FINAL EXAM! Flashcards
types of assault
- Assault
- Battery
An assault conviction requires
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.
Assaults become “aggravated” when they:
Are committed with a firearm
Are part of an intent to commit a felony
A battery conviction requires
Battery takes place when a person commits an act that does inflict physical harm on another.
aggravated battery
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.
Assault/Battery Defenses
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.
Child Abuse and Neglect charges
People who inflict such injuries on children may be charged with murder, assault, battery, assault with a dangerous weapon, aggravated battery
Child Abuse active vs passive
Active elements: Physically hurting
Passive elements: Failure to care for a child adequately
Sexual relations become a crime in the United States if:
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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.
criminal sexual relations
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.
Historical def: Rape
Historically, common law rape was defined as non-consensual carnal knowledge by force or threat of force
Today def: rape
Today, rape can be oral, vaginal, or anal and by penis, finger, tongue, or foreign object.
Elements of Rape
Rape is gender-neutral
Coercion/lack of consent
Resistance. (purely verbal resistance is sufficient)
Rape Shield Laws
Most states now have rape shield laws that limit evidence of:
Past sexual behavior of victim
Sexual predisposition of victim (reputation)
RSL: evidence admitted
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.
Statutory Rape
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.
Romeo & Juliet Exception
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
coercion
the use of intimidation or threats to force (or prevent) someone to do something they normal wouldn’t do
necessity
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.
duress
A defense to criminal prosecution where defendant was forced to commit the criminal act.
- imminent harm
double jeopardy
when the defendant has been tried before on the same charge, and acquitted.
statutes of limitations
statute that sets the maximum time the government has to prosecute a violation of a criminal law.
capital punishment
Inflicting deadly injury as punishment for criminal conduct.
aggravating circumstances
any fact or circumstance that increases the severity or culpability of a criminal act.
ex: Repeat Offenses, Vulnerability of Victim, lack of remorse
Corporal punishment
Inflicting nondeadly physical injury as punishment for criminal conduct.
Ex: Whipping or dismemberment
mitigating circumstances
Factors that lessen the severity or culpability of a criminal act
ex: age, mental/emotional disturbance, no criminal record, mental retardation
Corporal Punishment in Prisons
prison inmates have none of the “community and legal constraints” that provide safeguards against the sort of abuses the Eighth Amendment prohibits.
capital punishment is constitutional if:
The victim dies
capital punishment does not count with:
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
death penalty moratorium concerns:
innocence
racial bias
effects on victims’ families
Obscenity
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.
In general, freedom to use obscenity is not protected by the First Amendment when:
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
Public Nuisance Laws
intended to insure public safety and public order. Some regulations include: Laws on loud noise Nuisance speech Riots
Symbolic Speech
Nonverbal expressions that convey a belief or idea.
Symbolic speech that is disruptive can reasonably be controlled
the First Amendment not protected
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
stalking
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
only defense to slander
the truth.
forfeiture
Going back to early English law, the concept and use of seizing the property that was used to commit a crime
Types of murder
First, Second, Third
Voluntary
Involuntary
first degree murder
most serious crime.
punishable by death, life in prison no parole
first degree murder is defined as
Criminal homicide when the killing of another is intentional.
EX: poison, lying in wait, planned and deliberate killing
second degree murder
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
felony murder
applicable when a murder takes place during a felony
Ex: robbing bank and teller gets shot
mandatory prison sentence
third degree murder/manslaughter
Meaning to just cause bodily harm, and someone dies in result
punishable by 10-20 yrs. prison and felony
example of 3rd degree
shooting someone, killing them. not planned or intended in felony course
voluntary manslaughter
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
example of VM
shooting a cheating husband bc of anger
involuntary manslaughter
the doing of a lawful act in a reckless or grossly negligent manner causes the death of another.
involuntary manslaughter punishments
Involuntary manslaughter is a misdemeanor of the first degree,
punishable by two and one-half to five years in prison.
examples of IM
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
Born alive rule
common law legal principle that states homicide and assault, apply only to a child that has taken its first few breaths
Megans law
Law requiring authorities to notify communities of the whereabouts of convicted sex offenders.
Involuntary Intoxication
Involuntary intoxication occurs when someone is tricked into consuming a substance like drugs or alcohol, or when someone is forced to do so.
feticide
Murder of an unborn child.
cyber stalking
use of the internet and other technologies to harass or stalk another person online
Hate crime
A hate crime is a crime committed that is motivated by bias.
ex: race, religion, sexual orientation, gender, gender identity, or disability.
road rage
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.
transferred intent
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.
assisting Suicide
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.
Euthanasia (mercy killing)
Killing of a terminally sick or injured individual with only a short time to live can still constitute murder.
rape mens rea/actus reus
Sexual intercourse by force or a threat of severe bodily harm (actus reus)
Intentional vaginal intercourse (mens rea)
consent contract
A properly signed sexual consent form representslegal consentby an individual for acts that may involve intercourse, oral sex, and other related activities.
subject force
the victim must honestly fear imminent bodily harm
object force
fear was reasonable under the circumstances.
Sex Offenders (Registration)
sex offenders must register in their state, city, or county of residence.
must give notice when they change residence or employment.
parental kidnapping
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.”
False imprisonment
occurs when one person unlawfully restrains someone else without the victim’s consent.
kidnapping
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.
Violence in the Workplace
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.
Voluntary Participation Rule
Voluntary participation means the people answering questions have made a free choice to be involved in the gathering of information.
second amendment
This amendment protects the rights of citizens to “bear arms” or own weapons such as guns.
Domestic violence
Counts for anyone in a close relationship
extrinsic vs intrinsic force
in: vaginal pen.
ex: more force than just pen.
3 strike laws
with 3 felony convictions, you can get additional time on top of sentence already received
protected speech
freedom of speech and association
alibi defense
one couldn’t have committed the crime since they were with someone else or in another location when it happened
bifurcation
trial in 2 stages
