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20 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Omission Liability: failure to act when one is obligated by law to do so. |
Exceptions: Special relationship Creation of peril Duty to control another Statutes Contract |
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Thoughts are not acts, including drug addiction |
Knowing Possession is an act |
Mpc know for enough time to have terminated possession |
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Specific intent crime |
Prosecution must prove subjective desire, objective or knowledge to accomplish prohibited result |
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Modern law rape |
Forcible rape is sexual intercourse by a male with a female not his wife, by means of force or threat of force and against her will |
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Forcible rape |
Most jx: a conviction of rape requires sufficient evidence that the victim radiated and that the defendant overcame her resistance by force or threat of force |
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Amount of force - cl |
The woman is not required to resist of the man uses death or serious bodily injury force, but if he uses moderate force, she is required to resist fully |
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Nonconsent |
The lack of consent may be establishes by proof of resistance or that the victim failed to resist due to a genuine and reasonably grounded fear |
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Verbal resistance |
Although cl required resistance to be physical, some modern courts have held that verbal resistance is sufficient |
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Penetration Force - some jx |
A rape charge may be sustained if the victim does not affirmatively express consent; the physical aspect of the rape is met simply by the force of sexual penetration if no consent is given |
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Mpc rape language |
Compels get to submit by any threat which would prevent resistance by a woman of ordinary resolution |
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Mistake of consent |
Most jx a defendant will not be guilty of rape if he had a genuine and reasonable belief that the woman consented Min jx no reasonable mistake |
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Credibility |
Often cases will hinge on the credibility of either witness, especially when mistake of consent arises |
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Equivocal testimony |
No mistake of consent instruction is allowed when there is no common ground where a reasonable person could infer a genuine mistake of fact |
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Statutory rape |
Intercourse by a male with an underage female to whom he is not married constitutes rape |
It is a strict liability offense |
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Fraud in the inducement |
A male is not guilty of rape if fraudulently induces her to consent to Intercourse |
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Fraud in factum |
Consent to sexual intercourse is invalid if, as the result of fraud, the victim is unaware that she has consented to an act of sexual intercourse |
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Mpc rape definition |
A male who has sexual intercourse with a female not his wife is guilty if he Compels her to submit by force of threat of imminent death, serious bodily injury, extreme pain or kidnapping, to be inflicted on anyone |
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Mpc - Rape is a felony in the 1st degree when: |
If he inflicts serious bodily injury to anyone during rape; or female was not a voluntary social companion who had previously permitted sexual liberties |
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Mpc nonforcible sexual intercourse |
Drugs or alcohol, unconscious, under 10 |
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Mpc gross sexual imposition |
When he compels her to submit by any threat that would prevent resistance by a woman of ordinary resolution or he knows she suffers from a mental disease or he knows she's unaware that a sexual act is being committed on her, or she thinks it's her husband |
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