Substantive Criminal Law Exam 2

Front 1

Theft

Back 1

a person unlawfully deprived from his/her property

Front 2

Larceny

Back 2

wrongful taking of the personal property f another with intent to steal (with aspiration) (ex: someone takes something (your property) from your desk, and leaves with it)

Front 3

Embezzlement

Back 3

unlawful appropriation to your own use of another’s property that is in trusted in you

Front 4

False Pretense

Back 4

transfer of ownership brought up with false pretenses (ex: selling a car with a car title)

Front 5

Forgery

Back 5

making material alteration of an existing/written instruments (with intent to defraud) (ex: can be deed to house or lease, if you have a roommate you hate and you pencil their name on the lease so that they are force to pay)

Front 6

Receiving Stolen Property

Back 6

knowingly taking possession or control, over another’s property with the intent to deprive (ex: if you go to someone’s baseman and see a big TV and there was a chip on the side, and couple days later you see that persons uncle come with a pick up truck full of the same TV’s with the same chip on the side)

Front 7

Robbery

Back 7

unlawful taking of property by force, or threat of force

Front 8

Burglary

Back 8

breaking, and entering of a building, locked automobile with the intent to commit a crime

Front 9

Looting

Back 9

burglary committed during societal crisis (ex: something committed during Super Storm Sandy, Katrina, Ferguson)

Front 10

Extortion

Back 10

taking personal property by the treat of future harm, the revelation of personal private information (ex: old boyfriend “give me all your money, or that tape we made will be on YouTube” or I want that bonus or ill make a phone call and et the company know about you.

Front 11

Identity Theft

Back 11

most prevalent in the 21st century. Un-notarized use of another individual’s personal identity to fraudulently obtain money

Front 12

Homicide

Back 12

the killing of one human by the act or omission of another human being.

Front 13

All murder is homicide BUT..

Back 13

not all homicide is murder

Front 14

Why is not all homicide murder?

Back 14

Justifiable: self-defense

Excuses: juvenile, accident, insanity, mistake

Front 15

Model penal code categories

Back 15

Murder (1st/2nd degree)

Manslaughter (voluntary/involuntary)

Negligent homicide

Front 16

Corpus Delicti

Back 16

Death of a human being +

A person is responsible for the act

Front 17

Uniform Determination of Death Act

Back 17

Irreversible cessation of brain function

OR

Cessation of circulatory function + cessation of respiratory function

Front 18

Causation

Back 18

The death must be the natural + probable

consequence of the Defendant's Act

Front 19

1st Degree Murder

Back 19

Unlawful killing

Human Being

PREMEDITATED/ MALICE AFORETHOUGHT

Front 20

2nd Degree Murder

Back 20

Also known as "Felony Murder" in NJ

Front 21

2nd Degree Murder

Back 21

During commission of a felony// Malicious

murders

Front 22

Capital Murder

Back 22

Murder for which the death penalty is

authorized by law

Front 23

Voluntary Manslaughter

Back 23

Killing of another human in the heat W/O

MALICE

Front 24

Involuntary Manslaughter

Back 24

Someone dies as a result of unlawful act

Front 25

Negligent Homicide

Back 25

Willfully indifferent to the life of others// Not

being careful

Front 26

Example of Negligent Homicide

Back 26

Certain religions don't allow parents to use medicine and doctors to cure their children.. Result= children dead

Front 27

Vehicular Homicide

Back 27

Defendant's reckless operation of a vehicle in a manner likely to cause death

Front 28

Notion of Proximate Cause

Back 28

Causation: Death must be the natural+ probable consequence of Defense's Act.

Front 29

Notion of Proximate Cause

Back 29

There is no time limit attached to this notion, it used to be a year+ a day

Front 30

Euthansulsia

Back 30

Legal in 5 states// medical suicide

Front 31

Battery

Back 31

Unlawful physical touching inflicted upon

another W/O consent

Front 32

Assault

Back 32

An attempted or threatened battery

Front 33

Assault is an attempt + presentability=

Back 33

Battery

Front 34

Aggravated Assault

Back 34

An assault that is committed with the intention of committing another crime

Front 35

Special Circumstances for Aggravated Assault:

Back 35

children, police officers, aged, infirm, teachers

Front 36

Extended Assault Law

Back 36

Bullying + cyber bullying

Front 37

Cyber bullying

Back 37

Intentional frightening/intimidation of another via computer

Front 38

NJ calls Mayhem what?

Back 38

Torture

Front 39

Mayhem

Back 39

battery involving malicious infliction of violent injury

Front 40

You can consent to Mayhem, such as

Back 40

Boxing + sports (football)

Front 41

What percentage of college-women have

experienced unlawful sexual contact

Back 41

25%

Front 42

Rape (1st Degree Sexual Assault)

Back 42

Sexual intercourse, sexual molestation abuse, sodomy

Front 43

Martial exemption (Doesn't exist anymore)

Back 43

If you're married, you can't be raped

Front 44

Cohabitation exemption (Still exists)

Back 44

If you're living with someone, you can't be raped

Front 45

Statutory Rape

Back 45

Sexual intercourse, whether consensual or not, with a person under the age of consent, as

specified by statue

Front 46

Rape shield law

Back 46

A statute intended to protect victims of rape by limiting a defendant's in-court use of a victim's sexual history

Front 47

Exception to Rape Shield Law

Back 47

Relevance (consent)

Front 48

Kidnapping

Back 48

Unlawful taking AND asportation of a person

-By force

-Vs. that person's will

Front 49

False Imprisonment

Back 49

Same as kidnapping W/O asportation

Front 50

Example of False Imprisonment

Back 50

Moving from upstairs to basement// Restricting freedom

Front 51

Anti-Stalking Laws

Back 51

Cyber