chapter 8 Flashcards
2 components that must be present in almost every crime
state of mind
motive
mens rea
state of mind
what is mens rea?
the latin term lawyers use when they discuss the requirements for a guilty state of mind
state of mind
refers to the level of awareness a person has when omitting an act
motive
the person’s reason for performing an act
strict liability offenses
the legal responsibility for damage or injury, even if you are not negligent (selling alcohol to minors, statutory rape)
felony
a serious criminal offense punishable by a prison sentence of more than one year
misdemeanor
a criminal offense punishable by a jail sentence less than one year
principal
the person who commits a crime
accomplice
a person who voluntarily helps another person commit a crime
accessory before the fact
a person who orders a crime or helps the principal commit the crime but who is not present during the crime
accessory after the fact
a person who knows a crime was committed helps the principal avoid capture or help them escape
crime of omission
failing to perform an act required by criminal law
inchoate crimes
crimes that are committed before or in prep for committing another crime
solicitation
act of requesting or strongly urging someone to do something
attempt
an effort to commit a crime that goes beyond mere prep but does not result in the commission of the crime
conspiracy
an agreement between two or more parties to commit a crime along with a substantial act toward committing the crime
actus reus
criminal (illegal) life
elements of the crime
every offense committed when committing a crime
crime
an action of omission that constitutes an offense that may be prosecuted by the state and is punishable by law
strict liability
the legal responsibility for damage or injury, even if you are not negligent
kidnapping
taking a person against their will
assault
an intentional threat, show of force, or movement that causes a reasonable fear of, or an actual physical contact with another person
battery
any intentional, unlawful physical contact inflicted on one person by another person by another person without consent
stalking
the act of following or harassing another person, causing the fear of death or injury
sexual assault
unwelcome sexual contact against another individual committed through the use of force, threat, or intimidation; or enabled because the victim is incapacitated due to drugs, alchohol, or mental disability
statutory rape
the act of unlawful sexual intercourse by an adult with someone under the age of consent, even if the minor is willing and voluntary participant in the act
rape
unlawful sexual intercourse
attempted rape
the attempt to have unlawful sexual intercourse
Meghan’s Law/Adam Walsh Law
protects children from violent sex offenders
homicide
the killing of another person
1st-degree murder (aggravated)
planned in advance and sone with malice or during the commission of a dangerous felony
felony murder (murder)
killing someone while committing a felony, regardless of the intent to kill
2nd-degree (murder)
doesn’t require malice or premeditation, but is the result of a desire to inflict bodily harm
voluntary manslaughter
killing that would otherwise be seen as murder but that occurs after the victim does something to the killer that would cause a reasonable person to lose self-control and act rashly
involuntary manslaughter
killing in which there is no intent to kill at all
negligent homicide
causing death through criminal negligence
arson
the deliberate and malicious burning or another person’s property
vandalism
the deliberate destruction or defacement of another person’s property with the intent to steal it
larceny
the unlawful taking of another person’s property with the intent to steal it
grand larceny
theft of personal property having a value above a legally specified amount
petty larceny
theft of personal property having a value below a legally specified amount
embezzlement
unlawfully taking property by someone who it has been entrusted
robbery
unlawfully taking property from a person’s immediate possession by force or intimidation
burglary
breaking and entering a building with the intent to commit a crime
extortion
taking property illegally through threats of harm
forgery
the act of making a fake document or altering a real one
cybercrime
describes a wide range of actions that involves computers and computer networks in criminal activities
no crime committed
no criminal act/intent
alibi
evidence that shows the defendant was somewhere else when the crime was commited
DNA
biological evidence, derived from testing samples of human tissues and fluids, that genetically links a defender to the crime
self-defense
when a person unlawfully attacks a person who may inflict harm on them
defense of property
when a person uses force against an attacker to defend their property
defense of others
when a person harms an attacker for another person
infancy
the legal defense of a person not yet legally responsible for their actions
intoxication
a state of drunkenness or similar conditions made by the use of drugs or alcohol
insanity
a mental disease that affected the defendant at the time of the crime
necessity
defense for a lawful charge of the defendant’s actions
entrapment
law enforcement officials persuaded a person to commit a crime that the person would otherwise have committed
duress
unlawful pressure on a person to do something that he or she would not otherwise do
