Crim Law Final

Front 1

bribery

Back 1

to corruptly give, offer, or promise to any public servant, any benefit with intent to influence said person.

Front 2

perjury

Back 2

a person willfull and contray to an oath, states or subscribes any material matter which he does not believe to be true.

Front 3

escape

Back 3

departing from lawful custody without the use of force

Front 4

jail breaking

Back 4

departing from lawful custody using force

Front 5

resuce

Back 5

helping another depart from lawful custody through the use of force

Front 6

perponderance of the evidence

Back 6

the defense must prove their defence through the weight of their evidence

Front 7

affermative defense

Back 7

a defence that must be specifically pled.

Front 8

defense: infancy

Back 8

common law under 7 no criminal intent. 7-14 proof must be offered to claim intent. 14+ adult standards.

Front 9

defense: intoxication

Back 9

voluntary: specific intent only.
invuluntary: rare, but can be used if defence can show that the defendant didnt know right from wrong while intoxicated

Front 10

defense: insanity

Back 10

uses the M'Naghten rule, which means. a person who is under a defect of reason, from desease of mind, and either didnt know the nature or their act or that it was wrong can not be convicted of a crime.

Front 11

defence: duress

Back 11

valid if the threat of harm was "present, imminent, and pending" and gave reason to believe that death or serious injury would occur otherwise. not valid toward murder and manslaughter cases

Front 12

defence: necessity

Back 12

only valid when a situation out of anyone's control causes the duress which leads to the action. usually if necessity cases are not even prosecuted.

Front 13

defence: consent

Back 13

only valid where concent in an issue in the elements of the crime. you cant consent to an illegal act

Front 14

defence: alibi

Back 14

literally means, elsewhere. no denial of the occurance of the crime, but claims that the defendant couldnt have done it as they were not there.

Front 15

defense: self-defense

Back 15

deadly force: only valid if the defendant is allowed to be where the crime took place, acts without fault, and in reasonable fear of death or serious injury.
non-deadly force: must be proportionate

Front 16

defense: defense of others

Back 16

uses the same guidelines as self-defense.

Front 17

defense: double jepardy

Back 17

in order to get around double jepardy, the prosecution must show a manifest necessity, and then the chance is slim.