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77 Cards in this Set
- Front
- Back
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Breaking and entering a building or structure with the intent to commit a crime inside |
Burglary |
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The unwanted, unauthorized invading of another person's property |
Criminal Trespass |
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Offenses against public order and morals |
Disorderly Conduct Crimes |
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The taking and carrying away of another person with the intent to deprive the person of personal liberty |
Kidnapping |
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Taking and carrying away a person's property without the use of force and with the intent to permanently deprive the owner of possession |
Larceny |
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The crime of levying war against the United States or of giving aid and comfort to its enemies |
Treason |
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The ancient crime of poor people wandering with no visible means of support |
Vagrancy |
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Damaging or destroying structures by burning |
Arson |
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The carrying away of another's property or person |
Asportation |
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Attempted or threatened battery |
Assault |
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Unwanted or unjustified offensive touching |
Battery |
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The crime of lawfully gaining possession of someone else's property and later converting it to one's own use |
Embezzlement |
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The crime of spying for a foreign government or organization |
Espionage |
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Unintentional death that occurs during the commission of some felonies are murders (?) |
Felony Murder |
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Signing, altering, or making a document of legal significance with the intent to deceive |
Forgery |
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A general term that means getting property by deception |
Fraud |
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The crime of remaining in one place with no apparent purpose |
Loitering |
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Taking property by force or the threat of force |
Robbery |
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The crime of damaging or destroying property for the purpose of hindering preparations for war and national defense |
Sabotage |
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The crime of advocating the violent overthrow of the government |
Sedition |
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Intentionally scaring another person by following, tormenting, or harrassing |
Stalking |
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To be constitutional, restrictions on free speech have to not be based on the content of the speech; serve a significant government interest, and leave open other channels of expression |
Time, place, and manner test |
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The asportation requirement of theft |
Can be satisfied by moving the property just a few inches |
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Mail fraud |
Causing documents used in furtherance of fraud to be sent or delivered by the postal service |
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Treason |
Only crime included in the U.S. Constitution |
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Statutory Rape |
Does not require the actus reus of of use or threatened use of force |
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Robbery involves |
Taking property with the use or threat of force |
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Embezzlement Actus Reus |
Converting another's property with conversion substitutes for taking |
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Defendant need not have intended to kill but can still be convicted of |
Felony Murder |
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Someone can be charged with shoplifting without having |
Exited the store with the stolen goods |
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Threatened battery assault requires that |
The victim be aware of defendant's acts in trying to hit the victim |
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One can be found guilty of treason with only |
Mens Rea of purpose |
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5 Elements of a crime |
1. Actus Reus 2. Mens Rea 3. Concurrence 4. Causation 5. Harm |
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Example of the importance of victim awareness in threatened battery assault |
Stalking (intentionally scaring victim) |
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False Imprisonment |
Compelling a person to remain where he does not wish to remain or to go where he does not wish to go |
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False Imprisonment Actus Reus and Mens Rea |
Actus Reus: Restraining another person's liberty Mens Rea: Specific intent t restrain the liberty of another person without his consent |
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Burglary Actus Reus |
Breaking & Entering |
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Burglary Circumstance |
Dwelling or other structure of another person |
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Burglary Mens Rea |
With intent to commit theft (or felony) therein |
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Formally had to "break" into house, now.. |
Opening door and entering without permission is sufficient |
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Sometimes "breaking and entering" can mean unlawfully remaining even though |
Entered lawfully |
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Disorderly Conduct: Purpose to cause public inconvenience, annoyance or alarm by (3 ways) |
1. Engages in fighting or threatening 2. Makes unreasonable or offensive noise 3. Hazardous or physically offensive condition |
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6 Elements of Kidnapping |
1. Seizing 2. Carrying away (asportation of) and 3. Confining 4. Another person 5. By force, threat, or deception 6. With intent to deprive liberty |
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Kidnapping Actus Reus |
Detention AND Moving OR Hiding |
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Kidnapping Mens Rea |
Specific intent to confine, significantly restrain, or hold victims in secret |
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Difference in Simple and Aggravated Kidnapping |
Aggravated has extra circumstance: 1. Sexual invasions 2. Hostage 3. Ransom 4. Robbing victim 5. Mudering 6. Black mail 7. Terrorizing 8. Political Gains |
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Rape Actus Reus |
Sexual penetration between perpetrator and victim & force or threat of force to accomplish penetration |
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Rape Mens Rea |
Intentional Sexual Penetration |
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Rape Circumstance |
Victim's nonconsent |
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Extrinsic Force Standard |
Requires force in addition to the effort needed to complete penetration |
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Intrinsic Force Standard |
Requires only the amount of force needed to complete penetration |
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First Degree Murder Actus Reus, Mens Rea, Causation, Harm |
Actus Reus: unlawful killing of another without justification Mens Rea: Premeditated and deliberate intent to kill another person OR intent to commit qualifying underlying felony in felony murder Causation: Defendant's actions actually and proximately caused death of the victim Harm: Death of another person |
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Second Degree Murder Actus Reus, Mens Rea |
Actus: Unlawful killing of another Mens: Unpremeditated intent to kill another person or intent to commit qualifying underlying felony in felony murder |
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Voluntary Manslaughter Actus, Mens |
Actus Reus: Killing another person Mens Rea: Intent to kill or inflict serious bodily harm |
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Voluntary Manslaughter Circumstance |
Sudden heat of passion AND adequate provocation OR honest, reasonable belief that killing was necessary in self-defense |
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Voluntary Manslaughter Causation/Harm |
Causation: Acts that trigger a chain of events that cause another person's death Harm: Death of another person |
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Felony Murder Actus/Mens |
Actus Reus: Killling another Mens Rea: Intent to commit a qualifying felony |
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Felony Murder Circumstance/Causation |
Circumstance: Death during the commission of a qualifying felony Causation: Act of committing a qualifying felony that triggers a chain of events that cause another person's death |
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Involuntary Manslaughter Actus/Mens |
Actus Reus: Killing another person Mens Rea: Reckless for reckless manslaughter or negligence of negligent manslaughter |
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Involuntary Manslaughter Causation/Harm |
Causation: Acts trigger a chain of events that cause another person's death Harm: Death of another person |
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Battery Actus/Mens/Harm |
Actus Reus: Unwanted and unjustified offensive touching Mens Rea: Purposely, knowingly, and sometimes recklessly or negligently Harm: Some pain or injury to victim |
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Battery requires... |
Some injury Emotional or minor physical injury: misdemeanor Serious physical injury: felony |
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Assault Actus/Mens/Harm |
Actus Reus: Attempted Battery OR Threatened Battery Mens: Intent to injury in attempted battery, Intent to put fear or harm in threatened battery Harm (threatened): fear in victim |
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Victim's awareness is critical to proving... |
Threatened battery assault |
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Receiving Stolen Property Actus/Mens/Circumstance |
Actus Reus: Gaining control of stolen property Mens Rea: Can be purposefully, knowingly, recklessly, or negligently (jurisdiction) Circumstance: Stolen property |
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In receiving stolen property, receiving means gaining |
Control - constructive possession is sufficient |
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Intellectual Property Theft |
Violation of property laws, theft of films, music, books |
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Int. Property Theft Actus/Mens/Causation |
Actus Reus: Copying of copyright material Mens Rea: Intent to copy Causation: Number/value of material copied |
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Arson Actus/Mens |
Actus Reus: Setting fire to a structure Mens Rea: Intent to burn |
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Arson Circumstance/Causation/Harm |
Circumstance: Kind of structure, amount of damage Causation: Setting fire causes damage Harm: Damage caused by burning |
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Espionage Actus/Mens/Circumstance |
Actus Reus: Communicate, deliver, transmit, or attempt to do so Mens Rea: Purposely injure US, or believe use will injure US Circumstance: To a foreign gov't, foreign faction or party (officer, agent, employee, citizen) |
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Espionage During War Actus/Mens/Circumstance |
Actus Reus: Collect, record, or publish and information to enemy Mens Rea: Intent to communicate info to the enemy Circumstance: Time of war |
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Panhandling |
The act of asking others for money or goods in public |
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Considered commercial speech, may be restricted by the government in time, place and manner |
Panhandling |
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Article III Sec III US Constitution |
Treason |
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Only can be convicted of treason if.... |
Two witnesses, or confession in open court |
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Robbery Actus/Mens/Circumstance |
Actus Reus: Taking AND carrying away person's property by force or threat of force (intrinsic or extrinsic) Mens Rea: Intent to permanently deprive someone of property by force Circumstance: Property taken from victim's person or in her presence |
