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Chapter 8
vocab
15
Law
Undergraduate 3
04/27/2011

Additional Law Flashcards

 


 

Cards

Term
Mala in se
Definition

offenses that were intrinsically bad, like murder, rape, arson, and theft, and require proof of criminal intent

Term
Mala Prohibita
Definition
acts those were criminal only because the law defines them as such and may require criminal intent or no proof at all
Term
Bills of Attainder
Definition

acts of legislature that apply either to named individuals or to easily ascertainable members of a group in such a way as to impose punishments on them without a trial. Ex: US v Brown, an act of Congress that made a Communist serving as an officer of a labor union illegal, was held as unconstitutional as a bill of attainder by the Supreme Court

Term
Actus Reus
Definition
a wrongful act that is classified as voluntary act where the accused caused their body to move in a manner that produces prohibited conduct, as compared to those that are a result of reflexive acts or seizures 
Term
Mens rea
Definition

an alleged criminal offender possesses a criminal state of mind at the time of the act. There must be concurrence of the wrongful act with wrongful intent.

Term
Strict Liability
Definition
a major exception to the requirement that there be a concurrence between the criminal act and intent, as the offender poses a general threat to society at large
Term
Conspiracy
Definition
when two or more people combine to commit a criminal act 
Term
Excuse defenses
Definition
the defendant admits to having acted unlawfully, but argues that no criminal responsibility should be imposed, given the particular circumstances
Term
Entrapment
Definition
if an officer provides a person who is previously undisposed to commit the act with the notion of wrongdoing
Term
Arrest
Definition
when an officer takes someone into custody for the purpose of holding the person to answer a criminal charge
Term
Excusionary Rule
Definition
 prevents the use of evidence obtained from an illegal search and seizure in prosecutions
Term
Bail
Definition
authorized for all accused except for those charged with capital offenses
Term
Nolo Contendre
Definition
guilty plea offered at arraignment, it’s an admission of guilt that cannot be used later against the accused as an admission
Term
Plea Bargaining
Definition

the process by which the accused agrees to enter a plea of guilty, often to a lesser offense, in exchange for a promise by prosecution to recommend a lighter sentence

Term
Writ of Habeas Corpus
Definition
used to test the legality of a person’s detention by the government
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