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43 Cards in this Set
- Front
- Back
mens rea
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the guilty mind, mental element of the crime
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actus rea
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the guilty act, external element of the crime
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general intent
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realizes consequences were reasonably certain to result; must have known consequences were reasonably certain to result
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specific intent
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D actively desired the criminal consequences of act
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criminal negligence
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(not a crime alone) exists when there's such a disregard of the interest of others that offender's conduct amounts to a gross deviation below the standard of care expected to be maintained by a reasonably careful man
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insanity
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Defense to all crimes
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voluntary intoxication
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not a defense to general intent crimes
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involuntary intoxication
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defense to any crime if condition is the direct cause of the crime
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justification
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1. public duty
2. reasonable arrest 3. authorized by law 4. reasonable discipline of a minor 5. physical impossibility 6. compulsion 7. voluntary intoxication 8. involuntary intoxication 9. insanity 10. diminished capacity 11. self-defense 12. defense of others 13. defense of property |
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self-defense
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necessity (no other choice) + reasonable belief (imminent danger) + proportionality (meet force with force)
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defense of others
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bystander can step into shoes of victim
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defense of property
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cannot use deadly force, only reasonable force not deadly
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incohate crimes
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unconsummated/anticipatory
- conspiracy - attempt - solicitation for murder - inciting a felony |
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principals
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all persons concerned in the commission of a crime or procure another to commit the crime
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accessory after the fact
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any person who aids/abet/harbors the offender after the commission of a felony knowing/ having reason to believe that he's committed the felony (intent to avoid arrest/punishment)
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conspiracy
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agreement of two or more for the specific purpose of committing any crime + overt act (specific intent crime)
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attempt
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person has specific intent to commit crime + overt act (impossibility not a defense)
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mere preparation
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not sufficient to constitute an attempt
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solicitation for murder
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solicitation by one person of another to commit or cause to be committed a 1st or 2nd degree murder
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inciting a felony
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procuring another person to commit a felony
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compounding a felony
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accepting anything of value that has been the subject of robbery or theft
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homicide
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1st/2nd degree murder, manslaughter, negligent/vehicular homicide
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1st degree murder
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killing of a human being with specific intent to kill or inflict great bodily harm + aggravating circumstance
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aggravating circumstances (6)
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1. during commission of an enumerated felony
2. victim is a peace officer or fireman 3. victim under 12 or 65 or older 4. murder for hire 5. SITK or IGBH on more than one person 6. drug exchange |
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2nd degree murder
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killing of a human being with specific intent to kill or inflict great bodily harm (felony murder)
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enumerated felonies
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agg./forcible rape
agg. burglary robbery drive-by cruelty to juveniles terrorism kidnapping while escaping |
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manslaughter (4)
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1. heat of passion
2. felony manslaughter 3. misdemeanor manslaughter 4. resisting arrest |
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causation
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act hastened the termination of life or contributed directly/indirectly to victim's death; legal cause of death
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aggravated battery
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battery committed with a dangerous weapon
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2nd degree battery
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offender intuitionally inflicts serious bodily injury
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agg. 2nd degree battery
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offender inflicts serious bodily injury with a dangerous weapon
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assault
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attempt to commit a battery of placing another in reasonable apprehension of receiving a battery
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agg. assault
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committed with a dangerous weapon
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simple assault
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committed without a dangerous weapon
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agg. rape (7)
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1. victim is 65 or older
2. victim resists to the utmost 3. victim is prevented from resisting by threats of bodily harm 4. victim is prevented from resisting b/c offender is armed with a dangerous weapon 5. victim is under 13 6. two or more offenders participated 7. victim has physical/mental infirmity and was unable to resist |
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forcible rape
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victim is prevented from resisting by force or threats of physical violence or victim is incapable due to influence of substance given by offender without victim's knowledge
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sexual battery (3)
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intentional touching of genitals or anus of v by using any instrumentality or body (or vice versa)
1. no consent 2. consensual but victim is under 15 or 3 yrs younger than offender 3. victim is 17 but no consent b/c victim has physical disability, is incapacitated, or is 65 or older |
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aggravated burglary
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unauthorized entry of a dwelling where person is present with intent to commit a felony or theft, if offender is:
1. armed with a dangerous weapon 2. arms himself after entering 3. commits a battery on someone in dwelling or upon entering or leaving |
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simple burglary
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unauthorized entry with intent to commit a felony or theft therein
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armed robbery
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taking anything of value belonging to another that is in immediate control of another by use of force or intimidation while armed with a dangerous weapon
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1st degree robbery
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offender leads victim to believe he is armed with a dangerous weapon
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simple robbery
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robbery where a dangerous weapon was not used
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theft
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misappropriation or taking of anything of value belonging to another either without consent or by fraud with an intent to deprive the owner permanently
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