| A | B |
|---|
| Torts | Civil actions |
| Plaintiff | injured party |
| Defendant | the person accused |
| punitive damages | damages intended to punish the wrongdoer |
| noncapital felonies | receive between 1 year and life |
| misdemeanors | receive jail sentences, fines, or both; usually up to 1 year |
| violations | usually traffic offenses; don't carry criminal designations |
| crimes against the state | treason, sedition |
| crimes against persons | battery, murder, rape, kidnapping, assault |
| crimes against habitiation | burglary, arson |
| crimes against property | larceny, embezzlement, false pretenses, malicious mischief, robbery |
| crimes against the public order | public drunkenness, disorderly conduct |
| crimes against the administration of justice | obstruction of justice, bribery |
| crimes against public morals | prostitution, fornication, profanity |
| mala in se | evil action |
| mala prohibita | prohibited action |
| penalties must | impose unpleasant consequences, be prescribed by law, be intentionally administered, and administered by the state |
| justifications for punishment | retribution, prevention, deterrence, incapacitation, rehabilitation |
| culpability | guilt/responsibility |
| sources of criminal law in the US | US & state constitutions, US & state criminal code, municipal ordinances, common law, judicial decisions |
| common law | legal traditions descending from England, not necessarily written down, still used today |
| stare decisis | can bind the court to prior cases even if not for the best |
| distinguishing cases can... | prevent stare decisis |
| statutes | laws enacted by legislatures |
| Model Penal Code | Ideal penal code written as an example by the American Law Institute |
| ethical core | sometimes considered dangerous and improper/associates "good" and "bad" with crime |
| rational criminal law | based on general principles, applies to all crimes, grades crime both on seriousness and degree of guilt, minimum punishment necessary |
