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67 Cards in this Set
- Front
- Back
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Actus Reus |
Guilty Act |
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Mens Rea |
Mental state |
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Mental States |
Intentionally, Knowingly, Recklessly, Negligently |
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Criminal Cases |
The state is the moving party (plantiff), which means only the state can bring the criminal case. |
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Remedy most often sought in a criminal case? |
Incarceration |
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Civil cases |
An individual is most commonly the moving party(plantiff). Typically private action between individuals. |
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Common remedy sought for civil cases? |
Monetary damages |
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Most common reasons why guilty defendants get off? |
1. Failure prosecutor to properly prepare 2. Mistakes, omissions, errors or conclusions found in police reports 3. Contradictions in police reports 4. Statements of Suspects |
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Presumption of Innocence |
Every person is presumed innocent until proven guilty. |
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Who can get free Legal assistance? |
All indigent persons who are charged or held for criminal acts are entitled to legal representation at the state's expense. |
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Who has the right to demand a Preliminary hearing? |
Every person accused of a Class 1,2 or 3 felony has the right to demand a preliminary hearing to determine if probable cause exists. If accused of a Class 4,5 or 6 felony and felony requires mandatory sentencing or is a crime of violence the defendant has the right to demand preliminary hearing. |
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Speedy trial |
The state has 180 days to bring a defendant to trial on issues raised by any criminal complaint, information or indictment from the date of entry of not guilty |
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Aid and assist |
Knowingly to give or lend money or to further the activity thus aided or assisted |
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Bodily injury |
Physical pain, illness, or any impairment of physical or mental condition |
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What is Deadly physical force? |
Force intended, the natural and probable consequence of which is to produce death and which in fact, produces death |
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Deadly weapon |
In the manner it is used or intended to be used, is capable of producing death or serious bodily injury |
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Examples of a deadly weapon |
1. Firearm 2. Knife 3. Bludgeon 4. Any other weapon, device, instrument, material or substance, whether animate or inanimate 5. Hands or feet may be deadly weapons |
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Dwelling |
A building, which is used, intended to be used or usually used by a person for habitation |
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What is the presumed term for someone that is convicted of a crime of violence? |
Any person convicted of a crime of violence must be sentenced to a term of incarceration of at least the midpoint but not twice the maximum |
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Statute of limitations |
1. No limit- Murder, kidnapping, treason, forgery, any sex act against a child 2. 3 years- All other felonies 3. 18 months- misdemeanors 4. 6 months- Petty offenses 5. 1 year- Class 1 and 2 misdemeanor traffic offenses |
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Deliberation |
Premeditated, specific intent, conscious objective is to cause the result |
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Knowingly/ willfully |
Willful mental state, impulsive conduct, aware that conduct is practically certain to cause the result |
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Recklessly |
Consciously disregards a substantial and unjustifiable risk |
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What is Criminal negligence? |
Gross deviation from the standard of care that a reasonable person would exercise, fails to perceive a substantial and unjustifiable risk |
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Omission |
A failure to perform an act as to which a duty of performance is imposed by law |
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Strict liability |
Do not need to prove a mental state, ie. Statutory rape, vehicular homicide, vehicular assault, no excuse or defense is allowed |
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Intoxication |
Is a defense to those crimes which require specific intent, not a defense for crimes of knowing or general intent |
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Insufficient age |
Less than 10 years old no criminal |
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Insanity plea |
Diseased or defective in mind, incapable of distinguishing right from wrong with respect to that act is not accountable |
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Complicity |
Accountable as a principle for the behavior of another's criminal conduct if with intent to promote or facilitate the commission of the crime, you aid, abet, advise, encourage the other person in the planning or commission of the crime |
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Affirmative defense for Complicity |
Defendant terminated his effort to promote or facilitate the crime Gave timely warning to police Gave timely warning to victim |
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Justification and Exemption from Criminal Responsibilty |
Execution of public duty Duty of public servants Duties of private citizens to assist public servants Military service and conduct of war Judgments and orders of courts |
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Choice of evils |
Necessary as an emergency measure To avoid imminent public or private injury |
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Persons able to use physical force |
Parents, Prison/jail officials, Common carriers, Suicide prevention, physicians |
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Define Defense of persons |
Physical force: in order to defend yourself or a third person from use or imminent use of unlawful physical force Deadly force: only if a person reasonably believes a lesser degree of force is inadequate |
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Right to defend yourself |
No duty to retreat Harm must be imminent Reasonable belief that a lesser degree would be inadequate |
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Use of force against intruders (Make my Day) |
Only applys to unlawful entry of a dwelling Someone has committed, is committing or intends to commit a crime against persons or property in a dwelling Applies only to dwellings( not the porch, jail/prison cell Deadly force can be used by any occupant |
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Premise |
Any building, real estate and all improvements erected thereon |
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When can you use deadly force In defense of a premise? |
One can only use deadly force in defense of themself or if someone is attempting to commit first degree arson |
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Chokehold |
Means a method by which a person holds another person by putting his or her arm around the other persons neck with sufficient pressure to make breathing difficult or impossible and includes pressure to someone throat or windpipe |
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Persons assisting peace officers |
Physical force: can use reasonable and appropriate force when directed by a peace officer to do so Deadly force: reasonably believes it necessary to defend self or a third party from imminent use of deadly force |
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What is Duress? |
A person cannot be convicted of a crime based upon conduct in which he engaged because of the use or threatened use of unlawful force, force in which a reasonable person in his situation would not be able to resist |
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Exceptions to duress being used a defense |
Committed a Class 1 felony
Person intentionally or recklessly placed himself in the situation
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Entrapment |
An act engaged in the conduct only because he was induced to do so by law enforcement seeking to obtain evidence for purposes of prosecution |
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Inchoate crimes |
Incomplete crimes |
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Criminal attempt |
Offender must take a substantial step, or have more than mere preparation, intending to commit a crime |
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Rule for charging criminal attempts? |
Offender would be charged one class lower than the actual crime |
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Defense for Criminal attempts |
Abandonment: complete and voluntary renunciation of the crime Cannot be because they feel they might be caught, crime becomes more difficult to commit or postpones the crime |
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When does criminal attempts merge? |
When the crime is committed, merges into actual crime |
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Conspiracy |
Agreed with one or more persons to accomplish an unlawful purpose, which amounts to a crime |
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Issues with Conspiracy |
An overt act must be proven Must prove intent One man conspiracies are possible ie. Informants or undercover officers |
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Accessory |
The act of rendering assistance to another after the crime has been committed |
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Criminal solicitation |
Commanded, induced, entreated or otherwise attempted to persuade someone to commit a felony |
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When is someone charged with felony one class lower than the actual crime? |
Criminal attempts, Criminal solicitation |
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10 skill domains for fitness |
Cardiovascular/Respiratory Stamina Strength Flexibility Power Speed Coordination Agility Balance Accuracy |
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3 metabolic pathways |
Phosphagen- high power Glycolytic- mid power Oxidative- low power |
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Goal of fitness |
General physical preparedness |
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Absolute vs Dynamic strength |
Absolute- one rep max Dynamic- moving weight rapidly and repeatedly |
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Process vs outcome thinking |
Outcome- reaction Process- responding |
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Example of gas petal triggers |
1. Oh or you 2. Must, have to, should 3. Name calling 4. Focus on negative/errors |
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Examples of break petal triggers |
1. Focus on your breathing 2. Positive verbiage 3. Positive visualization 4. Positive perspective |
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Three types of learning styles |
1. Visual- learns by visual aids 2. Auditory- learns by hearing 3. Tactile- learns by role playing |
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Malum per se |
Evil itself |
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Malum prohibitum |
Evil because the state says it's evil |
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Major goals of law enforcement |
1. Reduce crime, fear of crime and public disorder 2. Protection of life and property 3. Enforcement of laws 4. Improve quality of life |
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What is ethics? |
Part of the philosophy dealing with the general nature of good and bad |
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6 pillars of character |
1. Trustworthiness 2. Respect 3. Responsibility 4. Justice and fairness 5. Caring 6. Civic virtue and citizenship |
