Law and Procedures Flashcards
assault/battery
- reasonable fear
- Imminent
- offensive contact
- apparent ability
Aggravated Assault
- threaten w/ weapon
- serious injuries
- broken bones, stiches, internal injuries, strangulation
Kidnapping
- confinement
- Intent
- ransom
- conflict serious injury
- use as shield or hostage
Asportation
Rape Shield Laws
A victims previous sexual activity with anyone can not be used as evidence
Attempt
Substantial step towards finishing a crime
Cyberstalking
knowingly harassing another through electronic communication that threatens or imitate bodily harm
Domestics
- co-habitation
- children
- Relationships
Hate Crimes
homicide, assault + motive (due to race, religion, gender)
Civil Rights Violations
Excusable Homicide
Accidental
Justifiable Homicide
Death by law enforcement
Murder 1st
- malice
- premeditation
murder 2nd
- Acted in which death is more likely to occur
- no malice
Voluntary Manslaughter
- provocation/intention
- “heat of passion”
- no time for reflections
Involuntary Manslaughter
- reckless ac
- disregard of risk
Felony Murder
Death occurs during “BRAKES”
“BRAKES”
Burglary Robbery Arson Kidnapping Escape Sexual Assault
Corpus Delicti
facts and circumstances constituting a breach of law
Evidence of Premeditation
Conspiracy Evidence
- intent
- 2 or more persons
- ## agreement to commit
Wharton’s Rule
prohibits the prosecution of conspiracy when the offense can ONLY be committed by 2 people
Pinkerton Rule
Liability on any conspirator for any crimes committed, even by co-conspirators
Actus Reus & Mens rea
Wrongful act & criminal intent