10th amendment
Powers reserved to the states.
homicide
killing of one human being by another; it may refer to either a noncriminal or criminal act of murder; some can be justifiable.
second degree murder
the intentional murder of another person, which may be a criminal act done with careless disregard for human life or criminal homicide, by didn’t occur without premeditation
battery
an unlawful application of force directly or indirectly upon another person or their personal belongings, causing bodily injury or offensive contact
negotiation
any form of direct or indirect communication whereby parties who have opposing interests discuss the form of any joint action which they might take to manage and ultimately resolve the dispute between them
civil law
describe the law that pertains to persons, things, and relationships that develop among the
restitution
full or partial compensation for loss paid by a criminal to a victim that is ordered as part of a criminal sentence or as a condition of probation
Note
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