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Week One PTI 24-01 > Criminal Offenses Part One > Flashcards

Criminal Offenses Part One Flashcards

1
Q

ILCS

A

Illinois Compiles Statues

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2
Q

Chapter 720

A

Criminal Offenses

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3
Q

Chapter 625

A

Vehicles

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4
Q

720 Article 1

A

Title/Construction of Act

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5
Q

720 Article 2

A

General Definitions

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6
Q

720 Article 3

A

Right of Defendant

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7
Q

720 Article 4

A

Criminal Act & Mental State

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8
Q

720 Article 5

A

Parties to a Crime

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9
Q

720 Article 6

A

Responsibility

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10
Q

720 Article 7

A

Justifiable Use of Force

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11
Q

720 ILCS 500

A

Cannabis Control Act

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12
Q

Article 1-720 ILCS 5/1-2

A

The provisions of this Code shall be construed in accordance with the general purposes hereof. to:
(a) forbid and prevent the commission of offenses
(b) Define adequately the act and mental state which constitute each offense, and limit the condemnation of conduct as criminal when it is without fault
(c) Prescribe penalties which are proportionate to the seriousness of offenses and which are proportionate to the seriousness of offenses and which permit recognition of differenced in rehabilitation possibilities among individual offenders
(d) Prevent arbitrary or oppressive treatment of persons accused or convicted of offenses

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13
Q

720 ILCS 5/1-5

A

(a) A person is subject to prosecution in this State for an offense which he commits, while either within or outside the State, by his own conduct or that of another for which he is legally accountable, if
(1) The offense is committed either wholly or partly within the State; or
(2) the conduct outside the State constitutes an attempt to commit and offense within the State; or
(3) the conduct outside the Sate constitutes a conspiracy to commit an offense within the State, and act on furtherance of the conspiracy occurs in the State; or
(4) the conduct within the State constitutes an attempt, solicitation or conspiracy to commit in another jurisdiction an offense under the laws of both this State and such other jurisdiction

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14
Q

720 ILCS 5/1-5 b-c

A

(b) An offense is committed partly within this State, if either the conduct which is an element of the offense, or the result which is such an element, occurs within the State.
(c) An offense which is based on an omission to perform a duty imposed by the law of this State is committed within the State, regardless of he location of the offender at the time of the omission

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15
Q

Disorderly Conduct
(720 Sec. 26-1)

A

(a) A person commits disorderly conduct when he knowingly:
(1) Does any act in such unreasonable manner as to alarm or disturb another and to provoke a breach of the peace

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16
Q

Element of the Offense

A

Those parts of a crime which must be proven by the prosecution to sustain a conviction

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17
Q

720 ILCS 5/1-6

A

(a) Generally- Criminal action shall be tried in the county where the offense was committed, except as otherwise provided by law
(C) Death and cause of death in different places or underdetermined- If cause of death is inflicted in one county and death ensues in another county, the offender may be tried in either county
(f) Offense committed while in Transit- If an offense is committed upon any railroad car, vehicle, watercraft or aircraft has passed

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18
Q

Article 2 Acts (5/2-2)

A

An external manifestation of one’s will, something done voluntarily; includes a failure or omission to take action

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19
Q

Article 2 Conduct (5/2-4)

A

means an act or a series of acts, and the accompanying mental state

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20
Q

Dwelling (5/2-6)

A

means a building or portion thereof, a tent, a vehicle, or other enclosed space which is used or intended for use as a human habitation, home or residence

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21
Q

Section 19-3 Residential Burglary

A

Dwelling
- a house, apartment, mobile home, trailer, or other living quarters in which at the time of alleged offense the owners or occupants actually reside or in their absence intend within a reasonable period of time to reside

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22
Q

Offense (5/2-12)

A

means a violation of any penal statue of this Sate

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23
Q

Misdemeanor (5/2-11)

A

means any offense for which a sentence to a term of imprisonment fin other that a penitentiary for less than one year may be imposed

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24
Q

Petty Offense (730 ILCS 5/5-1-17)

A

means any offense for which a sentence to a fine only is provided

25
Q

Felony (5/2-7)

A

an offense for which a sentence to death or to a term of imprisonment in a penitentiary for one year or more is provided

26
Q

Forcible Felony (5/2-8)

A

means treason, first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, robbery, burglary, residential burglary, aggravated arson, arson, aggravated kidnapping, kidnapping, aggravated battery (resulting in great bodily harm or permanent disability or disfigurement and any other felony which involves the use of threat of physical force or violence against any individual)

27
Q

Peace Officer (5/2-13)

A

means any person who by virtue of his office or public employment is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses

28
Q

Penal Institution (5/2-14)

A

means a penitentiary, state farm, reformatory, prison, jail, house of correction, or other institution for the incarceration or custody of persons under sentence for offenses or awaiting trial or sentence for offenses

29
Q

Reasonable Belief (5/2-19)

A

means that the person concerned, acting as a reasonable man, believes that the described facts exist

30
Q

Reasonable Man

A

Someone who is fair, proper, just, moderate; having the faculty of reason; rational; agreeable to reason

31
Q

Voluntary Act (720 ILCS 5/4-1)

A

A material element of every offense is a voluntary act, which included an omission to perform a duty which the law imposes on the offender and which he is physically capable of performing

32
Q

Possession as a Voluntary Act
(720 ILCS 5/4-2)

A

Possession is a voluntary act of the offender knowingly procured or received the thing possessed, or was aware of his control thereof for a sufficient time to have been able to terminate his possession

33
Q

Article 3-1

A

Presumption of Innocence

34
Q

Article 3-2

A

Affirmative Defenses

35
Q

Article 3-5

A

General Limitations (statute of limitations)

36
Q

720 ILCS 5/3-1

A

Every person is presumed innocent until proved guilty. No person shall be convicted of any offense unless his guilt thereof is proved beyond a reasonable doubt

37
Q

Reasonable suspicion

A

explainable (articulable) reason, based on facts and the officer’s training and experience, to suspect that a person has, is presently, or about to commit a crime (investigatory stop- detention)

38
Q

Probable cause

A

factual circumstances, real or apparent, that would lead a reasonable person to a belief that the suspect is responsible for the crime

39
Q

Proof beyond a reasonable doubt

A

when a reasonable man, having heard the facts and evidence, finds that the person did commit the act

40
Q

725 ILCS 5/107-2

A

A peace officer may arrest a person when
(a) He has a warrant commanding that such person be arrested; or
(b) He has reasonable grounds to believe that a warrant for the person’s arrest has been issues in this State or in another jurisdiction
(c) He has reasonable grounds to believe that the person is committing or has committed an offense

41
Q

Article 4 (5/4-3) Mental State

A

A person is not guilty of an offense, other that and offense which involves absolute liability, unless, with respect to each element described by the statute defining the offense, he acts while having one of the mental states described section 4-4 through 4-7

42
Q

Article 4 (5/4-4) Intent

A

A person intends, or acts intentionally or with intent, to accomplish a result or engage in conduct described by the statute defining the offense, when his conscious objective or purpose is to accomplish that result or engage in that conduct.

43
Q

Article 4 (5/4-5) Knowledge

A

A person knows, or acts knowingly or with knowledge of:
(a) The nature or attendant circumstances of his conduct…when he is consciously aware that his conduct is of such nature or that such circumstances exist. Knowledge of a material fact included awareness of the substantial probability that such facts exists
(b) The result of his conduct when his is consciously aware that such result is practically certain to be caused by his conduct

44
Q

Article 4 (5/4-6) Recklessness

A

A person is reckless or acts recklessly, when he consciously disregards a substantial and unjustified risk that circumstances exist or that a result will follow, described by the statue defining the offense; and such disregard constitutes a gross deviation from the standard or care which a reasonable person would exercise in the situation.

45
Q

Article 4 (5/4-7) Negligence

A

A person is negligent, or acts negligently, when he fails to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow, described by the statue defining the offense; and such failure constitutes a substantial deviation from the standard of care which a reasonable person would exercise in the situation.

46
Q

Article 4 (5/4-9) Absolute Liability

A

A person may be guilty of an offense without having, as to each element thereof, one of the mental states described in Sections 4-4 through 4-7 if the offense is a misdemeanor which is not punishable by incarceration or by fine exceeding $1000, or the statute defining the offense clearly indicates a legislative purpose to impose absolute liability for the conduct described

47
Q

Accountability exists
720 ILCS 5/2

A

A person is legally accountable for the conduct of another when:
(a) he causes another to perform the conduct, and the other person in fact or by reason of legal incapacity lacks such a mental state; or
(b) The statues defining the offense makes him so accountable; or

48
Q

Accountability Continued
(720 ILCS 5/2)

A

(c) either before or during the commission of an offense, and with the intent to promote or facilitate that commission, he solicits, aids, abets, agrees or attempts to aid, such other person in the planning or commission of the offense

49
Q

Article 4 Ignorance or Mistake (720 ILCS 5/4-8)

A

A person’s ignorance or mistake as to a matter of either fact or lay, except as provided in Section 4-3 (c) above, is a defense if it negatives the existence of the mental state which the statute prescribes with respect to an element of the offense

50
Q

Infancy (720 ILCS 5/6-1)

A

No person shall be convicted of any offense unless he had attained his 13th birthday at the time the offense was committed

51
Q

Insanity (720 ILCS 5/6-2)

A

(a) A person is not criminally responsible for conduct if at the time of such conduct, as a result of mental disease or mental defect, he lacks substantial capacity to appreciate the criminality of his conduct
(c) A person who, at the time of the commission of criminal offense, was not insane but was suffering from a mental illness, is not relieved of criminal responsibility for his conduct and may be found guilty but mental ill

52
Q

Intoxicated/Drugged
720 ILCS 5/6-3

A

A person who is in an intoxicated or drugged condition is criminally responsible for conduct unless such condition is involuntarily produced and deprives him of substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of law

53
Q

Article 7-1 Use of Force in Defense of Person

A

A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another
However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or another, or commission of a forcible felony.

54
Q

Use of Force in Defense of Dwelling 720 ILCS 5/7-2

A

A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other’s unlawful entry into or attack upon a dwelling

55
Q

Use of force in Defense of Dwelling (Continued)

A

However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if:
(1) The entry is made or attempted in a violent, riotous, or tumultuous manner, and he reasonably believes that such force is necessary to prevent an assault upon, or offer of personal violence to, him or another then in the dwelling, or
(2) prevent the commission of a felony in the dwelling

56
Q

Justifiable Use of Force

A

720 ILCS 5/7-5
Peace Officer’s Use of Force in Making Arrest; Prohibited use of force by a Peace Officer
720 ILCS 5/7-9
Use of force to prevent escape
720 ILCS 5/6-16
Duty to Intervene

57
Q

Compulsion
(720 ILCS 5/7-11)

A

A person is not guilty of an offense, other that an offence punishable with death, by reason of conduct which he or she performs under the compulsion of threat or menace of the imminent infliction of death or great bodily harm, if he or she reasonably believes death or great bodily harm will be inflicted upon him or her, or upon his or her spouse or child, if he or she does not perform such conduct

58
Q

Entrapment 720 ILCS 5/7-12

A

A person is not guilty of an offense if his or her conduct is incited or induced by a public officer or employee, or agent of either, for the purpose of obtaining evidence for the prosecution of that person.

However, this Section is inapplicable if the person was pre-disposed to commit the offense and the public officer or employee, or agent of either, merely affords to that person the opportunity or facility for committing an offense.

59
Q
A

Week One PTI 24-01 (4 decks)

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