Chapter 6 Flashcards

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1
Q

Crime

A

a wrong commited against society defined in a statue and punishable by fines and/or imprisonment

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2
Q

Burden of proof for CRIME

A

civil law-PERSON WHO SUFFERED

criminal-BEYOND A REASONABLE DOUBT

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3
Q

due process crime must be written in statue

A

selling kid case

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4
Q

performance of act & mens rea in crime

A

ELEMENTS OF CRIME to be convicted

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5
Q

mens rea

A

A culpable mental state

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6
Q

embezzlement

A

Fraudulent appropriation of property already entrusted to you

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7
Q

know the property crime

A

(larsony burglary)

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8
Q

DEFENSES?

A
Duress
entrapment
insanity defense
costitutional protection (PORN example)
---EXCLUSIONARY & MIRANDA
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9
Q

Exception for Duress?

A

killing a person. taking a life for anothers.

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10
Q

Duress

A

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

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11
Q

white collar crime

A

allow someone to do something after going by your lies

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