Law and Procedures Flashcards

1
Q

assault/battery

A
  1. reasonable fear
  2. Imminent
  3. offensive contact
  4. apparent ability
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2
Q

Aggravated Assault

A
  • threaten w/ weapon
  • serious injuries
    • broken bones, stiches, internal injuries, strangulation
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3
Q

Kidnapping

A
  • confinement
  • Intent
    • ransom
    • conflict serious injury
    • use as shield or hostage
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4
Q

Asportation

A
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5
Q

Rape Shield Laws

A

A victims previous sexual activity with anyone can not be used as evidence

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6
Q

Attempt

A

Substantial step towards finishing a crime

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7
Q

Cyberstalking

A

knowingly harassing another through electronic communication that threatens or imitate bodily harm

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8
Q

Domestics

A
  • co-habitation
  • children
  • Relationships
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9
Q

Hate Crimes

A

homicide, assault + motive (due to race, religion, gender)

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10
Q

Civil Rights Violations

A
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11
Q

Excusable Homicide

A

Accidental

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12
Q

Justifiable Homicide

A

Death by law enforcement

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13
Q

Murder 1st

A
  • malice

- premeditation

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14
Q

murder 2nd

A
  • Acted in which death is more likely to occur

- no malice

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15
Q

Voluntary Manslaughter

A
  • provocation/intention
  • “heat of passion”
  • no time for reflections
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16
Q

Involuntary Manslaughter

A
  • reckless ac

- disregard of risk

17
Q

Felony Murder

A

Death occurs during “BRAKES”

18
Q

“BRAKES”

A
Burglary
Robbery
Arson
Kidnapping
Escape
Sexual Assault
19
Q

Corpus Delicti

A

facts and circumstances constituting a breach of law

20
Q

Evidence of Premeditation

21
Q

Conspiracy Evidence

A
  • intent
  • 2 or more persons
  • ## agreement to commit
22
Q

Wharton’s Rule

A

prohibits the prosecution of conspiracy when the offense can ONLY be committed by 2 people

23
Q

Pinkerton Rule

A

Liability on any conspirator for any crimes committed, even by co-conspirators

24
Q

Actus Reus & Mens rea

A

Wrongful act & criminal intent

25
Transferred Intent
Intent to kill, but kills the "wrong" target
26
Strict Liability
27
Ex post Facto
Charged by the laws that existed at the time of crime
28
Attendant Circumstances
elements of the crime (other than actus reus or mens rea)
29
Parties to a crime
Accessory after the fact & Principal (aider and abettors)
30
Accessory after the fact
not apart of or aware of the crime
31
Constructive
Someone has control over the area in which the substance is held
32
Actual/active
Evidence or paraphernalia is on the person
33
Inchoates
Solicitation | conspiracy