Chapter 7, 8, 9, 10 Flashcards
(105 cards)
1
Q
accidental death
A
one that is caused by unexpected or unintended means
2
Q
accidental killing
A
a death which is the result of a purposeful human act lawfully undertaken in the reasonable belief that no harm would result
3
Q
homicide
A
the killing of one human being by another human being (suicide not included)
4
Q
There are three basic types of homicide:
A
justifiable, excusable, criminal
5
Q
Justifiable homicides
A
those that are permitted under law, as in the case of state ordered execution or a military killing of an enemy soldier in the line of duty
6
Q
excusable homicides
A
those homicides that may involve some fault but not enough for the act to be considered criminal
7
Q
criminal homicide
A
refers only to those homicides to which criminal liability may attach
8
Q
Three types of criminal homicides
A
murder, manslaughter, negligent homicide
9
Q
murder
A
the unlawful killing of a human being carried out with malice or planned in advance…the killing of one human being by another with malice aforethought
10
Q
manslaughter
A
the unlawful killing of a human being without malice…differs from murder in that malice and premeditation are lacking
11
Q
negligent homicide
A
the killing of a human being by criminal negligence OR by the failure to exercise reasonable, prudent care…a criminal offense committed by one whose negligence is the direct and proximate cause of another’s death
12
Q
The corpus deliciti of a criminal homicide consists of two things:
A
(1) the death of a human being
(2) the fact that the death was caused by the criminal act or agency of another person
13
Q
In regards to the killing of an unborn child, common law states:
A
the killing of an unborn child was not chargeable as homicide because the fetus was not considered alive
14
Q
brain death
A
death determined by a “flat” reading on an electroencephalograph (EEG), usually after a 24 hours period, or by other medical criteria
15
Q
Uniform Determination of Death Act
A
provides that “an individual who has sustained either: (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including brain stem, is dead
16
Q
Year and a day rule
A
a common law requirement that homicide prosecutions could not take place if the victim did not die within a year and a day from the time that the fatal act occurred
17
Q
affirmative act
A
voluntary, conscious conduct. Not an omission or a failure to act
18
Q
The elements of a crime of murder are:
A
- an unlawful killing
- of a human being
- with malice aforethought
19
Q
first degree murder
A
a willful, deliberate, and premeditated unlawful killing
20
Q
second degree murder
A
a murder committed during the perpetration or attempted perpetration of an enumerated felony, such as arson, rape, robbery, or burglary OR any murder not classified by statute of first degree murder
21
Q
premeditation
A
the act of deliberating, meditating on, or planning a course of action, such as a crime
22
Q
malice aforethought
A
an unjustifiable, inexcusable, and unmitigated person endangering state of mind
23
Q
depraved heart murder
A
unjustifiable conduct that is extremely negligent and results in the death of a human being OR the killing of a human being with extreme atrocity
24
Q
capital murder
A
murder for which the death penalty is authorized by law
25
premeditated murder
murder that was planned in advance (however briefly) and willfully carried out
26
aggravated murder
murder plus one or more aggravating factors as specified by law...generally capital murder
27
felony murder rule
a rule that establishes murder liability for a defendant if another person dies during the commission of certain felonies...arson, rape, robbery, burglary are examples
28
the elements of the crime of manslaughter
- an unlawful killing
- of a human being
- without malice
29
adequate provocation
provocation that "would cause a reasonable person to lose self control"...also called reasonable provocation
30
involuntary manslaughter
an unintentional killing for which criminal liability is imposed but that does not constitute murder...the unintentional killing of a person during the commission of a lesser unlawful act OR the killing of someone during the commission of a lawful act but never the less results in an unlawful death
31
criminally negligent homicide
homicide that results from criminal negligence
32
gross negligence
the conscious disregard of one's duties, resulting in injury or damage to another
33
ordinary negligence
the want of ordinary care, or negligence that could have been avoided if one had exercised ordinary, reasonable, or proper care
34
vehicular homicide
the killing of a human being as a result of another person's operation of a motor vehicle in a reckless manner likely to cause death or great bodily harm
35
battery
unlawful physical violence inflicted on another without his or her consent...an intentional and offense touching or wrongful physical contact with another, without consent, that results in some injury or offends or causes discomfort
36
assault
attempted or threatened battery. A willful attempt or willful threat to inflict injury on another person. Also the act of intentionally frightening another person into fearing immediate bodily harm...an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another
37
present ability
as used in assault statutes, a term meaning that the person attempting assault is physically capable of immediately carrying it out
38
bodily injury
physical harm to a human being. In cases of assault and battery, the term refers to the unlawful application of physical force on the person or the victim - even when no actual physical harm results.
39
aggravated assault
an assault that is committed with the intention of committing an additional crime, such as assault with intent to commit a felony, assault with intent to murder, assault with intent to rape, etc. ..an assault that involves circumstances specified by law
40
stalking
the intentional frightening of another through following, harassing, annoying, tormenting or terrorizing activities. Extends to cyberspace
41
Battery has three elements
- the willful and unlawful
- use of force, violence, or offensive contact
- against the person of another
42
constructive touching
a touching that is inferred or implied from prevailing circumstances...a touching for purposes of the law
43
sexual battery
the unlawful touching of an intimate part of another person against that person's will and for the purpose of sexual arousal, gratification, or abuse
44
aggravated battery
a battery that is committed with the use of a deadly weapon, that is committed with the intention of committing another crime, or that results in serious injury
45
There are three elements to the crime of mayhem:
- an unlawful battery
- involving maliciously inflicting or attempting to inflict violent injury
- with one or more disabling or disfiguring injuries resulting from the illegal action
46
criminal sexual conduct
a gender neutral term that is applies today to a wide variety of sex offenses, including rape, sodomy, criminal sexual conduct with children, and deviate sexual behavior
47
elements of a crime of rape
- sexual intercourse with a person who is not the spouse of the perpetrator
- through force, through the threat of force, or by guile
- and without lawful consent of the victim
48
statutory rape
sexual intercourse, whether consensual or not, with a person under age if consent, as specified by statute
49
elements by kidnapping
- unlawful taking and carrying away
- of a human being
- by force, threats, or intimidation
- and against that person's will
50
elements of false imprisonment
- an unlawful restraint by one person
- of another person's freedom of movement
- without the victim's consent or without legal jurisdictions
51
theft
a general term embracing a wide variety of misconduct by which a person is unlawfully deprived of his or her property
aka acquisitive offenses: unlawful acquisition of someone else's property
52
larceny
the trespassory or wrongful taking and carrying away (asportation) of the personal property of another with intent ti steal
53
tangible property
property that has physical form and can be touched, such as land, goods, jewelry, and furniture. Also moveable property that can be taken and carried away
54
personal property
anything of value that is subject to ownership and that is not land or fixture
55
fixture
an item that is permanently affixed to the land
56
intangible property
property that has no intrinsic value but that represents something of value...may include documents, deeds, records of ownership, promissory notes, stock certificates, computer software and intellectual property
57
real property
land and fixtures
58
trespassory taking
for a crime of theft, taking without the consent of the victim...also includes when a person takes property that is lost, delivered by mistake or mislaid with the intent to keep it
59
asportation
the trespassory taking and carrying away (as of personal property in the crime of larceny or of the victim in kidnapping)
60
claim of right
a defense against a charge of larceny that consists of an honest belief in ownership or right of possession
61
embezzlement
the misappropriation of property already in the possession of the defendant...the unlawful conversion of the personal property of another by a person to whom it has been entrusted by (or for) its rightful owner
62
conversion
the unauthorized assumption of the right of ownership...a central feature of the crime of embezzlement, as in the unlawful conversion of the personal property of another, by a person to whom it has been entrusted
63
false pretenses
knowingly and unlawfully obtaining title to, and possession of, the lawful property of another by means of deception and with intend to defraud...also called obtaining property by false pretenses
64
forgery
the making of a false written instrument or the material alteration of an existing genuine written instrument
65
uttering
the offering, passing, or attempted passing of a forged document with the knowledge that the document is false and with the intent to defraud
66
receiving stolen property
knowingly taking possession of, or control over, property that has been unlawfully stolen from another...also accepting property that the receiver knew was stolen or that he or she should have known was stolen
receiving property is different from the theft of the property itself and the defendant ho steals property cannot be convicted of receiving the same property
67
robbery
the unlawful taking or property that is in the immediate possession of another by force or threat or force
68
extortion
the taking personal property by threat of future harm
69
blackmail
a form of extortion in which a threat is made to disclose a crime or another social disgrace (a secret)
70
identity theft
rapidly becoming the most important new theft crime of the twenty first century...the unauthorized use of another individual's personal identity to fraudulently obtain money, goods, or services; to avoid the payment of debt; or to avoid criminal prosecution
71
burglary
defined as
- breaking
- and entering
- of a building, locked automobile, boat, and so on
- with the intent to commit a felony or theft
72
criminal trespass
the entering or remaining on the property or in the building of another when entry was forbidden...also failing to depart after receiving notice to do so
73
criminal mischief
the intentional or knowing damage or destruction of the tangible property of another
74
looting
burglary committed within an affected geographic area during an officially declared state of emergency or during a local emergency resulting from an earthquake, fire, flood, riot or other disaster
75
arson
the knowing and malicious burning of the personal property of another or the burning of one's own property if the purpose is to collect insurance money
76
intellectual property
a form of creative endeavor that can be protected through patent, copyright, trademark, or other legal means...proprietary knowledge, trade secrets, confidentiality agreements, know-how, ideas, inventions, creations, technologies, works of art and literature and scientific discoveries or improvements
77
computer crime
a crime that employs computer technology as central to its commission and that could not take place without such technology...a contemporary word for computer crime is cyber crime
78
public order offenses
those that disturb or invade society's peace and tranquility
79
Public order offenses include:
breach of peace, disorderly conduct, fighting, affray, vagrancy, loitering, illegally carrying weapons, keeping a disorderly house, public intoxication, disturbance of public assembly, inciting to riot, rioting, unlawful assembly, rout, and obstructing public passage
80
fighting words
words that, by their very utterance, inflict injury or tend to incite an immediate breach of peace...are not protected by the free speech clause in the First Amendment in the Constitution
81
affray
a fight between two or more people in a public place to the terror of others
82
driving while intoxicated
unlawfully operating a motor vehicle while under the influence of alcohol
83
driving under the influence
unlawfully operating a motor vehicle under the influence of alcohol or drugs
84
unlawful assembly
a gathering of three or more people for the purpose of doing an unlawful act or for the purpose of doing a lawful act in a violent, boisterous, or tumultuous manner
85
rout
the preparatory stage of a riot
86
riot
the culmination of unlawful assembly and rout and can be defined as a tumultuous disturbance of the peace by three or more people assembled of their own authority
87
inciting a riot
the use of words or other means to intentionally provoke a riot
88
lynching
taking, by means of riot, a person from the lawful custody....(LOOK UP)
89
disturbance of public assembly
the crime occurs when one or more people purposely disturb a public gathering collected for a lawful purpose
90
vagrancy
the act of going about from place to place by a person without visible means of support, who was idl, and who, though able to work for his or her maintenance, refused to do so and lived without labor or on the charity of others
91
concealed weapons
a weapon that is carried on or near one's person and is not discernible by ordinary observation
92
crimes against the administration of government
offenses include: treason, misprision of treason, rebellion, criminal syndicalism, espionage, sedition, perjury, subornation of perjury, criminal contempt, obstruction of justice, resisting arrest, escape, misconduct in office, and bribery.
93
treason
as the attempt to overthrow the government of a society of which one is a member..related is espionage, or spying for a foreign government
94
rebellion
consists of "deliberate, organized resistance, by force and arms, to the laws or operations of the government, committed by a subject
95
sedition
a crime that consists of a communication or agreement intended to defame the government or to incite treason
96
perjury
the willful giving of false testimony under oath in a judicial proceeding
97
subornation of perjury
occurs when one person procures another to commit perjury
98
criminal contempt
consists of deliberate conduct calculated to obstruct or embarrass a court of law or conduct intended to degrade the role of a judicial officer in administering justice
99
resisting arrest
the most common form of obstruction of justice...the crime of obstructing or opposing a peach officer who is making an arrest
100
escape
the unlawful leaving of official custody or confinement without permission. Also the failure to return to custody or confinement following an official temporary leave
101
misconduct in office
acts "which the officer holder had no right to perform, acts performed improperly, and failure to act in the face of an affirmative duty to act"
102
misfeasance
official acts performed improperly
103
malfeasance
performing acts the officeholder had no right to perform
104
nonfeasance
failing to act
105
bribery
consists of "the offense of giving or receiving a gift or reward intended to influence a person in the exercise of a judicial or public duty"
