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Law I > chapter 8 > Flashcards

chapter 8 Flashcards

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1
Q

2 components that must be present in almost every crime

A

state of mind
motive

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2
Q

mens rea

A

state of mind

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3
Q

what is mens rea?

A

the latin term lawyers use when they discuss the requirements for a guilty state of mind

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4
Q

state of mind

A

refers to the level of awareness a person has when omitting an act

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5
Q

motive

A

the person’s reason for performing an act

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6
Q

strict liability offenses

A

the legal responsibility for damage or injury, even if you are not negligent (selling alcohol to minors, statutory rape)

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7
Q

felony

A

a serious criminal offense punishable by a prison sentence of more than one year

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8
Q

misdemeanor

A

a criminal offense punishable by a jail sentence less than one year

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9
Q

principal

A

the person who commits a crime

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10
Q

accomplice

A

a person who voluntarily helps another person commit a crime

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11
Q

accessory before the fact

A

a person who orders a crime or helps the principal commit the crime but who is not present during the crime

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12
Q

accessory after the fact

A

a person who knows a crime was committed helps the principal avoid capture or help them escape

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13
Q

crime of omission

A

failing to perform an act required by criminal law

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14
Q

inchoate crimes

A

crimes that are committed before or in prep for committing another crime

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15
Q

solicitation

A

act of requesting or strongly urging someone to do something

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16
Q

attempt

A

an effort to commit a crime that goes beyond mere prep but does not result in the commission of the crime

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17
Q

conspiracy

A

an agreement between two or more parties to commit a crime along with a substantial act toward committing the crime

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18
Q

actus reus

A

criminal (illegal) life

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19
Q

elements of the crime

A

every offense committed when committing a crime

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20
Q

crime

A

an action of omission that constitutes an offense that may be prosecuted by the state and is punishable by law

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21
Q

strict liability

A

the legal responsibility for damage or injury, even if you are not negligent

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22
Q

kidnapping

A

taking a person against their will

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23
Q

assault

A

an intentional threat, show of force, or movement that causes a reasonable fear of, or an actual physical contact with another person

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24
Q

battery

A

any intentional, unlawful physical contact inflicted on one person by another person by another person without consent

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25
Q

stalking

A

the act of following or harassing another person, causing the fear of death or injury

26
Q

sexual assault

A

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

27
Q

statutory rape

A

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

28
Q

rape

A

unlawful sexual intercourse

29
Q

attempted rape

A

the attempt to have unlawful sexual intercourse

30
Q

Meghan’s Law/Adam Walsh Law

A

protects children from violent sex offenders

31
Q

homicide

A

the killing of another person

32
Q

1st-degree murder (aggravated)

A

planned in advance and sone with malice or during the commission of a dangerous felony

33
Q

felony murder (murder)

A

killing someone while committing a felony, regardless of the intent to kill

34
Q

2nd-degree (murder)

A

doesn’t require malice or premeditation, but is the result of a desire to inflict bodily harm

35
Q

voluntary manslaughter

A

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

36
Q

involuntary manslaughter

A

killing in which there is no intent to kill at all

37
Q

negligent homicide

A

causing death through criminal negligence

38
Q

arson

A

the deliberate and malicious burning or another person’s property

39
Q

vandalism

A

the deliberate destruction or defacement of another person’s property with the intent to steal it

40
Q

larceny

A

the unlawful taking of another person’s property with the intent to steal it

41
Q

grand larceny

A

theft of personal property having a value above a legally specified amount

42
Q

petty larceny

A

theft of personal property having a value below a legally specified amount

43
Q

embezzlement

A

unlawfully taking property by someone who it has been entrusted

44
Q

robbery

A

unlawfully taking property from a person’s immediate possession by force or intimidation

45
Q

burglary

A

breaking and entering a building with the intent to commit a crime

46
Q

extortion

A

taking property illegally through threats of harm

47
Q

forgery

A

the act of making a fake document or altering a real one

48
Q

cybercrime

A

describes a wide range of actions that involves computers and computer networks in criminal activities

49
Q

no crime committed

A

no criminal act/intent

50
Q

alibi

A

evidence that shows the defendant was somewhere else when the crime was commited

51
Q

DNA

A

biological evidence, derived from testing samples of human tissues and fluids, that genetically links a defender to the crime

52
Q

self-defense

A

when a person unlawfully attacks a person who may inflict harm on them

53
Q

defense of property

A

when a person uses force against an attacker to defend their property

54
Q

defense of others

A

when a person harms an attacker for another person

55
Q

infancy

A

the legal defense of a person not yet legally responsible for their actions

56
Q

intoxication

A

a state of drunkenness or similar conditions made by the use of drugs or alcohol

57
Q

insanity

A

a mental disease that affected the defendant at the time of the crime

58
Q

necessity

A

defense for a lawful charge of the defendant’s actions

59
Q

entrapment

A

law enforcement officials persuaded a person to commit a crime that the person would otherwise have committed

60
Q

duress

A

unlawful pressure on a person to do something that he or she would not otherwise do

Law I (6 decks)

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