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83 Cards in this Set

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  • Back
Homicides
-criminal
-justifiable
-excusable
(murder or manslaughter)
Criminal homicide
Unlawfully and knowingly, recklessly, or negligently causes death or another human being
Corpus Delicti
Proving a crime is committed
First murder
John billinton (pilgrim)
Punishement was hanging
First degree murder
Premeditated
Intent to kill
Malice aforthought
Person must have to commit first degree
Must have an angry mental state
Deadly weapon doctrine
if the defendant points a loaded gun, and pulls teh trigger he intended to kill
He knew what would occur
Deadly weapon
fist, scarf anything pretty much
Transfer intent
Victim is not the one teh defendant meant to kill
"roughing someone up"
Killed him or her my mistake will lack the intent to kill for first degree murder
Intent to do serious bodily harm
May result in a conviction of second degree murder or even manslaughter depending on state
Felony murder rule
Those who agree to act with those who are committing a cirminal act
res gestae theory
if killing was committed in, about ot as apart of the underlying transaction
Consipiracy
an aggreement between two or more persons to engage in a criminal act
Inchoate
conspiracy
criminal solicitation
criminal intent
Manslaughter
classification of criminal homicide, that is less than murder
difference between manslaught and murder
result of teh conflict between defendant and victime where vicitim is involved in teh conflict
manslaughter (catch all)
mitigating circumstances make teh behavior understandable but not excusable
voluntary manslaughter
Acted willfully, but was someone justified for his actions
Murder charges will be reduced to manslaughter charges if the court believes teh crime occured in the_____________________
heat of passion
Heat of passion
Adequate provication
no oppurtunity to cool off
casual connection between teh provication, teh range, anger, and fatal act
Involuntary manslaughter
two types of homicide
-criminal negligence manslaughter
-unlawful act manslaughter
Homicide by vehicle
Not conisdered to be premedicated, but usually breaks traffic ordinances
Euthanasia
Mercy killing
Living wills
Spell out clearly what steps shoudl be taken to revive them and under what circumstances
Infanticide
Murder of a newborn
Justifiable homicides
Killings committed out to duty with no criminal intent
Sovereign immunity
King could do no wrong and it above the law
Military action
not murders
killing done in self defense
are not murders
Abduction
Teh illegal carrying away of a person by force or coercion, generally with intent to harm the victim. kidnapping and abduction are covered by same statute
assault
An act of force or threat of force intended to inflict harm upon a person or to a person to put fear that suck harm in imminent
Child abuse
Crimes taht are committed against minros or crimes created to protect children who cannot act in their own best interest
(statutory rape, incest, medical negligence)
Domestic voilence
Assault battery aggrivated assault, harrasment, stalking, and other crime incvolving mental or physical injury to a victim when perpetrated by teh partener
Hate crimes
Hatred based on race, religion, sexual orientation, handicap,ethnicity, or national origin
Kidnapping
Crime of taking in detaining a person against his will or force, intimidation, or fraud (ranson is not required)
Parens patriae
crown protect those most vulnerable in society when they cannot protect themselves
rape
forces sexual intercourse with a women, not ones wife
rape shield law
codified rule of eveidence taht provides for exculsion of a rape victims sexual history
VAWA
The violence against womens act, a federal law criminalizing interstate acts of domestic violence and funding reserach
Arson
Intentional and malicious burnign of structure
Burglary
Breaking and entering of the dwelling house of another at night with the intent to commit a felony inside
Eminent domain
State power to take private property for a public use or public purpose without owners consent
fee simple
the legal term for ownership of teh entire bundle of rights taht go with a piece of prperty
Forgery
fraudulant making or aultering of any writing
Joint tenants with right of survivorship
Form of ownership in which the joint tenant recieves teh property should the other die
Personal property
all property other than real property
real property
land and everything attached to it
Robbery
taking of anothers property againsts their will either by force or threat
Tenancy by the entirety
legal joint ownership in which both spounses an undivided interest in the whole property and in which neither spouse can sell his or her interest without the others consent
tenants in common
Each owns and undivided interest in the whole property
theft
taking and carying away of anothers property with teh intent to deprive him or her of it immediately
Dometic terrorism
Involve crimianl acts dangerous to human life, (U.S)
Espionage
knowingly abd willingfully communicating, furnishing, transmitting or other making available to an unauthorized person
Letters or marque and reprisal
letter from gov. used to grant private person to seize teh subject of the foreign state
habeas corpus
"great writ" order another authority to bring a person held to court
International terrorism
Activities taht occur outside u.s jurisdiction and involve criminal acts dangerous to human life
Military tribunal
a military court convened in times of energency to try those accused of war- related crimes such as terrorismm, espionage, or treasion
power to declare war
power reserved by congress in the constitution
terrorism
unlawful threat of violencem against the sate or the public as a politically motivated means of attack or coercion
treason
levyign war against united sates, or adhearing to there enimies giving them aid and comfort
Bribery
The crime of giving something of value with intention of unfluencing the action of a public official
conspiracy
an agreement between two or more persons to engage in a criminal act
contempt
Conduct that brings teh authority and administration of teh law into discrespect or taht embrarrases or obstructs teh courts discharge of its duties
impeachment
an indictment of piblic officials taht leas to a trial to determine whether he or she shoudl be removed from office
obstruction of justice
Teh crime of impeding or hindering the administration of justice in any way
perjury
false testimony in a judicial or administrative proceeding; lying under oath
perjury trap
grand jury sbpoenas a witness for the sole purpose of obtaining perjured testimnoy
recantation
the retraction fo a testimony
RICO
Racketeering influenced and corrupt organizations act in legilation taht enable gov. to prosecute indiv. and org. for a pattern of criminal activity
Subornation of perjury
Convincing or seeking to convice another person to commit perjury
two- witness rule
requires two witnesses to testify to anothers perjury in order for a conviction to take place
Abortion
the termination of pregnancy by something other tahn birth
Adultery
Sexual intercourse by a married person with someone who is not the spouse
bigamy
the crimainla act of marrying when ne already has a spouse
Controlled substance
a drug considered dangerous under law becuse of its affects
fornication
voluntaried intercourse bewteen two unmarried people
gambling
monetatyr risk for monetary gain
pimp
works to procure clients for prostitution
prostitution
Engaging in intercourse for pay
public indecency
lewd conduct open to public view
sex workers
working is sex industry
sodomy
sexual relations between members of same sex, aminals, unmarried, per anus, per os