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Criminal and Evidence > Criminal Definitions > Flashcards

Criminal Definitions Flashcards

1
Q

Atempted crimes

A

Where the accused has gone from the preparation of the crime to actual perpetration.

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2
Q

Conspiracy

A

An agreement between two or more persons to commit a crime or crimes, intending to carry out that crime(s).

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3
Q

Incitement

A

Inviting another to enter a conspiracy or commit a crime, with the intention that the other will carry out that crime.

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4
Q

Murder

A

Causing the death of another human being, having (wickedly) intended to kill or through “wicked recklessness”.

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5
Q

Voluntary culpable homicide

A

Causing the death of another human being, having intended to kill (etc.) but having been PROVOKED or suffering from DIMINISHED RESPONSIBILITY.

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6
Q

Involuntary culpable homicide

A

Causing the death of another human being, with a mens era that falls short of murder, but is nonetheless regarded as criminal.

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7
Q

Assault

A

An attack on the physical person of another done with intent to cause personal injury, or intending to place that person in a state of fear or alarm for his/her safety.

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8
Q

Aggravated assault

A

Assault with intent to rape; assault to the danger of life; assault to severe injury; assault to permanent disfigurement; assault to the permanent impairment of sight; assault with a weapon; hamesucken.

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9
Q

Theft

A

The appropriation of property belonging to another without consent, and with intent to deprive the person of his or her property.

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10
Q

Aggravated forms of theft

A

Theft by opening a lock fast place; theft by housebreaking; housebreaking with intent to steal.

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11
Q

Reset

A

Being privy to the retention of goods which have been dishonestly obtained by another, knowing that the goods have been stolen, or being wilfully blind.

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12
Q

Embezzlement

A

Misappropriation of goods to which the accused had been entrusted intending to deprive the owner of the good.

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13
Q

Fraud

A

The Obtaining of a practical result by means of a false pretence, intending to achieve that result.

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14
Q

Robbery

A

Theft (as previously defined) accomplished by violence or threats of violence.

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15
Q

Extortion

A

The obtaining of property or some other advantage by means of legitimate threats or demand, intending to deprive the owner of the property, or to gain the advantage.

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16
Q

Malicious mischief/malicious damage

A

The wilful or reckless causing of damage to property belonging to another.

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17
Q

Wilful fire-raising

A

Intentionally setting on fire property belonging to another.

18
Q

Culpable and reckless fire-raising

A

Fire raising definition but with the mens era of recklessness

19
Q

Perjury

A

Giving evidence which one knows to be false during judicial proceedings.

20
Q

Subornation of perjury

A

Inducing someone to commit perjury.

21
Q

Breach of the peace

A

Behaviour which is severe enough to cause alarm to ordinary people and threaten serious disturbance to the community, where the accused intentionally des the act which causes, or has the potential to cause, a public disturbance.

22
Q

Rape

A

Sexual Offences (Scotland) Act 2009, s 1

23
Q

Sexual assault be penetration

A

Sexual Offences (Scotland) Act 2009, s. 2

24
Q

Sexual assault

A

Sexual Offences (Scotland) Act 2009, s. 3

25
Q

Rules on consent (to sexual conduct)

A

Sexual Offences (Scotland) Act 2009, s 12

26
Q

Circumstances in which conduct takes place without free agreement

A

Sexual Offences (Scotland) Act 2009, s 13

27
Q

Consent: capacity while asleep or unconscious

A

Sexual Offences (Scotland) Act 2009, s 14

28
Q

Consent: scope and withdrawal

A

Sexual Offences (Scotland) Act 2009, s 15

29
Q

Reasonable belief

A

Sexual Offences (Scotland) Act 2009, s 16

30
Q

Incest

A

Criminal law (Consolidation) (Scotland) Act 1995, s 1

31
Q

Domestic Abuse

A

Domestic Abuse (Scotland) Act 2018

32
Q

Standards of proof

A

“beyond a reasonable doubt”
“on the balance of probabilities”

33
Q

Burdens of proof

A

Two burdens of proof: “persuasive”, and “evidence”. “incidence”: who carries burden of proof in criminal case?

34
Q

Mental disorder

A

Criminal Procedure (Scotland) Act 1995, s 51A

35
Q

Diminished responsibility

A

Criminal Procedure (Scotland) Act 1995, S 51B

36
Q

Previous convictions

A

Criminal Procedure (Scotland) Act 1995, ss 101(1) and 166 (3)

37
Q

Character of complainers

A

Criminal Procedure (Scotland) Act 1995, ss 274, 275 and 275 A

38
Q

Vulnerable witnesses and specialists measures

A

Criminal Procedure (Scotland) Act 1995 s 271(1), (2), (H)

39
Q

Vulnerable witnesses and special measures

A

The Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019

40
Q

Non-age

A

Criminal Procedure (Scotland) Act 1995, s 41, amended by the Age of Criminal Responsibility (Scotland) Act 2019, s 1

41
Q

Mental disorders

A

Unfitness for trial: Criminal Procedure (Scotland) Act 1995, s 53F

42
Q

Criminal responsibility of persons with mental disorder

A

Criminal Procedure (Scotland) Act 1995, s 51A

Criminal and Evidence (4 decks)

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