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38 Cards in this Set
- Front
- Back
WHAT IS A CRIME?
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A CRIME IS AN ACT OR OMISSION PROHIBITED BY LAW FOR THE PROTECTION OF THE PUBLIC-PUNISHABLE BY FINE OR INCARCERATION
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What is homicide?
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Killing of one human being by another.
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What is murder?
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unlawful homicide committed with malice aforethought/
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What is Malice?
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Mens rea for murder: intent to kill. Intent to cause bodily harm, depraved heart, felony murder.
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What is Wanton Conduct?
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super recklessness or extreme disregard for the value of life.
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What felonies are covered by rule?
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Burglary, Arson, Robbery, Rape Mayhem, Kidnapping and sodomy.
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What is Vicarious Liability?
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Hold one person liable for the actions of another.
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Voluntary manslaughter?
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Unlawful, intentional homicide committed with malace, negated by law due to mitigating circumstances.
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What is Involuntary Manslaughter?
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Unlawful, unintentional, homicide committed w/o malice.
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What are the degrees of Murder?
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First Degree-intent,premeditation,deliberation(cool mind) and Second Degree-All murder not first degree.
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What is criminal battery?
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Application of force to person of another resulting in physical harm or offensive touching.
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What is Assault?
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Attempted battery,or intentionally placing the victim in apprehension of imminent battery.
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What is Mayhem?
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malicious mainming, disfiguring, or disabling on another resulting in permanent damage.
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What is Rape?
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forced sexual intercource by a man on a women not his spouse without consent.
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What is False imprisonment?
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Intentional, unlawfull confinement of another person without consent by means of force or threat.
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What is Kidnapping?
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Forceable restraint and moving of a person from one place to another.
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Theft crimes
What is larceny? |
trespassory taking and carrying away of the personal property of another with intent to permanently deprive.
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Robbery
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larceny from the victims person by means of violence or intimidation.
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What id Extortion?
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Use of threat of force in the future to take the victims property.
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What is larceny by Trick?
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Use of fraud or misrepresentation to obtain possession of the victims property with the intent to permanently deprive.
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What is Embezzelment?
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Fraudulent conversion of property of another by someone who already has lawful possession of the property.
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What is False Pretenses?
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False misRep of a past or present material fact which causes the victim to pass title to the defendant and def. knows rep to be false and intends to perm. deprive the victim.
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What is Receiving Stolen Property?
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Receipt of stolen property by def. who knows the it is stolen and who intends to perm deprive the owner.
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Structure Crimes
What is Burglary? |
breaking and entering of a dwelling house of another at night with intent to commit a felony.
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What is Arson?
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malicious burning of the dwelling of another.
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Inchote Crimes
What is Solicitation? |
Asking someone else to ommit a crime with the intent that the crime be committed.
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What is conspiracy?
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Agreement between two or more parties to commit an unlawful act or a lawful act unlawfully with the performacne of some minimal overt act in futherance of the agreement.
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What is Attempt?
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Specific intent to commit target crime and def, engaged in behavior that placed him in close proximity of completing the crime or took a substantial step toward the completion of the crime.
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Defenses:
What is self defense? |
Person may use reasonable force to protect himself if he is treatened or reasonable believes he is threatened immenient force/deadly attack and reasonably believes the force is necessary.
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What is the defense of others?
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person the right to act reasonably as necessary to protect the safety of others.
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What is Crime Prevention?
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Reasonable non-deadl;y force may be used to prevent a crime.
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What is the apprehension of a fleeing Felon?
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Reaosnable non-deadly force may be used to apprehend a fleeing felon.Deadly force nay be used if it's a dangerous felon.
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Mistake of fact.
What is the defense to a specific Intent Crime? |
May be used as a def. if the mistake was in good faith.
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What is the Defense to General Intent Crime?
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May be used if bioth reasonable and in good faith.
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What is the principle in the First Degree ?
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Perpertrator of the Crime.
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Principle in the Second Degree?
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Incoterm aider, or abettor who is actually or copnstructively present when the crime is committed.
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What is an Accessory before the Fact?
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Someone who give comfort and assistance to hinder apprehension .
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What are the Req. for Accomplice Liability?
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Aiding,abetting,assisting, encouraging,or enticeing with the specific intent to promote or facilitate the commission of the crime. the accomplice is held criminally liable for the actions and or conduct of the perpetrator.
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