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43 Cards in this Set
- Front
- Back
There are __ types of crimes against persons
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4
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One of the most critical problems in sex offenses is to distinguish flirting and seduction from?
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sexual assault
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Rape shield statutes
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limit evidence of the victim’s reputation or past sexual conduct.
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Since the 1970s, rape laws have been reformed by
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eliminating or moderating the prompt reporting rule.
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Many recent rape statutes have modified the common law by
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eliminating the marital rape exception
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Rape law reforms since the 1970s have
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included additional types of sexual penetration.
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The vast majority of rape victims are raped by
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men they know
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Force beyond that required to complete sexual penetration or contact is
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not always required to satisfy the force requirement in rape.
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What kind of crime is rape?
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general intent
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Statutory rape is what kind of crime in most states?
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strict liability
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To satisfy the threat-of-force requirement in a sexual assault trial, the prosecution must show that the victim honestly feared imminent and serious harm and
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the victim’s fear was reasonable under the circumstances.
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Kidnapping and false imprisonment both violate what right?
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the right of locomotion
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In Regina v. Morgan (1975), Britain’s highest court held that the defendants were not guilty of rape because they
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reasonably believed the victim has consented.
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Which crime of rape involves an adult having sex with a child, even if the child consented?
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statutory
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What crime is second only to murder in being regarded as the most serious crime?
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rape
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In states that recognize the defense of “reasonable mistake of age” in statutory rape prosecutions, what is the mens rea with regard to the circumstance of age?
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negligence
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Most state statutes classify sexual assaults where the victim suffers serious bodily harm, as
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aggravated rape.
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A battery is an unjustified
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unwanted and unjustified offensive touching.
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An assault is basically either a threatened or attempted
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battery.
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In the 1970s and 80s many states abolished what rule that required prosecution to back up rape victims’ testimony with that of other witnesses?
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the corroboration rule
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Sexual assault statutes have shifted the emphasis
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away from whether there was consent by the victim to the unwanted advances by the perpetrator.
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In most jurisdictions, rape today includes ___ elements
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three
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Domestic violence crimes have been transformed from a private concern to a criminal justice problem since what decade?
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since the early 1970s
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Tricking the victim into believing the act she consented to wasn’t sexual intercourse is known as
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fraud in the fact.
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Under the Model Penal Code, a person who knowingly aims a firearm at or in the direction of another person has committed
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a misdemeanor assault.
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The crime of stalking
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was first enacted in California in 1990
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Why are rape and other sexual assaults different from all other felonies?
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because under other circumstances, the behaviors connected with them are legal, healthy and desired
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What fear test have most states adopted from the Model Penal Code to evaluate the harm caused to the stalking victim?
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objective
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What crime is it when a person uses the internet, email, or other electronic communication devices to stalk another person?
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cyber-stalking
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Asportation is one of the elements of kidnapping. Asportation means
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carrying away.
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At common law, kidnapping consisted of how many elements?
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six
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Modern interpretations of the asportation actus reus in the crime of kidnapping
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have made the requirement virtually meaningless
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What kind of crime is false imprisonment?
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specific intent
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How have modern court opinions changed the strict definitions of rape, and sexual assault, or criminal sexual conduct?
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modern court opinions have relaxed the strict definitions of rape, and sexual assault, or criminal sexual conduct
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Domestic violence crimes since the early 1970s have been transformed from a private concern to a
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criminal justice problem.
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Modern court opinions have relaxed the strict definitions of rape.
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T
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Rape law reform began seriously in the 1970s.
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T
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The vast majority of rape victims are raped by strangers.
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F
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Most states have passed rape shield statutes.
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T
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Modern statutes and the Model Penal Code make most simple assaults a felony.
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F
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Stalking, although an ancient practice, is a new crime.
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T
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False imprisonment is a lesser form of personal restraint than kidnapping.
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T
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Conditional threats to a victim are sufficient to establish the crime of assault.
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F
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