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25 Cards in this Set

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  • Back
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Intent
consious desire to cause the outcome
consious
knowingly
aware the conduct is reasonably likely to cause the outcome
reasonably likely
reckless
aware of but consciously disregarded unjustifiable risk
consciously disregarded
Age affecting criminal responsibility
may not be prosecuted or convicted of any offense younger than 15 except felonies and class c misdemeanors
15
Criminal negligence
ought to know better
ought
Insanity
Severe mental disease or defect
Did not know his conduct was wrong

Affirmative defense
mental disease
Mistake of Fact
Actor through mistake formed a reasonable belief about a matter of fact

Defense
reasonable belief
Mistake of Law
No defense for ignorance of the Law
NO DEFENSE
Intoxication
voluntary intoxication does not constitute a defense to the commission of crime
commission of crime
Entrapment
induced to do so by a law enforcement agent using persuasion or other means likely to cause persons to commit the offense

Defense
agent using persuasion
Duress
compelled to do so by threat of imminent death or serious bodily injury to himself or another

Affirmative Defense
threat of imminent death
Child with mental illness disability or lack of capacity
a child with a mental illness or developmental disability lacks the capacity to understand the proceedings in criminal court
lacks the capacity to understand
Penalties for repeat and habitual felony offenders
Capital Felony
Proof beyond a reasonable doubt
All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt
All persons are presumed to be innocent
Criminal episode
Criminal episode means the commission of two or more of offenses upon more than one person or item of property
commission of two or more
Consolidation and joinder of prosecutions
a defendant may be prosecuted in a single criminal action for all offenses arising out of the same criminal episode
single criminal action for all offenses
2nd Degree Felony PUNISHMENTS
2 to 20 years and/or fine not to exceed $10,000
1st Degree Felony PUNISHNENTS
- 5 to 99 years
and/or
- fine not to exceed $10,000
Capital Felony PUNISHMENTS
OVER 18
- life without parol
-death

UNDER 18
-life
Class C Misdemeanor PUNISHMENTS
- fine not to exceed $500
Class B Misdemeanor PUNISHMENTS
- not to exceed $2,000
and/or
-jail no longer than 180 days
Class A Misdemeanor PUNISHMENTS
- not to exceed $4,000
and/or
-jail no longer than 1 year
Exception
- PROSECUTING attorney must raise this in court
- must be proven beyond a reasonable doubt
3rd Degree Felony PUNISHMENTS
- 2 to 10 years
and/or
- fine not to exceed $10,000
State Jail Felony PUNISHMENTS
- 180 days to 2 years
and/or
- fine not to exceed $10,000