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Law Education > unit two test review > Flashcards

unit two test review Flashcards

(69 cards)

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1
Q

crime

A

something one does or doesn’t do that is a violation of law

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2
Q

incarceration

A

imprisonment by the government

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3
Q

community policing

A

a strategy where the community works with law enforcement to lessen crime in their area

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4
Q

drunk driving (DUI/DWI)

A

driving while impaired

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5
Q

implied consent law

A

an unwritten agreement to submit to forms of interrogation or searches, in exchange for certain privileges

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6
Q

recidivist

A

repeat offenders

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7
Q

restitution

A

how people that are convicted of crime pay back society (not specifically money/fine)

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8
Q

actus reus

A

guilty act

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9
Q

causes of crime

A

poverty, lack of education, unemployment, abuse of alcohol/drugs

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10
Q

state of mind

A

what one is thinking

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11
Q

mens rea

A

guilty mind

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12
Q

motive

A

person’s reason for performing the act

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13
Q

strict liability

A

do not require a guilty state of mind, as the act itself is criminal

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14
Q

statutory rape

A

having intercourse with an underage partner, even if the perpetrator believes the partner is not minor

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15
Q

elements

A

each element must be proven at trial in order to convict

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16
Q

principal

A

person who commits the crime

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17
Q

accomplice

A

person who helps them

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18
Q

accessory before the fact

A

a person who helps but is not there for the crime

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19
Q

accessory after the fact

A

a person who, knowing the crime has been committed, helps the principal/accomplice get away with it

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20
Q

crimes of omisson

A

one fails to perform an act required by a criminal law, if the person is able to perform this act

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21
Q

inchoate crimes

A

actions done prior to the crime (conspiracy, solicitation)

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22
Q

solicitation

A

to ask, command or urge another to commit a crime

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23
Q

attempt

A

when someone performs all elements of a crime, but fails to achieve a criminal result, this has occurred

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24
Q

conspiracy

A

an agreement between two or more persons to commit a crime

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25
overt act
an act that is open to view
26
homicide
the killing of a human being by another
27
malice
having the intent to kill/seriously harm another person (ill will. deliberate attempt to harm)
28
1st degree murder
act of killing that is premeditated
29
felony murder
any killing that takes place during the omission of certain felonies such as arson, rape, etc
30
2nd degree murder
killing that is done with malice, but not premeditated. intentional but spontaneous
31
voluntary manslaughter
is killing that could be otherwise seen as murder but that occurs after the victim has done something to the killer to provoke them
32
involuntary manslaughter
no intent to kill at all. resulting from conduct so reckless it causes extreme danger or death/bodily injury
33
negligent homicide
causing death through criminal negligence (gross/extreme negligence)
34
negligence
failure to exercise a reasonable or ordinary amount of care in a situation
35
non criminal homicide
killings committed in defense of oneself or another. (line of duty, war, etc)
36
assault
any attempt or threat to carry out a physical attack on another person (the threat)
37
battery
any unlawful physical contact inflicted by one person upon another without consent (the auctual harm)
38
rape
sexual penetration without consent
39
statutory rape
intercourse with someone under the age of consent (16 in IN)
40
acquaintance rape (date rape)
sexual assault by someone known to the victim
41
arson
willful and malicous burning of a person's property
42
vandalism
willful destruction of, or damage to the property of another
43
larceny
unlawful taking and carrying away of the property of another person against that person's will
44
shoplifiting
form of larceny crime of taking items from a store without paying/intent to pay for them
45
concealment
crime of attempted shoplifting
46
embezzlement
unlawful taking of property by someone to whom it was entrusted
47
robbery
unlawful taking of property from a person's immediate possession by force/intimidation
48
extortion
blackmail, use of threats to obtain the property of another.
49
burlgary
unauthorized entry into any structure with the intent to commit a crime
50
forgery
person falsely makes or alters a writing or document with intent to defraud (creating)
51
uttering
offering to someone a document as genuine although it is known to be a fake (using)
52
receiving stolen property
if you receive/buy property that is implied/known to be stolen, you have committed this crime
53
unauthorized use of a vehicle
person unlawfully takes a motor vehicle without consent
54
carjacking
if a person uses force/intimidation to steal a car from a driver
55
cybercrime
wide range of actions that involve computers/computer networks (spamming, phishing, etc)
56
what is required of prosecutor
establish beyond a reasonable doubt that the defendant committed the crime with intent. the burden of proof rests with the state.
57
what is required of a defendant and their attorney
nothing is required, within reason
58
no crime has been committed
no criminal act was committed/no criminal intent
59
defendant did not commit the crime (alibi)
evidence that the defendant was somewhere else at the time of the crime
60
DNA evidence
connect an offender conclusively to a crime
61
self-defense
reasonable force
62
defense of property and/ or others
defending one's property from theft, destruction, or trespass. defendant has a reasonable belief that they are in danger.
63
infancy
legal defense for a person considered not yet legally responsible for his/her actions. incapable of committing a crime. most states set it at 6-7yo
64
intoxication
usually involving involuntary intoxication "spiked drink"
65
insanity (guilty but mentally ill)
people who have a mental disease/disorder and don't know right from wrong and can't be convicted (equivalent to a guilty ruling)
66
entrapment
an act by police to persuade a person to commit a crime that they wouldn't normally commit. can be a valid defense to a criminal charge. if proven must originate with police, providing an opp is not entrapment. preponderance of the evidence is often used.
67
duress
unlawful pressure on a person to do something that they would not otherwise do
68
necessity
defense to a criminal charge that shows a just/lawful reason for the defendant's conduct. (not homicide)
69
different interpretations to the 2nd amendment
protection against government attempts to ban/regulate firearms should protect a state's right to maintain a militia but not protect individuals against government attempts to legislate

Law Education (4 decks)

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