Third test in Justice and Law

Justice And Law with Berthaiume at Nashoba Regional High School

About this deck

By: Bessie Mullane
Created: 2011-06-07
Size: 42 flashcards
Views: 3

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burglary

breaking and entering into someone's home with the intent to steal something from that person

conclusion

the speculation on the part of the witness as to what may have happened or why someone did something

sentencing

basically, what the jusge decides after the verdict. the amount of time a criminal is sent to jail for

robbery

stealing something by doing harm to the person or threatening them

immaterial

inappropriate response to a question

leading the witness

type of objection stating that the question implants the desired answer in the witness' mind by the way it is phrased

recidivism

the rate at which prisoners who are released from jail go back into jail 45%

hearsay

evidence that is 2nd hand, meaning that the witness received the evidence from someone else

premeditation

the person reflected on murder before doing it

deliberate

done with a cool mind, capable of reflection

crime rates

the amount of crime per person

larceny

fancy word for theft

capital crimes

crimes punishable by death

DeLorean

famous entrapment case involving lots and lots of cocaine

overruled

judge objects to the objection. the question asked by the objected attorney can be answered by the witness

irrelevant

objection to something that has nothing to do with the case or anything

exceeds the scope

form of objection during cross-examination, the attorney is only allowed to question the witness about things that came up during the direct examination. in this form of objection, the attorney goes beyond what happens at the direct examination.

pre-trial conference

when the defense attorney and the prosecution attorney get together to decide if there will be a case or not. (guilty or not-guilty plea)

sustain

the judge tells the witness that he doesn't have to answer the question objected to.

bench trial

no jury, judge decides case

insanity pleas

the accused was insane and needed to go to an insane asylum

temporary insanity pleas

argues that extreme emotional stress at the time of the crime caused temporary insanity

diminished responsibility

the defendant admitting to the criminal act charged, but claiming diminished repsonsibility for intent because of unsound mental state at the time of the unlawful act

basic ingredients of a crime

prohibited act: law

criminal intent: the person has to intend the act at the same time he or she commits it.

concurrence of the act and the intent: the person has to intend the act at the same time he or she commits it

causation: the act has to cause the harmful result

affirmative defense: insanity

defendants will be acquitted if they can prove that, at the time their crime was committed, they were legally insane.

The M'Naghten Rule

defendants must show that because of their mental illness, they either did not know what they were doing or they didn't know it was wrong

irresistable impulse rule

in some states, defendants will be aquitted if they can prove that the crime was committed because of an insane impulse that controlled their will.

Durham rule

defendants must show that the crime was a product of mental illness

affirmative defense: self-defense

someone came on to you and you took the reasonable actions to protect yourself

affirmative defense: entrapment

a police officer or any government agent lures the defendant into committing a crime

legal tests of insanity

Model Penal Code: defendant is insane and will be not guilty if: they lacked substantial capacity to appreciate the criminality of their conduct OR lacked substantial capacity to conform their conduct to the requirements of the law.

parts of a successful self-defense plea

you must establish that you reasonably believe the person was going to hurt you, the threat was there and the attacvker was totally willing to attack you, the force used in self-defense was reasonable

"for cause" objections

challenge for cause can be overruled by judge/unlimited

peremptory challenges

a formal objection to the service of a juror based on actual bias or implied bias

amendment that is for the DP

5th

amendment that is against the DP

8th: no cruel or unusual punishment

laws concerning the DP after the SC decision in 1972

the laws set up standards for which crimes should be considered capital crimes like murder

criminal intent: specific intent

the person intended just the result that happened. on purpose

criminal intent: general intent

the person either knew the result would happen or consciously disregarded the extreme likelihood that it would happen

criminal intent: criminal negligence

a person does some act unintentionally but with an extreme lack of care

strict liability

anyone doing the act is guilty regardless of intent

Abscam case

dealt with entrapment; the FBI posed as some guy to collaborate with some other guy involved in investment schemes

About this deck

By: Bessie Mullane
Created: 2011-06-07
Size: 42 flashcards
Views: 3

About StudyBlue

“I have been getting MUCH better grades on all my tests for school. Flash cards, notes, and quizzes are great on here. Thanks!”
Kathy