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47 Cards in this Set
- Front
- Back
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homicide-related crime that can be classified as a misdemeanor
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Vehicular manslaughter without gross negligence
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Robbery
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*Felony
*Taking personal property of another against their will with use of force or fear *if more force was used other than that to take the item |
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Simple battery is defined as..
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Misdemeanor
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To arrest a person for aiding, advising, or encouraging a suicide, what must be true?
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2nd party must provide the method
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completed crime of car jacking
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*use of force or fear
*car was the objective *to permamnently deprive |
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Voluntary manslaughter
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*Felony
*Intended to kill, but was not premeditated *act of rage |
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justifiable homicide by a police officer
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*reasonably believe that the person posed harm to officer or others-no crime
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Angry customer spits on a clerk
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Battery- misd.
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Man pulls woman into car and restrains her from leaving. How can this be Kidnapping?
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Move her from that location to another location which places her into more danger.-felony
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Battery
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an offensive touching or use of force on a person without the person's consent-wobbler
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blackmail/extortion
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felony
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all battery contains?
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assault-misd
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involuntary manslaughter
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*felony
*no intention for death *unlawful act not amounting to a felony, resulting in death. *person fails to exercise do caution |
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Grand Theft Person
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*all theft from person regardless of value
*Felony |
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First Degree Murder
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*person killed with malice aforethought
*lie and wait *murder for money *felony |
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Excusable homicide
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*killing by accident or misfortune
*lawful act, done in a lawful way resulting in death |
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water baloon thrown but misses
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*assault-misd
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difference between gross negligence and without gross negligence?
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*safety or due caution used
*public safety is considered |
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Mayhem
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*felony
*unlawfully and depriving a person of a body part or rendering it useless |
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What changes mayhem to aggravated mayhem?
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maliciously-felony
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a person violently kicks another in the head and they go unconscious. what is the most serious crime charge?
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*Assault with a Deadly Weapon
*anything other than bare body can be considered a deadly weapon |
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Justifiable homicide
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*self defense
*protecting others from serious harm |
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Homicide
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*death of one person or viable fetus at the hands of another
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person at crime scene who aids and assists actual perpetrator of crime is?
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Accessory-Felony
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Criminal Conspiracy
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2 or more
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General Intent
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*Mere doing of the deed
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Burglary is complete?
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*When one enters a building with intent to commit a theft or felony
*Felony |
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Common law
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*CA has none
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Jury must unanimous in both civil and criminal cases?
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*felony-only in criminal
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Solicitation
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The act of asking someone to commit one of 14 serious felonies. - Felony
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Both civil and criminal require same level of proof
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False
*crim-beyond reasonable doubt *Civil-Jury belief |
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one can be an accessory to both misd. and felony crimes
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False
*only after the commission of a felony |
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what is essential in robbery?
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use of force or fear-felony
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one who knowingly harbor and conceals a felon
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accessory-Felony
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principal appplies to felonies only
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False
*applies to any crime |
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in civil law you can have public representation if you can't afford an attorney
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False
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true of infraction
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*low level crime
*no jury trial *fine |
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Types of intent
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*general
*specific *transferred *negligence |
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persons legally incapable of committing a crime
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person who lacks mental capacity
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theft of 401 is Grand theft
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true-Felony
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elements of theft
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*intent to permanently derive
*400+ *embeselment that accumulates to 400+ *all firearms *vehicles |
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In robbery the amount and the value of the property is immaterial provided that there is some value.
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True-felony
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penalty for commission of a crime
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*fine
*county time *state time *death *probation *court ordered classes *Comm serv. |
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theft and larceny are synonymous
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True
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tort
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civil wrong
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fiduciary relationship
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embeselment-felony
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crime of forgery
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signing a name of another without authorization
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