DSST Criminal Justice flashcards
DSST Criminal Justice · Build recall with a focused review session.
32 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Actus reus
- The physical element of a crime: a voluntary act, omission where a legal duty exists, or possession that the law prohibits.
- Mens rea
- The mental element of a crime, ranging from purpose and knowledge to recklessness and negligence; the prosecution must prove it for most offenses.
- Strict liability offense
- A crime requiring no proof of intent; the prohibited act alone establishes guilt, as in statutory rape or certain regulatory violations.
- Felony murder rule
- A doctrine holding a defendant liable for murder when a death occurs during commission of an inherently dangerous felony, even without intent to kill.
- M'Naghten test
- Insanity standard asking whether the defendant knew the nature of the act or that it was wrong at the time of the offense.
- Criminal attempt
- An incomplete crime requiring intent to commit the target offense plus a substantial step beyond mere preparation toward its completion.
- Probable cause
- The Fourth Amendment standard for arrest and warrants: facts and circumstances that would lead a reasonable person to believe a crime occurred.
- Exclusionary rule
- A rule barring illegally obtained evidence from trial; it applies to state prosecutions through the Fourteenth Amendment under Mapp v. Ohio.
- Terry stop
- A brief investigative detention based on reasonable, articulable suspicion, permitting a limited weapons frisk but not a full search.
- Miranda warnings
- Required advisements before custodial interrogation: right to remain silent, statements may be used, right to counsel, and appointed counsel if indigent.
- Search incident to arrest
- A warrantless search of the arrestee and the immediate area within reach, justified by officer safety and evidence preservation.
- Graham v. Connor
- The Supreme Court case setting objective reasonableness as the standard for evaluating police use of force under the Fourth Amendment.
- Subject-matter jurisdiction
- A court's authority over the type of case, such as felony prosecutions or federal crimes; it cannot be waived by the parties.
- Grand jury
- A body that reviews evidence presented by the prosecutor and issues an indictment if it finds probable cause to charge a felony.
- Arraignment
- A court appearance where the defendant is informed of the charges and enters a plea of guilty, not guilty, or nolo contendere.
- Plea bargain
- An agreement in which the defendant pleads guilty, usually to a lesser charge, in exchange for a reduced sentence or dropped counts.
- Double jeopardy
- A Fifth Amendment protection barring a second prosecution for the same offense after acquittal or conviction, with narrow exceptions.
- Beyond a reasonable doubt
- The highest burden of proof, requiring evidence so convincing that no reasonable doubt remains; it is borne by the prosecution in criminal cases.
- Indeterminate sentence
- A sentencing scheme imposing a range, such as five to fifteen years, with a parole board deciding the actual release date.
- Determinate sentence
- A fixed term of imprisonment set by statute or guidelines, with release generally occurring at a defined point.
- Mandatory minimum
- A statutory floor on punishment that a judge must impose for certain offenses, limiting judicial discretion at sentencing.
- Roper v. Simmons
- The 2005 Supreme Court decision holding that the Eighth Amendment bars execution of offenders who were under 18 at the time of the crime.
- Consecutive sentences
- Sentences served one after another, resulting in total time equal to the sum of each term, unlike concurrent sentences.
- Restorative justice
- An approach emphasizing offender accountability to victims and community through mediation, restitution, and dialogue rather than punishment alone.
- Deliberate indifference
- The Eighth Amendment standard for inmate medical claims: prison officials knew of a serious need and failed to respond reasonably.
- Turner v. Safley
- The Supreme Court decision setting a reasonableness standard for prison regulations that restrict inmates' constitutional rights.
- Wolff v. McDonnell
- The case requiring due process in prison disciplinary proceedings: notice, an opportunity to be heard, and a written statement of reasons.
- Parole revocation
- The process of returning a released inmate to prison for violating conditions; it requires notice and a hearing under Morrissey v. Brewer.
- Inmate classification
- The process assigning custody level and housing based on offense history, risk, and behavior, determining supervision and program access.
- Status offense
- A noncriminal act that is unlawful only because the offender is a juvenile, such as truancy, running away, or curfew violation.
- In re Gault
- The 1967 decision extending due process to juveniles, including notice of charges, right to counsel, confrontation, and protection against self-incrimination.
- Juvenile waiver
- A transfer of a juvenile case to adult criminal court, accomplished by judicial waiver, prosecutorial direct file, or statutory exclusion.