Criminal Law Final

Front 1

Defense

Back 1

evidence and arguments offered by a defendant and hisattorney to show why that person should not be held liable for a criminalcharge

Front 2

Justification

Back 2

a type of legal defense in which the defendant admits tocommitting the crime but claims it was necessary in order to avoid some graterevil

Front 3

Excuse

Back 3

a type of legal defense in which the defendant claims thatsome personal condition or circumstance at the time of the act was such that heshould not be held accountable under criminal law

Front 4

Affirmativedefense

Back 4

defendanttakes the offensive and responds to the allegations with his own assertionsbased on legal principles. Must be raised and supported by the defendantindependently of any claims made by the prosecutor. Included justifications andexcuses

Front 5

Dutyto retreat rule

Back 5

requires that a person being attacked retreat in order toavoid the necessity of using force against the attacker if retreat can beaccomplished with “complete safety”

Front 6

Alterego rule

Back 6

personcan only defend a third party under circumstances and only to the degree thatthe third party could act on his or her own behalf

Front 7

Castleexception

Back 7

anexception to the retreat rule that recognizes a persons fundamental right to bein his home and also recognizes the home as a final and inviolable place ofretreat

Front 8

Expressconsent

Back 8

verballyexpressed willingness to engage in a specified activity

Front 9

Duress

Back 9

youdon’t have mensrea, ex. You have bombs attached to you and if you don’t rob thebank theyre going to blow you up

Front 10

Mistakeof fact

Back 10

Youthink its one thing but its another

Front 11

Mistakeof law

Back 11

thinking the law is one thing but its another

Front 12

Infancy

Back 12

below the age of majority, cant consent

Front 13

Entrapment

Back 13

improperor illegal inducement to crime by enforcement agents

Front 14

Syndromebased defense

Back 14

battered women syndrome: applies to men and women, everyperson that suffer from this is a battered person however not all battered peoplesuffer from batter person syndrome

Front 15

Competentto stand trial

Back 15

findingby a court that the defendant has sufficient present ability to consult with hislawyer with a reasonable degree of rational understanding and that thedefendant has a rational as well as factual understanding of the proceeding againsthim (before trial)

Front 16

M’naugthenrule

Back 16

rulefor determining insanity that asks whether the defendant knew what he or shewas doing or whether the defendant knew what they were doing was wrong

Front 17

Irresistibleimpulse test

Back 17

testfor insanity that evaluates defense claims that at the time the crime was committed,a mental disease or disorder prevented the defendant from controlling hisbehavior in keeping with the requirements of the law

Front 18

Durhamrule

Back 18

rulefor determining insanity that holds that an accused is not criminallyresponsible if his unlawful act was the product of mental disease or defect

Front 19

Substantialcapacity test

Back 19

(ALI)a person is not responsible for criminal conduct if at the time of such conductas a result of mental disease or defect he lacks substantial capacity either toappreciate the criminality of his conduct or to conform his conduct to therequirements of the law

Front 20

Theft

Back 20

generalterm embracing a wide variety of misconduct by which a person is unlawfullydeprived of his property

Front 21

Acquisitiveoffense

Back 21

acrime that involves the unlawful acquiring or appropriation of someone elsesproperty

Front 22

Larceny

Back 22

trespassoryor wrongful taking and carrying away of the personal property of another withintent to steal

Front 23

Tangibleproperty

Back 23

pertythat has physical form and can be touched, such as land or jewelry

Front 24

Personalproperty

Back 24

anythingof value that is subject to ownership and that is not land or fixture

Front 25

Fixture

Back 25

an item that is permanently affixed to the land

Front 26

Intangibleproperty

Back 26

propertythat has no intrinsic value but that represents something of value. Ex: deeds,records of ownership

Front 27

Asportation

Back 27

trespasorytaking and carrying away

Front 28

Claimof right

Back 28

a defenseagainst a charge of larceny that consists of an honest belief in ownership orright to possession

Front 29

Conversion

Back 29

unauthorizedassumption of the right of ownership. A central feature of the crime ofembezzlement as in the unlawful conversion of the personal property of another,by a person to whom It has been entrusted

Front 30

Uttering

Back 30

offering,passing, or attempted passing of a forged instrument with knowledge that thedocument is false and with the intent to defraud

Front 31

Robbery

Back 31

unlawfultaking of property that is in the immediate possession of another by force ofby threat of force

Front 32

Extortion

Back 32

takingof personal property by threat of future harm

Front 33

Burglary

Back 33

breakingand entering of a building, with intent to commit a felony or theft

Front 34

Looting

Back 34

burglarycommitted within an affected geographic area during an officially declaredstate of emergency

Front 35

Computerfraud

Back 35

statutoryprovision, found in many states, that makes it unlawful for any person to use acomputer or computer network without authority and with the intent to 1. Obtainproperty or services by false pretenses 2. Embezzle or commit larceny 3. Convertthe property of another

Front 36

Computertrespass

Back 36

offenseof using a computer or network without authority and with the intent to 1. Removecomputer data, computer programs, or computer software from a computer ornetwork 2. Cause computer malfunction 3. Alter or erase any data or program orsoftware 4. Effect the creation or alteration of a financial instrument or ofan electric transfer of funds

Front 37

Theftof computer services

Back 37

willfuluse of a computer or network with the intent to obtain computer serviceswithout authority

Front 38

Personaltrespass by computer

Back 38

useof a computer or network without authority and with the intent to causephysical injury

Front 39

Computertampering

Back 39

illegallyinserting or attempting to insert a “program” into a computer, while knowing orbelieving that the “program” contains information or commands that will or maydamage or destroy that computer

Front 40

Breachof peace

Back 40

any unlawful activity that unreasonably disturbs that peace and tranquility ofthe community

Front 41

Affray

Back 41

fightbetween two or more people in a public place to the terror of others

Front 42

Prizefighting

Back 42

unlawfulpublic fighting undertaken for the purpose of winning an award

Front 43

Espionage

Back 43

unlawfulact of spying for a foreign government

Front 44

Sedition

Back 44

crimethat consists of a communication or agreement intended to defame the governmentor to incite treason

Front 45

Criminalcontempt

Back 45

deliberateconduct calculated to obstruct or embarrass a court of law

Front 46

Misconductin office

Back 46

Acts that a public officeholder 1. Has no right to preform,2. Performs improperly, 3. Fails to preform in the face of an affirmative dutyto act

Front 47

Pornography

Back 47

the“depiction of sexual behavior in such a way as to excite the view sexually”

Front 48

Obscenity

Back 48

thatwhich appeals to the prurient interest and lacks serious literary artistic,political, or scientific value (illegal)

Front 49

Precursorchemical

Back 49

chemical that may be used in the manufacture of a controlledsubstance

Front 50

Forfeiture

Back 50

lawthat allows judges to seize all “monies, etc. all proceeds traceable to such anexchange