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crim law final Flashcards

1
Q

what is common law assault

A

an attempt or offer to do harm

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2
Q

what is statutory assault

A

assault or aggravated assault encompasses all cases of assault that are vicious in nature and include assaults with a specific intent to commit a felony and assaults with a deadly weapon

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3
Q

what is battery under common law

A

its defined as an unlawful injury however slight, done to another person, directly or indirectly, in an angry or revengeful, rude or insolent manner

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4
Q

what is mayhem

A

includes any act against the person that violently deprived that person of the use of any members so as to make them less culpable of self dense.

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5
Q

what is homicide

A

the killing of a human being by another human being

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6
Q

what is the year and a day rule

A

if victim does not die within a year and a day after the harm was inflicted, the perpetrator cannot be charged with murder

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7
Q

what is justifiable homicide

A

the necessary killing of another in the performance of a legal duty or in the exercise of a legal right

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8
Q

excusable homicide

A

the killing of another human being when the slayer has some degree of fault but that the fault does not rise to the level required to be criminally liable

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9
Q

what is murder

A

the felonious killing of another

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10
Q

what is malice

A

the intentional doing of a wrongful act in such circumstances that the death of a human being may result. (it does not mean hate, ill, bad intentions and feelings)

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11
Q

what is expressed malice

A

slayer actually intended to kill

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12
Q

what is implied malice

A

even if the slayer did not intend to kill, malice will be implied while committing a deliberate and cruel act, likely to cause death

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13
Q

the first situation where courts imply malice

A

intentional infliction or great bodily harm

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14
Q

what is the second situation where courts imply malice

A

deliberate act which tends to cause death or serious harm

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15
Q

what is the third situation where courts imply malice

A

death arising from the felony murder rule

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16
Q

what is the fourth situation where courts imply malice

A

death arising from resisting a lawful arrest

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17
Q

what is the element of aforethought

A

the planning to kill ahead, may be formed seconds, minutes, days or years prior

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18
Q

what is the felony murder rule

A

rule of law that holds a person can be charged with murder if the killing of someone occurs in the commission or the attempted commission of a felony even if the perpetrators did not have the intent to kill anyone

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19
Q

what is manslaughter

A

the crime charged when the circumstances of the homicide are not severe enough to be murder yet do not constitute justifiable homicide

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20
Q

voluntary manslaughter

A

an intentional killing which does not require malice or premeditation in which death occurs from a legally adequate provocation during the heat of the passion before the slayer has the opportunity to cool down.

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21
Q

involuntary manslaughter

A

an unintentional killing resulting from an unlawful act or from culpable negligence

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22
Q

forcible rape

A

having sexual intercourse with a female against her will

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23
Q

consent issues

A

the victim may not be able to give consent legally

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24
Q

rape trauma syndrome

A

states that a rape victim will demonstrate certain unusual behavior patterns

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25
rape shield laws
bar the admission of the victims prior sexual activity as evidence unless the sexual activity was with the defendant or its relevance to her credibility
26
statutory rape
a crime developed by statute in which a female under a certain age can not consent to sexual intercourse, therefore intercourse with that female by an adult constitutes rape
27
adultery
sex between a male and female, at least of which one of them is married to someone else
28
fornication
sexual intercourse between unmarried persons
29
incest
sexual intercourse between persons who are related by blood
30
sodomy
sexual acts including intercourse between a human and an animal or anal intercourse between humans
31
indecent exposure
exposing oneself in a public place or in a place where the public could view it
32
obscenity
any work that depicts or describes sexual misconduct in an offensive way and does not literacy, artistic, political or scientific value
33
bigamy
showing that someone married again, did so intentionally and knew at the time they were already legally married to another
34
polygamy
the act of being married to several spouses at one time
35
endangering the welfare of children
a parent or guardian or another person supervising the welfare of a child under the age of 18 years old, commits an offense if he knowingly endangered the welfare of a child by violating a duty or care
36
persistent nonsupport
if someone persistently fails to provide support when he or she can provide and if they are legally obligated to provide to the spouse or child
37
child molesting
the crime of sexual acts w/ minors
38
prostitution
defined as the offering by a female of her body for intercourse with men for monetary or other gain
39
pandering
(also called pimping) consists of procuring a female to work in a house of prostitution or procurring a house of prostitution in which the female may work
40
false imprisonment
the unlawful restraint of a person liberty by another person
41
abduction
a crime that is similar to kidnapping but which applies only to the females in which the female is taken for illicit sec or to be forced to marry
42
kidnapping
the unlawful taking of a person against his/her will
43
larceny
a type of theft with 5 elements (the taking, the carrying away, the personal property, another person and the intent to permanently deprive
44
lost property
when the possessor unintentionally parts with it under such circumstances as to be unaware its missing
45
mislaid property
when the possessor intentionally places the property in a certain location but forgets to retrieve it
46
abandoned property
cannot be subject to larceny, a person abandons property when they intentionally decides to give up possessing and ownership rights
47
embezzlement
a crime against ownership. the essence of the crime is conversion of property by someone to whom it has been entrusted
48
false pretense
always involves misrepresentation by the accused of a past or present fact. the accused must be aware that the statement is false
49
receiving stolen property
four elements to this act. the receiving or concealing, the stolen property, the knowledge of stolen property and the intent
50
personal property
anything capable of ownership except land or things permanently affixed to the land which is then considered real property
51
asportation
a term meaning the carrying away or property
52
fair market value
method of evaluating property in which the value of the item stolen or damaged is assessed by determining the value of that item in todays market place
53
white collar crimes
crimes created by statute that prohibit certain business practices
54
tax evasion
illegal means to avoid paying taxes. the failure to deliberately not pay or under pay taxes
55
false advertising
the act of publishing, transmitting or otherwise publicly circulating an advertisement containing a false claim or statement to promote the sale of property, goods or services
56
mail fraud
when someone engages in a scheme to defraud, with the intent to defraud and uses the mail in furthermore of that scheme
57
robbery
when one illegally takes property with some value from another person in his presence by using force or threat of force. its a crime against a person that involves the taking or property
58
burglary
the common law definition is is the breaking and entering of the dwelling house of another in the nighttime with intent to commit a felony therein
59
arson
the willful and malicious burning of the dwelling place
60
forgery
falsely making or materially altering a writing that is genuine would be of legal efficacy of the foundation of legal liability intending to defraud or prejudice to the rights of others
61
uttering a forged instrument
a person passing or attempting to pass the instrument must know of its ungenuine character to be charged
62
uttering a worthless check
a person who makes out a check on a non existent account and attempted to pass it as valid
63
counterfeiting
instances in which something other than a document was falsely made with the intent to defraud

Court Systems final (2 decks)

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