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Criminal law > FINAL EXAM! > Flashcards

FINAL EXAM! Flashcards

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1
Q

types of assault

A
  • Assault

- Battery

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2
Q

An assault conviction requires

A

An assault occurs when a person commits an act that may inflict physical harm on someone else.
Using any weapon to cause fear is an assault.

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3
Q

Assaults become “aggravated” when they:

A

Are committed with a firearm

Are part of an intent to commit a felony

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4
Q

A battery conviction requires

A

Battery takes place when a person commits an act that does inflict physical harm on another.

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5
Q

aggravated battery

A

If serious bodily injury results or a weapon is used, it is aggravated battery.
Sometimes other circumstances, such as the victim being pregnant, make a battery aggravated.

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6
Q

Assault/Battery Defenses

A 
Self-defense
The conduct was necessary and lawful
sports
the reasonable discipline of a child
touching was accidental or consented to, or necessary under the circumstances.
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7
Q

Child Abuse and Neglect charges

A

People who inflict such injuries on children may be charged with murder, assault, battery, assault with a dangerous weapon, aggravated battery

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8
Q

Child Abuse active vs passive

A

Active elements: Physically hurting

Passive elements: Failure to care for a child adequately

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9
Q

Sexual relations become a crime in the United States if:

pt1

A

There is a lack of consent.
They are conducted with a minor incapable of legal consent.
They are conducted with a mentally deficient person or an adult incapable of consenting.

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10
Q

criminal sexual relations

A

They are performed in public.
They are performed for profit (prostitution).
They are between a therapist and a patient and in violation of the laws of that state.

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11
Q

Historical def: Rape

A

Historically, common law rape was defined as non-consensual carnal knowledge by force or threat of force

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12
Q

Today def: rape

A

Today, rape can be oral, vaginal, or anal and by penis, finger, tongue, or foreign object.

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13
Q

Elements of Rape

A

Rape is gender-neutral
Coercion/lack of consent
Resistance. (purely verbal resistance is sufficient)

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14
Q

Rape Shield Laws

A

Most states now have rape shield laws that limit evidence of:
Past sexual behavior of victim
Sexual predisposition of victim (reputation)

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15
Q

RSL: evidence admitted

A

Past sexual relations between the victim and defendant on issue of consent.
Evidence of sex with another person, but only to prove defendant was not source of semen found on victim.
In many states, evidence of prior false reports of rape is admissible.

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16
Q

Statutory Rape

A

Sexual relations with a child under a specified age, usually 16, is a crime even if done with consent.
Many states have separate offenses for sexual relations with a child under 12 years of age, generally making the punishment greater.

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17
Q

Romeo & Juliet Exception

A

prevents the prosecution of consensual sexual acts between a minor who is 13 or older and a defendant who is less than four years older

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18
Q

coercion

A

the use of intimidation or threats to force (or prevent) someone to do something they normal wouldn’t do

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19
Q

necessity

A

A defense to criminal prosecution on the grounds that the harm to be avoided outweighed the harm caused by the crime committed. Necessity will not justify taking another person’s life.

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20
Q

duress

A

A defense to criminal prosecution where defendant was forced to commit the criminal act.
- imminent harm

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21
Q

double jeopardy

A

when the defendant has been tried before on the same charge, and acquitted.

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22
Q

statutes of limitations

A

statute that sets the maximum time the government has to prosecute a violation of a criminal law.

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23
Q

capital punishment

A

Inflicting deadly injury as punishment for criminal conduct.

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24
Q

aggravating circumstances

A

any fact or circumstance that increases the severity or culpability of a criminal act.
ex: Repeat Offenses, Vulnerability of Victim, lack of remorse

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25
Q

Corporal punishment

A

Inflicting nondeadly physical injury as punishment for criminal conduct.
Ex: Whipping or dismemberment

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26
Q

mitigating circumstances

A

Factors that lessen the severity or culpability of a criminal act
ex: age, mental/emotional disturbance, no criminal record, mental retardation

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27
Q

Corporal Punishment in Prisons

A

prison inmates have none of the “community and legal constraints” that provide safeguards against the sort of abuses the Eighth Amendment prohibits.

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28
Q

capital punishment is constitutional if:

A

The victim dies

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29
Q

capital punishment does not count with:

A

in individual crimes such as: rape
underage (18) when the crime happened
insane at the time of execution/mental retardation
rape of child where child does not die

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30
Q

death penalty moratorium concerns:

A

innocence
racial bias
effects on victims’ families

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31
Q

Obscenity

A

Obscenity, when identified by a state, can be punished as a crime.
Defining obscenity, however, has been the subject of many court rulings and debates.

32
Q

In general, freedom to use obscenity is not protected by the First Amendment when:

A

The communication is described in an offensive manner with depictions of explicit sexual acts.
Portrays sexual conduct in a patently offensive way
The communication has no redeeming social
value (literary, scientific, or artistic value

33
Q

Public Nuisance Laws

A 
intended to insure public safety and public order.
Some regulations include:
Laws on loud noise
Nuisance speech
Riots
34
Q

Symbolic Speech

A

Nonverbal expressions that convey a belief or idea.

Symbolic speech that is disruptive can reasonably be controlled

35
Q

the First Amendment not protected

A

Actions that have a purpose other than/beyond communication of an idea or belief are not protected by the First Amendment.
ex: wearing a ninja mask to scare others

36
Q

stalking

A

Stalking has become a serious problem in the United States and Europe.
Often stalking involves offenders who had a previous relationship with the victim.
Stalking has now been made criminal in most states

37
Q

only defense to slander

A

the truth.

38
Q

forfeiture

A

Going back to early English law, the concept and use of seizing the property that was used to commit a crime

39
Q

Types of murder

A

First, Second, Third
Voluntary
Involuntary

40
Q

first degree murder

A

most serious crime.

punishable by death, life in prison no parole

41
Q

first degree murder is defined as

A

Criminal homicide when the killing of another is intentional.
EX: poison, lying in wait, planned and deliberate killing

42
Q

second degree murder

A

homicide that lacks premeditation, is intended to only cause bodily harm.
Ex: a person becomes angry, grabs a gun that is kept just for his protection, shoots a person

43
Q

felony murder

A

applicable when a murder takes place during a felony
Ex: robbing bank and teller gets shot
mandatory prison sentence

44
Q

third degree murder/manslaughter

A

Meaning to just cause bodily harm, and someone dies in result
punishable by 10-20 yrs. prison and felony

45
Q

example of 3rd degree

A

shooting someone, killing them. not planned or intended in felony course

46
Q

voluntary manslaughter

A

the killing of an individual without lawful justification, if at the time of the killing the defendant is acting under a sudden and intense passion
felony of the first degree. punishable by 10-20

47
Q

example of VM

A

shooting a cheating husband bc of anger

48
Q

involuntary manslaughter

A

the doing of a lawful act in a reckless or grossly negligent manner causes the death of another.

49
Q

involuntary manslaughter punishments

A

Involuntary manslaughter is a misdemeanor of the first degree,
punishable by two and one-half to five years in prison.

50
Q

examples of IM

A

Driving a car well in excess of the speed limit and causing the death of another
texting and driving
not controlling a dangerous dog
a lawful act in a reckless or grossly negligent manner

51
Q

Born alive rule

A

common law legal principle that states homicide and assault, apply only to a child that has taken its first few breaths

52
Q

Megans law

A

Law requiring authorities to notify communities of the whereabouts of convicted sex offenders.

53
Q

Involuntary Intoxication

A

Involuntary intoxication occurs when someone is tricked into consuming a substance like drugs or alcohol, or when someone is forced to do so.

54
Q

feticide

A

Murder of an unborn child.

55
Q

cyber stalking

A

use of the internet and other technologies to harass or stalk another person online

56
Q

Hate crime

A

A hate crime is a crime committed that is motivated by bias.

ex: race, religion, sexual orientation, gender, gender identity, or disability.

57
Q

road rage

A

violent anger caused by the stress and frustration involved in driving a motor vehicle in difficult conditions.
results in heavy penalties or even prison time.

58
Q

transferred intent

A

If acts are taken with the intent to cause the death of one person, but another person dies, that is transferred intent.
ex: A shoots at B, intending to kill B, but misses and hits C, killing C. A is guilty of intent-to-kill murder of C.

59
Q

assisting Suicide

A

The act of furnishing the means of a suicide.
In many states, when a person assists another to commit suicide but does not have any direct participation, the crime of assisting suicide is charged rather than murder.

60
Q

Euthanasia (mercy killing)

A

Killing of a terminally sick or injured individual with only a short time to live can still constitute murder.

61
Q

rape mens rea/actus reus

A

Sexual intercourse by force or a threat of severe bodily harm (actus reus)
Intentional vaginal intercourse (mens rea)

62
Q

consent contract

A

A properly signed sexual consent form representslegal consentby an individual for acts that may involve intercourse, oral sex, and other related activities.

63
Q

subject force

A

the victim must honestly fear imminent bodily harm

64
Q

object force

A

fear was reasonable under the circumstances.

65
Q

Sex Offenders (Registration)

A

sex offenders must register in their state, city, or county of residence.
must give notice when they change residence or employment.

66
Q

parental kidnapping

A

occurs when a person “knowingly or recklessly takes or entices any child under the age of 18 years from the custody of their parent, guardian or other lawful custodians, when he or she has no privilege to do so.”

67
Q

False imprisonment

A

occurs when one person unlawfully restrains someone else without the victim’s consent.

68
Q

kidnapping

A

Most states require that a kidnapping victim be “moved.” Generally, the movement must be substantial, and not just moving a person from one room to another.

69
Q

Violence in the Workplace

A

each year 1 million people become victims of violent crimes while at work.
Violence also occurs in public schools and increasingly school shootings are of concern.

70
Q

Voluntary Participation Rule

A

Voluntary participation means the people answering questions have made a free choice to be involved in the gathering of information.

71
Q

second amendment

A

This amendment protects the rights of citizens to “bear arms” or own weapons such as guns.

72
Q

Domestic violence

A

Counts for anyone in a close relationship

73
Q

extrinsic vs intrinsic force

A

in: vaginal pen.
ex: more force than just pen.

74
Q

3 strike laws

A

with 3 felony convictions, you can get additional time on top of sentence already received

75
Q

protected speech

A

freedom of speech and association

76
Q

alibi defense

A

one couldn’t have committed the crime since they were with someone else or in another location when it happened

77
Q

bifurcation

A

trial in 2 stages

Criminal law (8 decks)

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