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Flashcards in criminal law Deck (24)
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1
Q

Criminal Procedure

A

The way criminal prosecutions are handled, governed by the federal or state rules

2
Q

Crime

A

An activity that has been prohibited by the legislature as violating a duty owed to society and this is punishable

3
Q

Model Penal Code

A

American Law Institutes proposal for uniform set of criminal laws, uniformity was never achieved

4
Q

5th and 14th Amendment

A

Due process guarantees a notice and a hearing must be provided

5
Q

Felony

A

Serious crime, usually prison sentence for 1 or more years

6
Q

Misdemeanor

A

Minor crime, fine or under a year in prison

7
Q

Homicide

A

One human killing another

8
Q

1st Degree Murder

A

Premeditated murder, willingly

9
Q

Actus Reus

A

The physical act of the crime

10
Q

Mens Rea

A

The mental intent to do the crime

11
Q

Robbery Vs Burglary

A

Robbery is taking personal
items with threat of injury.
Burglary is breaking into and entering a building with intent

12
Q

Inchoate Crimes

A

Attempted crimes

13
Q

Alibi Defense

A

Proof that defendant could not have been at the scene of the crime

14
Q

Mistake as a defense

A

Assumption of fact rather than a criminal purpose

15
Q

Excuse Defenses

A

Infancy: Under age 7
Insanity: Requires proof, locked psychiatric facility
Intoxicated

16
Q

Why don’t attorneys typically use the insanity defense?

A

It only works 1% of the time

17
Q

Double Jeopardy

A

Cannot be tried twice for the same crime (Except mistrial)

18
Q

Void for Vagueness

A

Reasonable Person could not determine the meaning of the law

19
Q

Retreat Exception

Castle Doctrine

A

Attempting to retreat before resorting to deadly force.

Reasonably deadly force to protect home from intruders

20
Q

Duress

A

Gunpoint, threat of immediate injury

21
Q

Necessity

A

Forced to take an action to avoid greater harm

Running from fire, swerving car out of way

22
Q

Entrapment

A

Tricked or led into commuting the crime by a law enforcement representative

23
Q

Automatism Defense

A

Lack of voluntariness, unconscious or excuse

24
Q

Criminal Law

A

Law that deals with harm to society as a whole