Ch 5. Criminal Law Flashcards
Laws designed to prevent harm to society in general, and which declare certain actions to be crimes. (92)
Criminal law
Activities, for which society may penalize an offender, that violate criminal law. (92)
Crimes
The goal of ___ is the vindication of a wrong done to society, and the prevention of future bad acts by both this offender and others. (92)
criminal law
Laws that seek to enforce private rights and remedies for some wrong done to an individual or organization. (92)
Civil law
Most crimes are defined by ___ or ___ statutes. (92)
federal or state
Defined as the willful and malicious burning of the dwelling of another. (92)
common-law arson
Crimes punishable by more than one year in jail are ___. (93)
felonies
Crimes punishable by sentences of one year or less are ___. (93)
misdemeanors
Violations of law that are not criminal in nature, but for which a person may be penalized by government. (93)
Civil infractions
___ is a fact that must be present in order for a crime to be committed. (94)
An element of a crime
Elements [of crimes] fall into three categories: (94)
1) act
2) mental state
3) attendant circumstances
An act, whether affirmative or a failure to act, must be ___ in nature. (94)
voluntary
Every crime has a mental state requirement, called ____. (101)
a mens rea
The 4 criminal mental states: (101)
1) purposeful
2) knowing
3) reckless
4) negligent
[Criminal mental states]
The person intended or desired to engage in certain conduct or cause a certain outcome. (101)
Purposeful
[Criminal mental states]
The person knew to a substantial certainty that a particular outcome would follow from his or her act, even if the person did not intend or desire it. (101)
Knowingly
[Criminal mental states]
A person consciously disregards a known and substantial risk of harm involving a gross deviation from the standard of care of the law-abiding citizen. (102)
Recklessness
[Criminal mental states]
The perpetrator should have been aware that a substantial and unjustifiable risk of harm would result from his or her conduct; it involves deviation from what the reasonably prudent person would have done under the circumstances. (102)
Negligence
Category of crime for which a criminal mental state is not required to be proven; it’s focus is solely on the act. (104)
Strict liability crimes
The unpermitted, offense of touching another. (110)
Battery
___ is a defense to battery. (110)
consent
Consent may be ___ through social custom or engaging in an activity where contact is expected. (110)
implied
An attempted battery or other action that places the victim in fear of imminent bodily contact. (111)
Assault
A common-law offense consisting of the unlawful restraint upon a person’s freedom and ability to come and go as they please. (111)
False imprisonment
Historically, the distinction drawn between false imprisonment and kidnapping:
False imprisonment: the victim could be held in place or transported a short distance
Kidnapping: the victim must be transported some distance
At common law, ____ was the forcible taking of another person, and transporting that person against their will across a boundary. Although statutes have eliminated the boundary requirement. (112)
kidnapping
___ is treated as an aggravated form of false imprisonment, usually requiring some sort of asportation (transportation of the victim) and requires the use of force or threatened use of force. (112)
kidnapping
A serious felony for which the perpetrator could be executed or sentenced to life in prison. (113)
Capital offence
The most basic of the theft crimes. (113)
Larceny or stealing
The taking of property of another with intent to permanently deprive the owner. (113)
Larceny
Larceny that occurs when someone who lawfully has possession of another’s property fraudulently appropriates that property for his or her own use. (113)
Embezzlement
Larceny through the use or threatened use of immediate violence. (114)
Robbery
The obtaining of money or property- or otherwise requiring someone to do something they are not legally required to do- by means of a threat. (115)
Extortion
While extortion often involves a perpetrator seeking money or property, a ___ is not required. (115)
profit motive
Common-law arson required ____ in order for arson to have occurred. (118)
the charring of structural wood
Modern arson laws include any act that risks ___ by means of fire or explosion. (118)
injury to any person or damage to any building
The criminal mental states of purposefully or knowingly setting a fire constitute ___. (120)
intent
___ as a criminal mental state is not adequate to convict someone of arson. (120)
Negligence
___ provides both criminal and civil tools to attack and dismantle criminal enterprises. (123)
Racketeer Influenced and Corrupt Organizations Act (RICO Act)
____ crimes can be distinguished from violations of civil law in that the statute must specifically declare that any violation is a crime. (125)
Statutory
