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Criminal Law > Chapter 8 > Flashcards

Chapter 8 Flashcards

0
Q

Motive

A

Reason why the act is performed

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1
Q

State of mind

A

If it was intentional, knowingly, or willfully.

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2
Q

Strict liability

A

Does not require guilty state of mind. The act itself is criminal, regardless of the knowledge or intent of the person committing the act.

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3
Q

Elements

A

Prove beyond reasonable doubt that every element of the crime was committed

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4
Q

Felony

A

Crime which potential penalty is imprisonment for more than one year

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5
Q

Misdemeanor

A

Any crime which potential penalty is imprisonment for one year or less

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6
Q

Principal

A

Person who commits crime

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7
Q

Accomplice

A

Someone who helps another person commit a crime

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8
Q

Accessory before the fact

A

Person who orders crime or helps principle commit crime but is not present

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9
Q

Accessory after the fact

A

Person knowing crime committed, helps principal or accomplice avoid capture or escape

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10
Q

Crime of omission

A

Someone fails to perform act required by criminal law

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11
Q

Solicitation

A

Ask, command, urge, or advise someone to commit a crime

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12
Q

Attempt

A

Accused must have both intended to commit s crime and taken some substantial step toward committing it

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13
Q

Conspiracy

A

Agreement between two or more persons to commit a crime

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14
Q

Misprision of felony

A

Person with knowledge of the actual commission of a felony that violates federal law not to make information known asap by official

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15
Q

Overt act

A

Act that is open to view

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16
Q

Homicide

A

Killing of one human being by another, most serious of all acts. Either criminal or nah

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17
Q

Malice

A

Having intent to kill or seriously harm or acting extremely reckless which shows lack of regard for human life

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18
Q

First-degree murder

A

Killing that is premeditated (thought about beforehand), deliberate, and done with malice

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19
Q

Felony murder

A

Killing takes place during certain felonies

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20
Q

Second-degree murder

A

Killing done with malice, but not thought about beforehand or deliberated

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21
Q

Voluntary manslaughter

A

Killing, occur after victim done something to killer that would cause a reasonable person to lose self-control or act rashly
No opportunity to cool down

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22
Q

Involuntary manslaughter

A

Unintentional killing resulting from conduct so reckless that it causes extreme danger or death or bodily injury

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23
Q

Negligent homicide

A

Causing of death through criminal negligence

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24
Q

Negligence

A

Failure to exercise a reasonable or ordinary amount of care in a situation that cause harm to someone

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25
Q

Suicide

A

Deliberate taking of ones own life

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26
Q

Assault

A

Any attempt or threat to carry out physical attack upon another person

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27
Q

Battery

A

Any unlawful physical contact contact inflicted by one person upon another without consent

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28
Q

Stalking

A

Person repeatedly follows or harasses another person and makes threats, causing victim to fear death or bodily injury

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29
Q

Rape

A

Unlawful sexual intercourse committed against someone without their consent

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30
Q

Statutory rape

A

Sexual intercourse by persons not at legal age of consent

31
Q

Acquaintance rape (date rape)

A

Sexual assault by someone known to the victim

32
Q

Arson

A

Willful and malicious burning of another persons property

33
Q

Vandalism

A

Willful destruction destruction of, or damage to; the property of another.

34
Q

Larceny

A

Unlawful taking and carrying away of the property of another with intent to steal it

35
Q

Shoplifting

A

Crime of taking items from a store without paying or intending to pay for them

36
Q

Concealment

A

Attempted shoplifting

37
Q

Embezzlement

A

Unlawful taking of property by someone to whom it was in trusted

38
Q

Robbery

A

Taking of property from a persons immediate possession by force or intimidation
Theft of property and actual or potential physical harm to victim

39
Q

Extortion

A

Blackmail, use of threats to obtain the property of another

40
Q

Burglary

A

Breaking and entering the dwelling of another with intent to commit a crime

41
Q

Forgery

A

Person falsely makes or alters a writing or document with intent to defraud

42
Q

Uttering

A

Offering someone as genuine a document known to be a fake

43
Q

Receiving stolen property

A

Buy property that you know or have reason to believe is stolen

44
Q

Unauthorized use of a vehicle

A

Person only intend to take vehicle temporarily

45
Q

Car-jacking

A

Person uses force or intimidation to steal a car from a driver

46
Q

Hackers

A

Gain illegal access to government or corporate computer systems

47
Q

Alibi

A

Evidence that the defendant was somewhere else at the time the crime was committed

48
Q

Infancy

A

Children under specified age

49
Q

Intoxication

A

At time of crime, were so drunk on alcohol or high on drugs that they didn’t know what they were doing

50
Q

Insanity

A

Mentally unable to control their conduct

51
Q

Entrapment

A

Defendant admits committing a criminal act but claims that they were induced, or persuaded, to commit crime by a law enforcement officer

52
Q

Duress

A

Does something as result of coercion or a threat of immediate danger to life or personal safety
Not homicide defense

53
Q

Necessity

A

Compelled to react to a situation that is unavoidable in order to protect life
Not homicide defense

54
Q

Arrest

A

Person suspected of crime is taken into custody

55
Q

Arrest warrant

A

Court order commanding that the person named in it be taken into custody

56
Q

Probable cause

A

Reasonable belief that a person had committed a crime

57
Q

Drug courier profile

A

Provide basis to stop and question that person or to help establish probable cause for arrest

58
Q

Corroborate

A

Confirm

Informant accurate info. in past, how they got info. other info.

59
Q

Stop and frisk

A

Person behaving suspiciously and likely to be armed, pat down for weapons

60
Q

Exclusionary rule

A

Evidence seized in an unlawful search cannot be used at trial

61
Q

Search warrant

A

Court order obtained from judge who is convinced that there is a real need to search a person or place

62
Q

Affidavit

A

Sworn statement of facts and circumstances, provides probable cause to believe that search is justified

63
Q

Search incident to a lawful arrest

A

Exception allows the police to search a lawfully arrested person and the area immediately around the person for hidden weapons or for evidence that might be destroyed

64
Q

Consent

A

Person voluntarily agrees, police may conduct a search without a warrant and probable cause

65
Q

Plain view

A

Object connected with crime is in plain view and can be seen from a place where an officer has right to be, can be seized without warrant

66
Q

Hot pursuit

A

Police in hot pursuit of suspect not required for search warrant

67
Q

Vehicle searches

A

Police officer has probable cause to believe that a vehicle contains contraband, or illegal items, may conduct without warrant

68
Q

Emergency situations

A

Certain emergencies, police not required to get search warrant

69
Q

Border and airport searches

A

Custom agents are authorized to search without warrant and without probable cause

70
Q

Interrogate

A

Standard police practice to question

71
Q

Self-incrimination

A

Right to remain silent and cannot be forced to testify against themselves

72
Q

Concurrence

A

Between mens rea and actus reus

73
Q

Actus rea

A

Voluntary act

74
Q

Mens rea

A

State of mind

75
Q

Causation

A

Link between act and result

Criminal Law (1 decks)

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