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100 > C > Flashcards

C Flashcards

1
Q

HOMICIDE

A

1) MURDER
2) MANSLAUGHTER

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2
Q

INTENT TO KILL- MURDER:

A

PREMEDITATED KILLING

SPECIFIC INTENT

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3
Q

INTENT TO INFLICT SRS BODILY HARM

A

NO SPECIFIC INTENT TO KILL

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4
Q

FELONY MURDER

A

A DEATH OCCURS WHILE COMMITTING A DANGEROUS FELONY

BURGLARY
ARSON
RAPE
ROBBERY
KIDNAPPING

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5
Q

DEPRAVED HEART

A

RECKLESS DISREGARD FOR HUMAN LIFE

(KNEW OR SHOULD HAVE KNOWN SOMEONE COULD DIE)

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6
Q

MANSLAUGHTER

A

VOLUNTARY

INVOLUNTARY

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7
Q

VOLUNTARY MANSLAUGHTER

A

ADEQ PROVACTION
HEAT OF PASSION
NO TIME TO COOL OFF

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8
Q

INVOLUNTARY MANSLAUGHTER

A

NEGLIGENT CONDUCT CAUSING A DEATH

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9
Q

RECKLESSNESS

A

KNEW OR SHOULD HAVE KNOWN OF THE CONSEQUENCES

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10
Q

NEGLIGENT V RECKLESS

A

RECKLESS= PPL PRESENT

NEGLIGENT= NO PPL PRESENT

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11
Q

IMPERFECT SELF DEFENSE

A

USE OF EXCESSIVE FORCE

HONEST BELIEF

VOLUNTARY MANSLAUGHTER

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12
Q

PARENT NEGLECTING A CHILD

A

PARENT DOES NOT GIVE CARE TO CHILD

INVOLUNTARY MANSLAUGHTER

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13
Q

SPECIFIC INTENT CRIMES

A

LARCENY

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14
Q

LARCENY

A

1) TRESPASSORY TAKING
2) CARRYING AWAY
3) PERSONAL PROP OF ANOTHER
4) W INTENT TO PERM DEPRIVE

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15
Q

CONTINUING TRESPASS

A

EXCEPTION TO LARCENY
WRONGFUL TAKING W/O PERMISSION

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16
Q

BURGLARY

A

1) BREAKING AND ENTERING
2) DWELLING OF ANOTHER
3) AT NIGHTTIME
4) W INTENT TO COMMIT A FELONY

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17
Q

BURGLARY- INTENT:

A

INTENT MUST BE PRESENT AT THE MOMENT OF THE BREAKING

FELONY DOES NOT HAVE TO BE ACTUALLY COMMITTED

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18
Q

LARCENY MERGES INTO

A

ROBBERY

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19
Q

ROBBERY

A

1) TRESPASSORY TAKING
2) CARRYING AWAY
3) PROP OF ANOTHER
4)BY FORCE, INTIMIDATION , OR FEAR

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20
Q

ASSAULT

A

INTENT TO COMMIT A BATTERY

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21
Q

ASSAULT-TORT

A

INTENT TO PLACE ANOTHER IN IMMINENT FEAR

WORDS ARE NOT ENOUGH

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22
Q

LARCENY BY TRICK

A

OBTAIN POSSESSION TO PROPERTY BY FALSE STATEMENT

(1 WAY)

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23
Q

FALSE PRETENSES

A

OBTAIN TITLE BY FALSE STATEMENT

(2 WAY)

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24
Q

EMBEZZLEMENT

A

1) LAWFUL POSSESSION OF PERSONAL PROPERTY

2) CONVERTED FOR OWN USE

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25
Q

RECEIVING STOLEN PROPERTY

A

1) PHYS POSSESSION OF STOLEN PROPERTY
2) KNOWLEDGE THAT IT WAS STOLEN
3) INTENT TO KEEP

26
Q

FORGERY

A

1) FRAUDULENT MAKING OF A FALSE DOC
2) W LEGAL SIGNIFICANCE
3) INTENDED WRONGFUL USE

27
Q

ACCOMPLICE LIABILITY

A

1) SPECIFIC INTENT TO ACHIEVE THE CRIME
2) AID/ABET THE COMPLETION OF THE CRIME

28
Q

ACCOMPLICE IS GUILTY OF __ CRIMES COMPLETED

A

ALL

29
Q

ACCESSORY B4 THE FACT

A

NOT PRESENT AT SCENE OF CRIME

30
Q

ACCESSORY AFTER THE FACT

A

1) FELONY COMPLETED
2) KNOWLEDGE OF COMPLETED CRIME
3) AID TO AVOID ARREST/CONVICTION

31
Q

GENERAL INTENT CRIMES

A

1) NO SPECIFIC INTENT REQ’D
2) THE ACT ITSELF IS ENOUGH

32
Q

BATTERY

A

THE UNLAWFUL APPLICATION OF FORCE

33
Q

ARSON

A

MALICIOUS BURNING OF THE DWELLING OF ANOTHER

MALICIOUS= RECKLESS
(KNEW OR SHOULD HAVE KNOWN)

34
Q

RAPE

A

1) UNLAWFUL SEXUAL INTERCOURSE
2) BY MALE W A FEMALE
3) W/O CONSENT

35
Q

KIDNAPPING

A

UNLAWFUL RESTRAINT OF A PERSONS FREEDOM BY FORCE

36
Q

GENERAL INTENT CRIMES

A

BATTERY
RAPE
ARSON
KIDNAPPING

37
Q

INCHOATE CRIMES

A

1) ATTEMPT
2) CONSPRIRACY
3) SOLICITATION

38
Q

ATTEMPT

A

1) INTENT TO COMMIT CRIME
2)OVERT ACT/SUBSTANTIAL STEP

39
Q

ATTEMPT- MERGER AND WITHDRAWAL

A

MERGES INTO COMPLETED CRIME

CANNOT WITHDRAW AFTER SUBSTANTIAL STEP

40
Q

CL CONSPIRACY

A

1) TWO OR MORE PPL
2) SPECIFIC INTENT TO COMMIT CRIME
3) AGREEMENT

41
Q

MPC- UNILATERAL CONSPIRACY

A

ONLY 1 PERSON HAS TO AGREE

42
Q

CO CONSPIRATOR LIABILITY

A

LIABLE FOR ALL CRIMES COMMITTED IN FURTHERANCE OF CONSPIRACY

43
Q

CONSPIRACY- MERGER

A

DOES NOT MERGE INTO COMPLETED CRIME

GUILTY OF BOTH CONSPIRACY AND UNDERLYING CRIME

44
Q

CONSPIRACY- WITHDRAWAL

A

CANNOT WITHDRAW FROM THE CONSPIRACY

CAN WITHDRAW FROM OTHER CRIMES COMMITTED BY TIMELY NOTICE

45
Q

SOLICITATION

A

ENCOURAGE, URGE, INCITE ANOTHER TO COMMIT A CRIME

46
Q

SOLICITATION - MERGER & WITHDRAWAL

A

MERGES INTO COMPLETED CRIME

CANNOT WITHDRAW

47
Q

INSANITY-M’NAGHTEN TEST

A

1) MENTAL DISEASE
2) CANNOT APPRECIATE “NATURE AND QUALITY” OF ACTION
3) CANNOT UNDERSTAND WHAT YOU ARE DOING IS WRONG

48
Q

INSANITY-MPC

A

D LACKED “SUBSTANTIAL CAPACITY” TO APPRECIATE CRIMINAL CONDUCT

49
Q

INSANITY-STANDARD OF PROOF

A

CLEAR AND CONVINCING

50
Q

VOLUNTARY INTOXICATION

A

VOLUNTARILY GETTING DRUNK

DEFENSE TO SPECIFIC INTENT CRIMES

51
Q

INVOLUNTARY INTOXICATION

A

INTOXICATION W/O KNOWLEDGE/CONSENT

DEFENSE TO ALL CRIMES

52
Q

MISTAKE- SPECIFIC INTENT CRIME

A

REASONABLE AND UNREASONABLE MISTAKE ARE DEFENSES

53
Q

MISTAKE- GENERAL INTENT CRIME

A

REASONABLE MISTAKE ONLY IS A DEFENSE

54
Q

LEGAL IMPOSSIBILITY

A

ALWAYS A DEFENSE

ELEMENTS OF THE CRIME WERE NOT MET

55
Q

ENTRAPMENT

A

1) LAW ENFORCEMENT CREATES CRIM ACTIVITY

2)D NOT PREDISPOSED TO COMMIT CRIME

56
Q

FACTUAL IMPOSSIBILITY

A

NEVER A DEFENSE

ELEMENTS OF THE CRIME WERE MET

57
Q

DURESS

A

REASONABLE BELIEF OF THREAT OF GREAT BODILY HARM

58
Q

EXCEPTION TO DURESS

A

NEVER A DEFENSE TO MURDER

59
Q

SELF DEFENSE

A

REASONABLE BELIEF IF IMMINENT DANGER BODILY HARM

RETURN THE SAME LEVEL OF FORCE

DEADLY FORCE ONLY ALLOWED FOR DEADLY FORCE

60
Q

DEFENSE OF PROPERTY

A

1) REASONABLE FORCE TO DEFEND PROPERTY

2) NEVER DEADLY FORCE UNLESS FEAR OF BEING KILLED

61
Q

UPON REQUEST A CT SHOULD INSTRUCT THE JURY ON A LESSER INCLUDED OFFENSE IF

A

ON THE EVID PRESENTED THE JURY MAY RATIONALLY ACQUIT THE D OF THE CHARGED OFFENSE BUT CONVICT OF THE LESSER OFFENSE

62
Q

A JURYS CONVICTION ON A LESSER CHARGE CONSTITUTES

A

AN IMPLIED ACQUITTAL OF A GREATER CHARGE, THUS BARRING RETRIAL ON THT GREATER CHARGE

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