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