Chapter 6 Flashcards
Crime
a wrong commited against society defined in a statue and punishable by fines and/or imprisonment
Burden of proof for CRIME
civil law-PERSON WHO SUFFERED
criminal-BEYOND A REASONABLE DOUBT
due process crime must be written in statue
selling kid case
performance of act & mens rea in crime
ELEMENTS OF CRIME to be convicted
mens rea
A culpable mental state
embezzlement
Fraudulent appropriation of property already entrusted to you
know the property crime
(larsony burglary)
DEFENSES?
Duress entrapment insanity defense costitutional protection (PORN example) ---EXCLUSIONARY & MIRANDA
Exception for Duress?
killing a person. taking a life for anothers.
Duress
unlawful pressure causing a person to perform an act that they would not otherwise perform
MUST BE A THREAT OF BODILY HARM OR DEATH
THREAT MUST BE IMMEDIATE AND INESCAPEABLE
EX-being forced to rob a bank
white collar crime
allow someone to do something after going by your lies