| A | B |
|---|
| felony | crime punishable by time in state penitentiary; indictment required by 5th amendment |
| misdemeanor | petty crimes punishable by fine and/or time in county jail |
| stop and frisk | investigatory stop based on reasonable cause where officer permitted to pat down suspect for officer's safety |
| Terry stop | aka stop and frisk |
| probable cause | enough evidence to make a person of reasonable caution believe that a person is guilty |
| reasonable suspicion | less than probable cause; required for Terry stop |
| culpable mental state | the state of mind required for criminal liability; in Texas, intentionally, knowingly, recklessly, and with criminal negligence |
| warrant | a writ issued by a magistrate allowing search, seizure, or arrest of the place, person, or thing described therein; must be supported by probable cause under 4th amendment |
| warantless searches | exceptions to the 4th amendment requirement of a warrant, for example, exigent circumstances, vehicle searches, custodial searches, impoundments |
| indictment | necessary for treason or felonies, issued by a grand jury after presentation of evidence by the DA indicating that probable cause exists and citing crimes with which accused is charged |
| insanity defense | relieves the accused of criminal liability when because of a severe mental defect he can not tell the difference between right and wrong |
| self-defense | way to avoid criminal liability available when accused used reasonable force to protect himself or another from imminent harm |
| inchoate crime | a crime in the making; examples--conspiracy, attempt, solicitation |
| strict liability crime | limited number of crimes in which the act is sufficient to confer criminal liability; usually possession of contraband such as illegal weapons or drugs |
| elements of an offense | the parts of the statute that must be met in order to find someone guilty; usually consist of a culpable mental state and a voluntary act |
| void for vagueness | a constitutional doctrine that uses substantive due process to invalidate statutes that are too vague to be enforceable and give the police too much discretion |
| overly broad | a constitutional doctrine that uses substantive due process to invalidate a statute when it prohibits both legal and illegal activities |
| habeas corpus | literally, "you have the body"; practically, how a prisoner can ask for a review of his status by the federal court |
| prosecutorial privilege | the right of a DA to decide whether to bring charges against someone accused of a crime |
