L And J Final Exam

Front 1

Tangible Crime

Back 1

-crime has to be an action; cannot be punished for thought

Front 2

Actus Reus

Back 2

The criminal act

Front 3

kinds of Actus Reus

Back 3

-voluntary acts
-possesion
-omission to act

Front 4

Mens Rea

Back 4

criminal intent

Front 5

mens rea penal code

Back 5

-purposeful: was criminal harm intended
-knowing-: aware of possible harm to come
-reckless: aware of stupidity/danger
-negligent: unaware of danger but should have been

Front 6

concurrence

Back 6

the union of the criminal act and the criminal intent
actus reus+mens rea

Front 7

Harm- injury to the individual

Back 7

physical/mental/or property

Front 8

harm- injury to society

Back 8

"victimless crimes"
prostitution/gambling/drug use/devaluing society

Front 9

Factual Causation

Back 9

"but for"
the setting of motions that lead to harm or death

Front 10

Legal Causation

Back 10

"proximate causation"
if death or harm is foresaw by person setting chain of events in motion

Front 11

liability without fault- Strict Liability

Back 11

do something without the mental element

Front 12

Vicarious Liability

Back 12

a person is in charge of a subordinate (boss/employee parent/child) is charged responsible for acts committed by subordinate.

Front 13

inchoate (incomplete) crimes

Back 13

crimes that occur in preparation for an offense

Front 14

attempt

Back 14

attempt at a crime is made, but discovered and stopped before damage is done

Front 15

Solicitaion

Back 15

trying to "sell" the crimes to others to become involved

Front 16

conspiracy

Back 16

planning to commit a crime

Front 17

entrapment

Back 17

government set up to create a safe outlet for those who have the motivation

Front 18

Parties to a crime- Principals in the first degree

Back 18

Person/people who committed crime

Front 19

principals in the second degree

Back 19

people working further away from the crime but are facilitating the crime

Front 20

accessories before the fact

Back 20

provide goods, services to those committing the crime

Front 21

accessories after the fact

Back 21

people who aid/abet. cleaning injuries, hiding people out. "obstruction of justice"

Front 22

defenses of criminal liability- alibi

Back 22

removes person from criminal activity. have strong proof that you physically could not have been where crime was committed

Front 23

affirmative defense

Back 23

shifts the burden of innocence to defense.

Front 24

justification

Back 24

perfect defense; defendant did what accused of but it was legal/okay at the time

Front 25

excuse

Back 25

defendant committed the crime , shouldn't have but has a legitimate reason

Front 26

JUSTIFICATION DEFENSES-self defense

Back 26

most states require you flee in any possible way before turning on your aggressor. If you use force, you must ensure that you're being aggressed upon at that time.

Front 27

consent-

Back 27

if you signed up for it, you cannot charge. (contact sports)

Front 28

necessity (choice of evils)

Back 28

something you must do in order to survive. in order for it to be okay, it must have been your final and only option to live.

Front 29

execution of public duties

Back 29

police officers can do things that apply as "assault" because of public duty and law

Front 30

excuse differences (different from justifications)- DURESS

Back 30

situations involving the threat of serious imminent harm to oneself. the criminal act under duress must be less serious crime compared to the injury threatened.

Front 31

intoxication

Back 31

varies. still liable for actions. Some states have intoxication as an aggravated offense.

Front 32

involuntary

Back 32

crime committed under the influence of drugs not voluntarily take. varies.

Front 33

age

Back 33

juveniles are punished differently than adults

Front 34

insanity plea

Back 34

*not the same as mental illness*
can be put in mental institution for longer than threatened jail time

Front 35

FOUR PRIMARY MENTAL TESTS

Back 35

-M'Naughten rule
-Durham rule
-irresistible impulse
-substantial capacity

Front 36

homicide

Back 36

broad term- basically the killing of another individual

Front 37

murder ranks- first degree

Back 37

deliberate and premeditated

Front 38

second degree murder

Back 38

killings that are intentional but not premediated

Front 39

felony murder

Back 39

someone dies during the occurrence of a felony in process that not necessarily a murder. i.e: old lady has heart attack

Front 40

manslaughter- voluntary

Back 40

-mistaken self defense
-adequate provocation (heat of passion)

Front 41

involuntary manslaughter

Back 41

unintentional killing which occurs as a result of a reckless act

Front 42

Negligent homicide

Back 42

unintentional killing
should have been aware of substantial risk of death
conduct deviated from ordinary level of care

Front 43

assault

Back 43

attempt or threat to inflict immediate harm

Front 44

battery

Back 44

unjustified offensive physical conduct

Front 45

aggravated assault

Back 45

serious injury or assault with an item

Front 46

rape

Back 46

carnal knowledge by a man forcing upon a woman without her consent
-no death penalty

Front 47

arson- first degree

Back 47

occupied structure

Front 48

arson- second degree

Back 48

unoccupied structure

Front 49

arson- third degree

Back 49

personal property

Front 50

burglary

Back 50

entry alone is NOT burglary (breaking and entering) must have unlawful entry with intent to commit another crime while inside the building.

Front 51

larceny and theft

Back 51

Larceny is graded depending on method of taking and the value of the property taken
permanently depriving someone of their ownership of an object

Front 52

robbery

Back 52

classified as a violent crime
use of force to take something

Front 53

extortion

Back 53

a taking of property accomplished by the threat of future harm to person, property or reputation

Front 54

what is criminal procedure?

Back 54

creates a method that police must follow to restrain your civil liberties

Front 55

warrant clause

Back 55

all warrants must be based on probable cause
very particular
issue upon oath or affirmation

Front 56

seizure

Back 56

the exercise of dominion of control of police over a person or item

Front 57

detention

Back 57

seeing that the police restrained your liberty to be free to leave

Front 58

stops

Back 58

brief detention usually to dispel suspicion or ask question of a person

Front 59

arrest

Back 59

requires a higher threshold of evidence.
needs probable cause

Front 60

when can an officer execute an arrest

Back 60

-upon the issuing of a valid warrant
-the officer has probable cause

Front 61

manner of arrest

Back 61

-officers may use whatever force is contextual necessary to invoke an arrest
-must announce presence and purpose

Front 62

searches that are not searches

Back 62

open fields
abandoned property

Front 63

civil law -Monetary damages

Back 63

suing/ does something involving injury

Front 64

compensatory

Back 64

given to the injured party to make them whole again

Front 65

punitive

Back 65

deter large corporations from causing injury

Front 66

injunctions

Back 66

judges use to prevent damages. fighting a policy etc.

Front 67

specific performance

Back 67

mandates an action, suing for an action to be done.

Front 68

Kansas vs. Hendricks 1997

Back 68

-Hendricks committed multiple child molestations
-did all jail time
-ruled that he was unsafe in society/offend again
-committed to a mental health hospital until well again.

Front 69

punitive damages

Back 69

monetary compensation that goes to injured party that is more than enough to make them whole. is intended to punish the wrong doer.

Front 70

tort law

Back 70

law dealing with the harm that is inflicted on the plaintiff by the action (or inaction) by the defendant

Front 71

3 major goals of tort law

Back 71

1. determine the wrong that was committed
2. determine the remedy for the wrong
3. make the harmed party whole again

Front 72

res judicata

Back 72

once a case has been decided and passes all possible appeals, it is done.

Front 73

intentional acts

Back 73

situations where the defendant deliberately causes harm to another person or another persons property

Front 74

negligent act

Back 74

you have a duty to have ordinary care- degree of care expected from a reasonable person

Front 75

breach

Back 75

the breach in duty was the cause of the injury/harm

Front 76

injury

Back 76

what would repair he damage done

Front 77

causation

Back 77

actual probable causation breach caused injury

Front 78

contributory negligence

Back 78

if you play a part in your own damage you will not be reimbursed.
*replaced with comparative negligence*

Front 79

comparative negligence

Back 79

reduced the damages you can claim based on how much of a role you played in your damage.
-you can still claim, just less.

Front 80

freehold estate

Back 80

where an individual owns a piece of property

Front 81

non-freehold estate

Back 81

involved only the right to use property (rental agreement)

Front 82

adverse possession

Back 82

where a person acquires possession of another persons property by using it

Front 83

nuisance doctrine

Back 83

a property owner may not use his/her property in such a way that has an unreasonable adverse effect on the property owner

Front 84

contract requirements

Back 84

-2 party requirement
-legal capacity
-assent requirement- cannot be said in joke
-legality requirement- has to be a legal act

Front 85

administrative law

Back 85

governmental administrative agencies whose activities include the enforcement and adjudication of specific regulatory agency.