Chapter 12 Powerpoint pt. 2 Flashcards Preview

CRJ 130 Survey of Criminal Law > Chapter 12 Powerpoint pt. 2 > Flashcards

Flashcards in Chapter 12 Powerpoint pt. 2 Deck (36):
1

Burglary= _______ and _______ or unlawful entry + specific intent to commit a felony or crime + inside a dwelling or other structure at night and other aggravating factors

breaking
entering

2

Burglary= breaking and entering or unlawful entry + specific intent to commit a ______ or _____ + inside a dwelling or other structure at night and other aggravating factors

felony
crime

3

Burglary= breaking and entering or unlawful entry + specific intent to commit a felony or crime + inside a _______ or ______ ________ at night and other aggravating factors

dwelling
other structure

4

_______ ________ is the unauthorized entry or remaining on the land or premises of another.

Criminal trespass

5

A ______ _______ occurs when an individual knowingly enters or remains on a premises after receiving a clear notice that he or she is trespassing.

defiant trespass

6

Criminal trespass entails an __________ _____, and unlike burglary, there is no requirement that the intruder intend to commit a felony.

unauthorized entry

7

_______ _______ entails an unauthorized entry, and unlike _______, there is no requirement that the intruder intend to commit a felony.

Criminal trespass
burglary

8

Criminal trespass= _____ or ________ on the property of another without __________ + purposely, knowingly, strict liability

entry
remaining
authorization

9

Criminal trespass= entry or remaining on the property of another without authorization + purposely, knowingly, _____ ______

strict liability

10

What are the three degrees of criminal trespass?

(1) First degree criminal trespass
(2) Second degree criminal trespass
(3) Third degree criminal trespass

11

Which degree of criminal trespass is this: entering or remaining on the dwelling of another?

First degree criminal trespass

12

Which degree of criminal trespass is this: entering or remaining in enclosed buildings or fenced-in property?

Second degree criminal trespass

13

Which degree of criminal trespass is this: petty misdemeanor entering or remaining on unenclosed land?

Third degree criminal trespass

14

New York: intentionally and without authorization, accesses a computer system or computer

Computer trespassing

15

Common law ______ is defined as the willful and malicious burning of the dwelling house of another. The purpose is to protect the home along with the occupants and their possessions.

arson

16

The mens rea of common law arson is ______.

malice

17

The ____ ___ of common law arson is malice.

mens rea

18

The mens rea of _______ ____ arson is malice.

common law

19

True or False: In order to prove arson the fire must destroy or seriously damage the structure

False; Fire must not necessarily destroy or seriously damage the structure

20

States no longer limit ______ to dwelling places or to property of another.

arson

21

States no longer limit arson to _______ ______ or to ________ of ______.

dwelling places
property
another

22

True or False: Arson extends to curtilage, area immediately surrounding the home

True

23

An ________ is not included as arson in common law unless it results in a fire.

explosion

24

An explosion is not included as arson in _______ ____ unless it results in a ____.

common law
fire

25

True or False: Today’s statutes provide that even smoke damage and soot are sufficient

True

26

States typically divide arson into ______ and _________ _____ while other states provide additional categories.

arson
aggravated arson

27

The ______ ____ misdemeanor of malicious mischief is defined as the destruction of, or damage to, the personal property (physical belongings) of another.

common law

28

The common law __________ of _______ _______ is defined as the destruction of, or damage to, the personal property (physical belongings) of another.

misdemeanor
malicious mischief

29

Criminal mischief includes damage to both personal and real (land and structures) ________ ________.

tangible property

30

________ ________- physical property as opposed to ownership of intangible property, such as ownership of a song or the movie rights to a book.

Tangible property

31

What are the three types of acts of criminal mischief?

(1) destruction or damage to tangible property
(2) tampering with tangible property
(3) to endanger a person or property

32

The mens rea of criminal mischief can be _________ or _______.

purposeful
reckless

33

The mens rea of _______ _______ can be purposeful or reckless.

criminal mischief

34

The _____ ____ of criminal mischief can be purposeful or reckless.

mens rea

35

Criminal mischief punishes the _______, _________, or ________ or may involve a deception causing financial loss.

damage
destruction
tampering

36

Criminal mischief punishes the damage, destruction, or tampering or may involve a deception causing ________ ____.

financial loss