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Law II
Chapter Four:
Criminal Law – Substance and Procedure
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Chapter Four
• Criminal Law – Substance and Procedure
• Pages 118 - 144
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Actus Reus
• An illegal act, or failure to act when legally required.
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Civil Law
• All law that is not criminal, including tort, contract, personal property, maritime, and commercial law.
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Criminal Law
• The body of rules that define crimes, set out their punishments, and mandate the procedures for carrying out the criminal justice process.
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DNA profiling
• The identification (or elimination) of criminal suspects by comparing DNA samples (genetic material) taken from them with specimens found at crime scenes.
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Ex post facto law
• A law that makes an act criminal after it was committed or retroactively increases the penalty for a crime.
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Justification
• A legal excuse for an illegal act.
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Legislature
• The branch of government in a state invested with power to make and repeal laws.
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Mala in se
• In common law, offenses that are from their own nature evil, immoral, and wrong. Mala in se offenses include murder, theft, and arson.
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Mens rea
• A guilty mind; the intent to commit a criminal act.
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Obitiatry
• Helping people take their own lives; assisted suicide.
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Penumbral crimes
• Criminals act defined by a high level of noncompliance with the stated legal standard, an absence of stigma associated with violation of the stated standard, and a low level of law enforcement or public sanction
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Public safety or strict liability crime
• A criminal violation–usually one that endangers the public welfare–that is defined by the act itself, irrespective of intent.
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Stalking
• The willful, malicious, and repeated following, harassing, or contacting of another person. It becomes a criminal act when it causes the victim to feel fear for his or safety or the safety of others.
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Stare decisis
• To stand by decided cases; the legal principle by which the decision or holding in an earlier case becomes the standard by which subsequent similar cases are judged.