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38 Cards in this Set

  • Front
  • Back
WHAT IS A CRIME?
A CRIME IS AN ACT OR OMISSION PROHIBITED BY LAW FOR THE PROTECTION OF THE PUBLIC-PUNISHABLE BY FINE OR INCARCERATION
What is homicide?
Killing of one human being by another.
What is murder?
unlawful homicide committed with malice aforethought/
What is Malice?
Mens rea for murder: intent to kill. Intent to cause bodily harm, depraved heart, felony murder.
What is Wanton Conduct?
super recklessness or extreme disregard for the value of life.
What felonies are covered by rule?
Burglary, Arson, Robbery, Rape Mayhem, Kidnapping and sodomy.
What is Vicarious Liability?
Hold one person liable for the actions of another.
Voluntary manslaughter?
Unlawful, intentional homicide committed with malace, negated by law due to mitigating circumstances.
What is Involuntary Manslaughter?
Unlawful, unintentional, homicide committed w/o malice.
What are the degrees of Murder?
First Degree-intent,premeditation,deliberation(cool mind) and Second Degree-All murder not first degree.
What is criminal battery?
Application of force to person of another resulting in physical harm or offensive touching.
What is Assault?
Attempted battery,or intentionally placing the victim in apprehension of imminent battery.
What is Mayhem?
malicious mainming, disfiguring, or disabling on another resulting in permanent damage.
What is Rape?
forced sexual intercource by a man on a women not his spouse without consent.
What is False imprisonment?
Intentional, unlawfull confinement of another person without consent by means of force or threat.
What is Kidnapping?
Forceable restraint and moving of a person from one place to another.
Theft crimes
What is larceny?
trespassory taking and carrying away of the personal property of another with intent to permanently deprive.
Robbery
larceny from the victims person by means of violence or intimidation.
What id Extortion?
Use of threat of force in the future to take the victims property.
What is larceny by Trick?
Use of fraud or misrepresentation to obtain possession of the victims property with the intent to permanently deprive.
What is Embezzelment?
Fraudulent conversion of property of another by someone who already has lawful possession of the property.
What is False Pretenses?
False misRep of a past or present material fact which causes the victim to pass title to the defendant and def. knows rep to be false and intends to perm. deprive the victim.
What is Receiving Stolen Property?
Receipt of stolen property by def. who knows the it is stolen and who intends to perm deprive the owner.
Structure Crimes
What is Burglary?
breaking and entering of a dwelling house of another at night with intent to commit a felony.
What is Arson?
malicious burning of the dwelling of another.
Inchote Crimes
What is Solicitation?
Asking someone else to ommit a crime with the intent that the crime be committed.
What is conspiracy?
Agreement between two or more parties to commit an unlawful act or a lawful act unlawfully with the performacne of some minimal overt act in futherance of the agreement.
What is Attempt?
Specific intent to commit target crime and def, engaged in behavior that placed him in close proximity of completing the crime or took a substantial step toward the completion of the crime.
Defenses:
What is self defense?
Person may use reasonable force to protect himself if he is treatened or reasonable believes he is threatened immenient force/deadly attack and reasonably believes the force is necessary.
What is the defense of others?
person the right to act reasonably as necessary to protect the safety of others.
What is Crime Prevention?
Reasonable non-deadl;y force may be used to prevent a crime.
What is the apprehension of a fleeing Felon?
Reaosnable non-deadly force may be used to apprehend a fleeing felon.Deadly force nay be used if it's a dangerous felon.
Mistake of fact.
What is the defense to a specific Intent Crime?
May be used as a def. if the mistake was in good faith.
What is the Defense to General Intent Crime?
May be used if bioth reasonable and in good faith.
What is the principle in the First Degree ?
Perpertrator of the Crime.
Principle in the Second Degree?
Incoterm aider, or abettor who is actually or copnstructively present when the crime is committed.
What is an Accessory before the Fact?
Someone who give comfort and assistance to hinder apprehension .
What are the Req. for Accomplice Liability?
Aiding,abetting,assisting, encouraging,or enticeing with the specific intent to promote or facilitate the commission of the crime. the accomplice is held criminally liable for the actions and or conduct of the perpetrator.