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13 Cards in this Set
- Front
- Back
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What is "Scienter"?
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the degree of knowledge that makes an individual legally responsible for the consequences of his acts; somtimes is made an essential element of a crime and must be proved beyond a reasonable doubt.
Ex. a cop asks you for help and you refuse..KNOWING he is an officer Knowing you are receiving stolen property |
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What is the difference between "intent" and "motive"?
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Intent is the mental purpose or the design to commit a specific act.
Motive is the cause, inducemnt or reason why an act is committed. |
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What is a "Strict Liability" crime?
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A relatively new type of crime. The govt doesnt have to prove a mental element was involved. They only have to prove that the act was committed.
Usually the punishment is lighter except for narcotics. Ex: having sex w/someone under age, doesnt matter if they consented or if you knew their age The defendant is guilty regardless of their state of mind at the time. |
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What is "Proximate Cause"?
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When a crime is committed the state must prove that the wrongful act by the defendant was the "ordinary and probale cause of the harm that resulted".
Ex: you stab someone and they die in the hospital 6 weeks later from hepititus. You are the cause of thier death cuz if you hadnt stabbed them, they wouldnt have been hospitalized in the first place. |
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If someone is accidentally killed while you are committing a felony, what can you be charged with?
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Felony murder
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If someone is accidentally killed while you are committing a misdeamenor or other minor offense can you be charged with felony murder?
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No - but you can be charged with a lessor offense such as Involuntary Manslaughter IF it can be proved that the harm was the natural and probable consequence of the wrong done by the defendant.
Ex: repeatedly allowing vicious animals to run loose..kills a jogger. Charged w/Involuntary Manslaughter |
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Can Possession alone be a crime?
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Yes: Possession may be 1) actual or 2) constructive
Sole or Joint Usable amount/Trace Amt/w/in the body or a combination of any of the above |
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What is "Constructive Possession"?
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When a defendant has control over property and objects that are not in his actual possession.
Ex: object may be in his car 2 blocks away, in a desk drawer or a suitcase |
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Can you be convicted of Carrying if the object is in the trunk of your car parked 2 blocks away?
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No, must be in your immediate possession.
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Does Possession have to be proved?
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No, possession of personal property is presumptive evidence of ownership.
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What is a "presumption"?
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The first presumptions were common law presumptions created by the courts. The best known is "innocent until proven guilty". It is a rebuttable presumption which means it may be overcome by evidence proving otherwise.
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What is "Conclusive Presumtion"?
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A statement of substantive law that CANNOT be overcome with evidence. The best known is you cant be convicted of a crime if you are under 7 years old.
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What is an "inference"?
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A conclusion or deduction that a jury or judge may draw from a fact or a group of facts presented to them.
A common one is that the person intended (desired) the natural and probable consequences of their deliberate acts. |
