actus reus
an act of the law. also, a guilty act
alibi
a statement or contention by an individual charged with a crime that he or she was so distant when the crime was committed, or so engaged in other provable activities, that his or her participation in the commission of that crime was impossible
alter ego rule
in some jurisdictions, a rule of law that holds that a person can only defend a third party under circumstances and only to the degree that the third party could act on his or her own behalf
attendant circumstances
the facts surrounding an event
case law
written or codified law;the "law on the books" an enacted by a government body or agency having the power to make laws
civil law
the branch of modern law that concerns itself with offenses committed against society, its members, their property, and the social order
common law
law originating from usage and custom rather than from written statutes
concurrence
the coexistence of (1) an act in violation of the law and (2) a culpable mental state
corpus delicti
the facts that show that a crime has occurred
criminal law
the branch of modern law that concerns itself with offenses committed against society, its members, their property, and the social order
criminal negligence
behavior in which a person fails to reasonably perceive substantial and unjustifiable risks of dangerous consequences
defense(to a criminal charge)
evidence and arguments offended by a defendent and his or her attorney to show why the defendent should be held liable for a criminal charge
diminished capacity
a defense based on claims of a mental condition that may be insufficient to exonerate the defendent of guilt but that may be relevant to specific mental elements of certain crimes or degrees of crime
double jeopardy
a common law and constitutional prohibition against a second trail for the same offense
element
in a specific crime, one of the essential features of that crime, as specifed by law or statute
entrapment
an improper or illegal inducement to crime by agents of law enforcement
espionage
the "gathering", transmitting, or losing" of information related to the national defense in such a manner that the information becomes available to enemies of the United States and may be used to their advantage
excuse
a legal defense in which the defendant claims that some personal condition or circumstance at the time of the act was such that he or she should not be held accountable under the criminal law
felony
a criminal offense punishable by death or by incarceration in a prison facility for at least one year
guilty but mentally ill (GBMI)
a verdict, equivalent to a finding of "guilty," that established that the defendent, although mentally ill, was in sufficient possession of his or her faculties to be morally blameworthy for his or her acts
Hudud crime
a serious violation of Islamic law that is regarded as an offense against God
inchoate offense
an offense not yet completed. also a offense that consists of an action or conduct that is a step toward the intended commission of another offense
incompetent to stand trail
in criminal proceedings,a finding by a court that as a result of mental illness, defect, or disability, a defendent is capable of understanding the nature of the charges and proceedings against him or her, of consulting with an attorney, and of aiding in
infraction
a minor violation of state statute or local ordinance punishable by a fine or other penalty or by a specified, usually limited, term of incarceration
insanity defense
a legal defense based on claims of mental illness or mental incapacity
Islamic law
a system of laws, operative in some Arab countries, based on the Muslim religion and especially the holy book of Islam, the Koran
jurisprudence
the philosophy of law. also the science and study of the law
justification
a legal defense in which the defendant admits to committing the act in question but claims it was necessary in order to avoid some greater evil
law
a rule of conduct, generally found enacted in the form of a statute, that proscribes or mandates certain forms of behavior
legal cause
a legally recognizable cause
mens rea
the sate of mind that accompanies a criminal act. also, a gulity mind
misdemeanor
an offense punishable by incarceration, usually in a loccal confinement facility, for a period whose upper limit is perscribed by statute in a given jurisdiction, typically one year or less
M'Naghten rule
a rule for determining insanity that asks whether the defendent knew what he or she was doing or whether the defendent knew what he or she was doing wrong
motive
a person's reason for committing a crime
offense
a violation of the criminal law
penal code
the written, organized, and compiled form of the criminal laws of jurisdiction
precedent
a legal principle that ensures that previous judicial decisions are authoritatively considered and incorporated into future cases
procedural defense
a defense that claims that the defendent was in some significant way discriminated against in the justice process or that some important aspect of official procedure was not properly followed in the investigation or prosecution of the crime charged
procedural law
the part of the law that specifies the methods to be used for enforcing substantive law
reasonable force
the degree of force that is appropriate in a given situation and is not excessive
reckless behavior
activity that increases the risk of harm
rule of law
the maxim that an orderly society must be governed by established principles and known codes that are applied uniformly and fairly to all of its members
self-defense
the protection of oneself or of one's property from unlawful injury or from the immediate risk of unlawful injury
stare decisis
a legal principle that requires that in subsequent cases on similar issues of law and fact, courts be bound by their own earlier decisions and by those of higher courts having jurisdiction over them
statutory law
written or codified law; the " law on the books," as enacted by a government body or agency having the power to make laws
strict liability
liability without fault or intention
substantive criminal law
the part of the law that defines crimes and specifies punishments
Tazir crime
a minor violation of Islamic law that is regarded as an offense against society, not God
tort
a wrongful act, damages, or injury not involving a breach of contract
treason
a U.S. citizens actions to help a foriegn government overthrow, make war against, or seriously injure the United States.