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20 Cards in this Set
- Front
- Back
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Elements of a crime |
Crime = Act + intent |
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What are the three categories of crime |
Felony Misdemeanor Infraction |
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How is a felony punishable |
Punishable by death, imprisonment and a prison facility and or fine |
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How is a misdemeanor punishable |
Punishable by fine and or jail facility |
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How is an infraction punishable |
Punishable by fine only |
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Presumption of innocence |
A defendant in a criminal proceeding is presumed to be innocent and tell each element of the offense charged against him is proved Beyond A Reasonable Doubt |
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What are the types of Inchoate offenses |
Attempt Conspiracy Solicitation |
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Attempt |
Is made up of intent + substantial step towards Commission of the crime |
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Conspiracy |
Is made up of intent + agreement + overt Act Overact example is buying the poison buying the gun to commit the crime |
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Solicitation |
It is made up of intent + solicitation |
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Statue of limitations |
There's only so much time given to file against the crime once it is committed also called commenced |
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Commenced |
Finding and filing an indictmentFiling of infoCitation Filing Filing of info Citation |
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Tolling |
If you go out of state it stops the time of the limitation of filing until you come back into state |
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What is the time limitation of filing Capital felony felony misdemeanor and an infraction |
Capital felony - anytime Felony - 4 years Misdemeanor-2 years Infraction - one year |
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Compulsion |
The person is not guilty if he is forced to commit the crime by threaten or any other unlawful physical Force upon him exception if he puts himself knowingly or voluntary in the situation that would possibility have the outcome of him being compulsion |
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Entrapment |
Entrapment occurs when a peace officer or person directed by or acting incorporation with the officer and Deuces the commission of an offence in order to obtain evidence of the commission for prosecution by methods creating a substantial risk that the offense would be committed by one not otherwise ready to commit it |
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Ignorance or mistake of fact or law |
There is no defense for this except Reasonable belief that it is okay and that there was a statement of law by an official that says it was okay Official is a judge or anybody in that power |
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Mistaken as to the age of the victim |
Is not the defense even if you're unaware of the victim's true age |
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Voluntary intoxication not a defense |
Only defense to knowing and intentional crimes not Reckless and negligent |
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Voluntary termination of efforts |
The actor involuntary terminate his effort to promote or facilitate its commission and either gave timely warning to the proper law enforcement authorities or the intended victim or wooly deprives his prior efforts of Effectiveness in the commission |
