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23 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Probable Cause |
A set of facts, circumstances, reliable information which would lead a reasonable prudent and cautious police officer to believe a that a crime has been committed, is about to be committed, and that a certain person committed it. |
Set of facts |
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Crime |
Crime is positive or negative act in violation of penal law, an offense against the state or the US itself |
Positive or Negative Act |
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Crime |
*The crime may be an act or failure to act.
*Act must be a social or public harm, rather than a tort.
*If act was done without criminal responsibility then it is NOT A CRIME
** If act was done in self defense of under 7 years old, or done by someone insane at time of offense, then person can’t. **Only a person can be declared insane by a court of law. ** Purpose of criminal law is not punishment. Maintain social order Any social harm defined is made punishable |
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Criminal Behavior |
Criminal Behavior: the act must be punishable by law at the time the person performed the act |
Punishable by Law |
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Components of a Crime |
1. The Criminal Act or “Actus Reus” 2. The Criminal Intent or “Mens Rea”: mental or non physical element in combination with the criminal act, compromise the crime charged |
2 Components Mens and Actus |
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General Intent |
ALL CRIMES MUST HAVE GENERAL INTENT!! General Intent: Willfully doing a prohibited act. The accused neither intended to break the law nor do anything wrong. As long as the act was done by free will. |
General Intent |
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Specific Intent |
Specific intent: Particular wrongful state of mind must be present in addition to the willful doing of the act. The accused must not only have intended the prohibited act but must have free will, but must intend a certain outcome, although the intended outcome need not to be the actual outcome. |
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Types of Crimes |
1. Felony: Offense punishable by death or imprisonment 1yr+ 2. Misdemeanor: An offense punishable by imprisonment for not more than 1 year. 3. Statutory Misdemeanor: Crimes specifically made a misdemeanor by a statute, but can be held for more than 1 year. FAILURE TO MAKE AN ARREST |
3 Types |
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22-1805 Persons to be Charged as Principals |
Persons to be charged as principals: Direct participant in a crime. Person that actually commits the crime. |
Principals |
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22-1806 Accessory After the Fact |
Accessory After the fact: Separate distinct defense against he US either felony or misdemeanor has been committed. ***Either felony or misdemeanor 1. Particular person other than the accused has committed the offense. 2. Accused must have knowledge a person has committed the offense. 3. The accused must have knowledge that the person has committed an offense. 4. The accused receives relives or assists that person. 5. With attempt to hinder, or prevent apprehension, trial or punishment. ** For all other offenses the maximum for the accessory is 1 half the maximum fine, imprisonment or both in which the prisoner or subjected. |
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22-1803 Attempted to Commit Crimes |
The accused must have the intent to commit a specific crime. Overt act must have occurred going beyond near preparation to appoint within dangerous proximity of the criminal end sought The attempt is not otherwise punishable under another criminal statue of the code. (attempted robbery, arson, and sexual abuse offenses) **Misdemeanor 180days, Felony is 23.1331 is up to 5years. |
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22-404 (a)(1) Simple Assault |
An attempt or effort with force or violence to do injury to another. At the time such attempt or effort was made, the accused the has ability to affect such injury. At the time of the commission of the assault, the accused intended to do the act(s) which constituted the assault. ***Misdemeanor 180days |
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22-404 (a)(2) Assault in a Menacing Manner |
Assault in a Menacing Manner (significant bodily injury): Unlawfully assault or threats another in a menacing manner. Intentionally knowingly and recklessly causes significant bodily injury. Significant bodily injury: injury that requires immediate medical attention or hospitalization. ***Felony 3years |
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22.404.01 Aggravated Assault |
Aggravated assault: by any means that person knowingly or purposely causes serious bodily injury to another person. Under circumstances manifesting extreme indifference to human life, that person intentionally or knowingly engages in conduct which creates a grave risk of serious bodily injury to another person. Thereby causing serious bodily injury (bodily injury that causes death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or impairment or the function of a bodily member, organ or mental faculty); life threatening or disabling. typically requires treatment, other damages. ***FELONY 10YEARS Attempted aggravated assault, SERIOUS bodily injury did not occur. FELONY 5years |
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22-402 Assault With a Dangerous Weapon (ADW): |
Unlawful assault with a dangerous but not necessarily deadly weapon. A dangerous weapon is an object that is likely to product death or serious bodily injury when used in an offensive manner; this can include any object capable of serious bodily injury. VICTIM DOES NOT HAVE TO SUSTAIN ANY KIND OF INJURY *** Felony of 10years **When placing charge “ADW_object.” Weapon has to be identified, whether object can be recovered or not. |
ADW |
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22.406. Mayhem or Malicious Disfiguring |
An unlawful assault resulting in the loss of a member of a person’s body, or rendering the member useless or leaving the member usefulness impaired. With general intent to commit the assault. ***Felony 10years Malicious Disfiguring: An unlawful assault that caused injury that permanently disfigured the victim (Specific intent) **Felony 10years. * In order to be on scene. Charge with which element is closest. |
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22.405. Assault on Law Enforcement officers or Other Officers of the District, Including firefighters and those charged with Juvenile or Community Supervision (APO): |
22.405. Assault on Law Enforcement officers or Other Officers of the District, Including firefighters and those charged with Juvenile or Community Supervision (APO): The complainant must be related to the victim’s official duties. Including reserve officer, or designated civilian of MPD. Any licensed special police officer (SPO). Any officer or member of any fire department operating in Dc, and officer or employee of any penal or correctional institution of dc. Any officer or employ of the government of DC charged with the supervision of juveniles being confined pursuant to law in any facility of DC regardless of whether such institution/facility is located within the district. Any investigator or code inspector employed by the government of dc. Any officer or employee of Department youth rehabilitation services DYRS). Court services and offender supervision agency (CSOSA), also social services devision of superior court, or pre-trial services agency charged with intake, assessment or community supervision. The accused without justifiable or excusable cause, assaulted, resisted, opposed, impeded, intimidated, or interfered with the complainant. During or on account of the performance of the victims official duty whether on or off duty. With general criminal intent to commit the act. *****GO-OPS-701.03 when victim is an MPD Officer *****Misdemeanor 180days If the suspect causes significant bodily injury on the officer or commits a violent act that creates the grave risk of significant bodily injury, act is a ***Felony 10years. |
APO |
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22-401 Assault with Intent to Kill (AWIK) |
22.401 Assault with intent to kill, rob, or poison, or to commit first degree sexual abuse, second degree sexual abuse or Child Sexual abuse (AWIK) SPECIFIC INTENTUnlawful assault… With specific intent to killAssault with intent to rob.Unlawful assault…With specific intent to commit a robbery. Assault with Intent to Commit First Degree Sexual Abuse, Second Degree Sexual Abuse or Child Sexual AbuseUnlawful assault…With specific intent to perform a sexual act with an adult or child as defined in 22.3002, 3003, 3008, 3009…with the purpose to carry this intent into effect either by force or without force, or by threatening bodily harm or by threats other than bodily harm to anyone. Assault with Intent to PoisonMingling poison with food drink or medicine…with specific intent to kill…willfully poisoning any wells or spring, cistern of water.
FELONY 2-15years |
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22.404(a)(1) Threats in a menacing maner (Actions…General Intent) |
Threats in a menacing maner (Actions…General Intent) the accused made an attempt to put or actually put another in fear of imminent bodily injury by means of an overt act or gesture The accused has the apparent present ability, to the victim to affect the act or assault. **Misdemeanor 180days |
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22.407 Threats to do bodily harm (Words [spoken or written]… |
22.407 Threats to do bodily harm (Words [spoken or written]… Words spoken or written of such a nature as to convey a menace or fear of bodily harm to the ordinary hearer. General intent to do the act which constitutes the threat. Misdemeanor 6months |
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22-1810 Threatening to Kidnap or Injure a person or damage his property.. |
22.1810 Threatening to kidnap or injure a person or damage his property (Felony Threats) Who ever within DC threatens to kidnap any person or to injure the person of another or physically damage the property of any person or of another person in whole or in part. Threat can be based on a future condition (action = retaliation) In order to support in order to support any threats charge there must be a reasonable belief by the person who hears the threat that the suspect is capable of carrying out the threat. The suspect does not have to make any effort to follow thru with the threats, but just making the threat is sufficient. ***Felony 20years [Tolentino vs. United States 1994 threat can be written or spoken] |
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Stalking 22, chap 31A 22.3132 |
Definitions: unlawful for a person to purposely engage in a course of conduct directed at a specific individual; WITH THE INTENT to cause that individual (abc)… That the person knows what caused that individual reasonably to fear for (abc)….that the person should have known would cause a reasonable person in the individuals circumstances to (abc)… A.fear for safety or safety of another person B.feel seriously alarmed, disturbed or frightened C.suffer emotional distress ANY DEVICE or MEANS **Communicating by using oral or written communication, photos etc to convey a message. Including sign language. Personal Identifying information **To directly or indirectly, or thru one or more third persons |
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22.3133 Stalking |
22.3133 Stalking: Can be specific individual or individual in general. MUST HAVE TWO OR MORE OCCASIONS. Conduct of each occasion need not to be the same as it is in others. Does not apply to constitutionally protected activities, such as labor related protests or labor related activities. Where a single act is of a continuing nature, each 24hr period constitutes a separate occasion |
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