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ALEA > Intro to Crim Law > Flashcards

Intro to Crim Law Flashcards

1
Q

Identify the following alternatives to prosecution available to complainants and victims:

A

A. MEDIATION
B. WARNINGS
C. CIVIL REMEDIES
D. REFERRAL SERVICES

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2
Q

WHAT IS ATTEMPT AND HOW MANY CLASSES LESS IS ATTEMPT CHARGED AS?

A

A. Intentionally engages in conduct that would constitute an offense if the attendant circumstances were as such person believes them to be.
B. Intentionally does or omits to do anything which, under the circumstances as such believes them to be, in any step in a course of conduct planned to culminate in the commission of an offense.
C. Engages in conduct intended to aid another to commit an offense, although the offense is not committed or attempted by the other person, provided his/her conduct would establish his/her complicity if the offense were committed or attempted by the other person.

Attempt is CHARGED 1 LESS THAN THE CRIME COMMITTED

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3
Q

WHAT IS SOLICITATION AND HOW MAY CLASSES LESS IS IT CHARGED?

A

commits solicitation if, with the intent to promote or facilitate the commission of a felony or misdemeanor, such person commands, encourages, requests or solicits another person to engage in conduct which would constitute the crime.
IT IS CHARGED 2 LESS THAN THE CRIME COMMITTED.

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4
Q

How many people does it take to constitute conspiracy?

A

At least 2 people who intend to promote or aid in the commission of a crime.

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5
Q

What is Conspiracy?

A

A person commits conspiracy if, with the intent to promote or aid the commission of an offense, such person agrees with one (1) or more persons that at least one (1) of them or another person will engage in conduct constituting the offense and one (1) of the parties commits an overt act in furtherance of the offense, except that an overt act shall not be required if the object of the conspiracy was to commit:

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6
Q

An OVERT ACT shall not be required if the object of the conspiracy was to commit what? OR what are the EXCEPTIONS to the “OVERT ACT” requirement?

A

First degree murder

arson of an occupied structure

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7
Q

How many classes less is conspiracy charged as?

A

Conspiracy to commit a crime carries the same class of crime as if it were accomplished (i.e., conspiracy to commit a Class 3 felony is considered a Class 3 felony).

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8
Q

Are conversations among co-conspirators in forming and planning the conspiracy an OVERT ACT IN FURTHERANCE?

A

NO, “Conversations among co-conspirators in forming and planning the conspiracy are not overt acts in furtherance.”

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9
Q

What is Facilitation?

A

A person commits facilitation if, acting with knowledge that another person is committing or intends to commit an offense, the person knowingly provides the other person with MEANS OR OPPORTUNITY for the commission of the offense.

a. A sporting goods salesman sells a gun to a man who he knows intends to use it to kill his wife.
b. A telephone company provides telephone services to a person with knowledge that the intended use is for bookmaking purposes.
c. A night watchman for a warehouse looks the other way when he sees a burglar friend about to break into the warehouse.

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10
Q

How many classes less is FACILITATION charged as?

A

4 LESS

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11
Q

What % of any offense are you required to serve? at least?

A

85%

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12
Q

What are the 4 CULPABLE MENTAL STATES?

A

INTENTIONALLY
KNOWINGLY
RECKLESSLY
CRIMINAL NEGLIGENCE

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13
Q

What does the INTENTIONALLY CULPABLE MENTAL STATE mean?

A

(The most culpable (blameworthy) mental state).

The person’s intent was to commit the crime or to cause the results that occurred.

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14
Q

What does the KNOWINGLY CULPABLE MENTAL STATE mean?

A

(the next most culpable mental state after intentionally.) This generally refers to the circumstances surrounding the defendant’s conduct and not the conduct itself or its results. For example, a person acts knowingly when he/she receives property that he/she is aware, or believes, has been stolen.

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15
Q

What does the RECKLESSLY CULPABLE MENTAL STATE mean?

A

(the third most culpable mental state. )
The essence of this definition is the conscious disregard of a substantial and unjustifiable risk that the prohibited result will occur. For example, pulling a gun in a crowded restaurant is an act that consciously disregards the risk that someone will, or can, be injured.
(A conscious risk-taking.)

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16
Q

What does the CRIMINAL NEGLIGENCE CULPABLE MENTAL STATE mean?

A

the least culpable mental state.
The distinction between this and recklessness is the failure to perceive the risk or circumstances of the prohibited act.

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17
Q

What does “ACT” mean?

A

Bodily movement

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18
Q

What does BENEFIT MEAN?

A

Anything of value or advantage, present or prospective.

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19
Q

What does CONDUCT mean?

A

An act or omission and its accompanying culpable mental state.

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20
Q

What does CRIME mean?

A

A felony or a misdemeanor (note that “petty offense” is not included).

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21
Q

What does CRIMINAL STREET GANG mean?

A

An ongoing formal or informal association of persons whose members or associates, individually or collectively, engage in the commission, attempted commission, facilitation or solicitation of any felony act and which has at least 1 individual who is a criminal street gang member.

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22
Q

What does CRIMINAL STREET GANG MEMBER MEAN?

A

An individual to who 2 of the following 7 criteria, which indicate criminal street gang membership, applies:

    • self proclamation
    • witness testimony or official statement
    • written or electronic correspondence
    • paraphernalia or photographs
    • tatoos
    • clothing or colors
    • any other indicia of street gang membership
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23
Q

What does CULPABLE MENTAL STATE mean?

A

Intentionally
Knowingly
Recklessly
Criminal Negligence

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24
Q

What does DANGEROUS INSTRUMENT mean?

A

Anything that under the circumstances in which it is used, attempted to be used or threatened to be used is readily capable of causing death or serious physical injury.

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25
Q

What does DEADLY PHYSICAL FORCE MEAN?

A

Force that is used with the purpose of causing death or serious physical injury or in the manner of its use or intended use is capable of creating a substantial risk of causing death or serious physical injury.

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26
Q

What does DEADLY WEAPON MEAN?

A

Anything designed for lethal use, including a firearm.

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27
Q

What does FELONY mean?

A

An offense fro which a sentence to a term of imprisonment in the custody of the state department or corrections is authorized by any law of this state.
DEFENDANT IS PLACED IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS

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28
Q

What does FIREARM mean?

A

Any loaded or unleaded handgun, pistol, revolver, rifle shotgun or other weapon that will or is designed to or may readily be converted to expel a projectile by the ACTION OF EXPANDING GASES.

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29
Q

What does MISDEMEANOR MEAN?

A

An offense for which a sentence to a term of imprisonment other than to the custody of the state department of corrections.

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30
Q

What does OFFENSE mean?

A

INCLUDES misdemeanors, felonies and PETTY OFFENSES, unlike crime.

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31
Q

What does PETTY OFFENSE mean?

A

Fine only

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32
Q

What does PHYSICAL FORCE mean?

A

Means force used upon or directed toward the body of another person and includes CONFINEMENT, but does not include deadly physical force.
FORCE DIRECTED TOWARD A HAT ON SOMEONES HEAD COMPARED TO ACTUALLY PUSHING. PHYSICAL FORCE STILL EXIST EVEN THOUGH I DIDN’T TOUCH YOU (LOCKING DOOR) OR KNOCKING OFF THE HAT.
JUST B/C YOU MISS DOESN’T DISQUALIFY THE FORCE.

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33
Q

What does PHYSICAL INJURY mean?

A

Impairment of physical condition.
THE MINIMUM AMOUNT OF INJURY
BRUISES, RED MARKS, AND PAIN.

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34
Q

What does POSSESS mean?

A

Knowingly have physical possession or otherwise exercise dominion or control over property. it requires more than mere touching or inspection; it requires custody of the property or manifesting and intent to take custody.
DOESN’T EQUAL OWNERSHIP

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35
Q

What does SERIOUS PHYSICAL INJURY mean?

A

PERMANENT DISFIGUREMENT
Physical injury that creates a reasonable risk of death, or that causes serious and permanent disfigurement, serious impairment of health or loss or protracted impairment of the function of any bodily organ or limb.

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36
Q

What does VEHICLE mean?

A

Means a device in, upon or by which any person or property is, may be or could have been transported or drawn upon a highway, waterway or airway, excepting devices moved by HUMAN POWER OR USED EXCLUSIVELY UPON STATIONARY RAILS OR TRACKS

37
Q

What are the TIME LIMITATIONS for a CLASS 2-CLASS 6 FELONIES?

A

7 YEARS

38
Q

What are the TIME LIMITATIONS for a MISDEMEANOR?

A

1 YEAR

39
Q

What are the TIME LIMITATIONS for PETTY OFFENSES?

A

6 MONTHS

40
Q

What are the EXCEPTIONS TO TIME LIMITATIONS for PROSECUTION?

A
    • HOMICIDE
    • MISUSE FO PUBLIC MONEY
    • A FELONY INVOLVING THE FALSIFICATION FO PUBLIC RECORDS.
    • CHAPTER 14 OR CHAPTER 35.1 OFFENSES THT ARE CLASS 2 FELONIES
    • VIOLENT SEXUAL ASSAULT
    • TERRORISM
41
Q

Are the TIME LIMITATIONS IN EFFECT WHEN THE ACCUSED LEAVES THIS STATE OR WHEN HE/SHE HAS NO REASONABLE ASCERTAINABLE PLACE OF ABODE WITHIN THE STATE?

A

NO

42
Q

What is the MINIMUM REQUIREMENT for CRIMINAL LIABILITY?

A

Have to be PHYSICALLY CAPABLE OF DOING IT

43
Q

What is STRICT LIABILITY?

A

Doesn’t relieve you of responsibility, UNLESS IT WAS AN ACCIDENT.
IGNORANCE DOESN’T COUNT/ LITTERING AND THREATNING AND INTIMIDATING, DOES NOT REQUIRE YOU TO NEGLIGENTLY OR INTENTIONALLY REQUIRE YOU TO…..(DON’T HAVE TO MAKE ONE UP)LIABLE FOR THE ACTION REGARDLESS OF CMS

44
Q

What is the effect of ignorance or mistake upon criminal liability?

A

IGNORANCE OR MISTAKEN BELIEF IS NO EXCUSE

45
Q

What is the definition of ACCOMPLICE?

A

This term covers anyone who, with the intent to promote or facilitate the commission of an offense, solicits, commands, aids, counsels, agrees or attempts to aid or provides means or opportunity to another to commit the offense.
JUST ASK YOU TO DO IT
• 2. AID
• 3. PROVIDES MEANS OR OPPORTUNITY TO ANOTHER PERSON TO COMMIT THE OFFENSE. OFFER A BENEFIT.

46
Q

What is Criminal Liability Based Upon Conduct?

A

This is a statutory reaffirmation of the general principle that a person may be criminally liable for either his/her own conduct, the conduct of another or both.

47
Q

What is Criminal Liability Based Upon Conduct of Another?

A

o SOMEONE ELSES CONDUCT

o A PERSON IS CRIMINALLY ACCOUNTABLE FOR THE CONDUCT OF ANOTHER (MOM HAVING CHILD STEAL FOR HER)

48
Q

Who are some people who are incapable for committing a crime per A.R.S 13 Chapter 5?

A
  • -Persons under 18 years of age, Felony charging of 15, 16, & 17
  • -Insanity; Burden of Proof
49
Q

How many FELONY CLASSES ARE THERE?

A

6, CLASS 1 BEING THE HIGHEST

50
Q

How many MISDEMEANOR CLASSES ARE THERE?

A

3, CLASS 1 BEING THE HIGHEST

51
Q

A conviction for a felony suspends what civil rights of the person that was convicted?

A
  1. The right to vote.
  2. The right to hold public office of trust or profit.
  3. The right to serve as a juror.
  4. The right to possess a gun or firearm.
  5. Any other right the suspension of which is necessary during a period of imprisonment.
52
Q

WHO WILL BE ASKING IF A CRIME WAS COMMITTED WITHIN A SCHOOL ZONE?

A

THE PROSECUTOR

53
Q

What consist of a “SCHOOL SAFETY ZONE”?

A
    • 300 feet of a school or grounds
    • Public property within 1000 feet of a school or grouns
    • School bus
    • School bus stop
54
Q

What is A.R.S 13 CHAPTER 11?

A

HOMICIDE

55
Q

What does PREMEDITATION mean?

A

Means that the defendant acts with either the INTENTION or the KNOWLEDGE that he/she will kill another human being, when such intention or knowledge precedes the killing by A LENGTH OF TIME TO PERMIT REFLECTION.

56
Q

What element distinguishes 1st degree murder from 2nd degree murder?

A

PREMEDITATION

57
Q

What does HOMICIDE mean?

A

Means first- or second-degree murder, man¬slaughter or negligent homicide

58
Q

What does “PERSON” mean?

A

A human being

59
Q

What is “ADEQUATE PROVOCATION”?

A

A reasonableness standard on the loss of self control. The court stated “this heat of passion must be such a passion as would naturally be aroused in the mind of an ordinarily reasonable person under given facts and circumstances and . . . consequently, no defendant may set up his own standard of conduct and justify or excuse himself because in fact his passions were aroused, unless further the jury believed that the facts and circumstances were sufficient to arouse the passions of the ordinarily reasonable man.”

60
Q

WHAT A.R.S CODE IS NEGLIGENT HOMICIDE?

A

A.R.S 13-1102

61
Q

What is NEGLIGENT HOMICIDE?

A

A person commits negligent homicide if with criminal negligence such person causes the death of another person including an unborn child.
“Criminal negligence” as used in this statute, means that a person failed to perceive a substantial risk that death is likely to result from his/her activity.
The risk of death must be of such nature and degree that the person’s failure to be aware of it constitutes gross deviation from the standard of care that a reasonable person would observe in the circumstances.

62
Q

What FELONY CLASS is NEGLIGENT HOMICIDE?

A

CLASS 4

63
Q

What is A.R.S 13-1103?

A

MANSLAUGHTER

64
Q

What is MANSLAUGHTER?

A
  1. RECKLESSLY causing the death of another person; or
  2. Committing second-degree murder as defined in A.R.S. §13 1104, Subsection A, upon a sudden quarrel or heat of passion resulting from adequate provocation by the victim; or
  3. Intentionally aiding another to commit suicide; or
  4. Committing second-degree murder as defined in A.R.S. §13 1104, Subsection A, paragraph 3, while being coerced to do so by the use, or threatened immediate use, of unlawful deadly physical force upon such person or a third person which a reasonable person in his/her situation would have been unable to resist; or
  5. Knowingly or recklessly causing the death of an unborn child in the womb at any stage of its development by any physical injury to the mother
65
Q

What is the CULPABLE MENTAL STATE of MANSLAUGHTER?

A

RECKLESSLY

66
Q

What is the MEDIAN SENTENCING for MANSLAUGHTER?

A

8-12 YEARS

67
Q

2nd Degree Murder is found in what A.R.S Code?

A

A.R.S. 13-1104

68
Q

What is 2ND Degree Murder?

A

A. A person commits second-degree murder if WITHOUT PREMEDITATION: KNOWINGLY

  1. Such person intentionally causes the death of another person including an unborn child or, as a result of intentionally causing the death of another person, causes the death of an unborn child; or
  2. Knowing that his/her conduct will cause death or serious physical injury, such person causes the death of another person, including an unborn child or, as a result of knowingly causing the death of another person, causes the death of an unborn child; or
  3. Under circumstances manifesting EXTREME INDIFFERENCE to human life, such person recklessly engages in conduct which creates a grave risk of death and thereby causes the death of another person, including an unborn child or, as a result of knowingly causing the death of another person, causes the death of an unborn child.A. Paragraph 3 penalizes with equal severity a homicide committed “recklessly” under circumstances which manifest extreme indifference to human life.

The extreme indifference involved in this type of activity distinguishes it from the less culpable recklessness involved in manslaughter.

  1. Shooting into a crowd.
  2. Derailing a speeding train.

AT A MINIMUM YOU CAUSE AN INJURY AND THEY DIE
 EXTREME INDIFFERENCE: I LITERALLY DON’T CARE

69
Q

What is the MEDIAN SENTENCING for 2nd Degree murder?

A

15-20 years

70
Q

What is A.R.S 13-1105?

A

1st Degree Murder

71
Q

What is 1st Degree Murder?

A

INTENTION PLUS PREMEDITATION

  1. Intending or knowing that his/her conduct will cause death, such person causes the death of another person, including an unborn child with PREMEDITATION or, as a result of causing the death of another person with premeditation, causes the death of an unborn child.
  2. Acting alone or with others, the person commits, or attempts to commit, any crime outlined in A.R.S. §13-1105(A)(2) and in the course of, and in furtherance of, the offense or immediate flight from the offense, the person or another person causes the death of another.
  3. Intending or knowing that the person’s conduct will cause death to a law enforcement officer, the per¬son causes the death of a law enforcement officer who is in the line of duty.
72
Q

Which classification of Murder does the FELONY MURDER RULE fall into?

A

1st Degree Murder

73
Q

What is the FELONY MURDER RULE?

A

EVEN THOUGH 2 SUSPECTS DIDN’T KILL ANYONE, THEY FLED AND WAS IN THE COURSE OF AND FURTHERANCE OF THE OFFENSE.
EVEN IF A GOOD OR BAD GUY GETS MURDERED

74
Q

WHAT ARE THE TYPES OF HOMICIDE AND THEIR A.R.S. CODES?

A

NEGLIGENT HOMICIDE – 1102
MANSLAUGHTER – 1103
2ND DEGREE MURDER – 1104
1ST DEGREE MURDER – 1105

75
Q

WHAT ARE THE TYPES OF ASSAULT AND THEIR A.R.S. CODES?

A

ENDANGERMENT – 1201
THREATENING OR INTIMIDATING – 1202
ASSAULT – 1203
AGGRAVATED ASSAULT – 1204

76
Q

What is ENDANGERMENT?

A

A person commits endangerment by recklessly endangering another person with a substantial risk of IMMINENT DEATH OR PHYSICAL INJURY.

77
Q

What need to be shown to make endangerment a felony?

A

There was a SUBSTANTIAL RISK OF DEATH

78
Q

What needs to be shown to make endangerment only a felony?

A

There was a substantial risk of PHYSICAL INJURY

79
Q

Does ENDANGERMENT REQUIRE SOMEONE TO GET HURT?

A

NO, THERE IS NO REQUIREMENT THAT ANYONE ACTUALLY BE INJURED EVEN IN THE SLIGHTEST.
BASED UPON THE RECKLESS CONDUCT OF A PERSON WHICH IS AT LEAST LIKELY TO CAUSE PHYSICAL INJURY, BUT DOES NOT ACTUALLY DO SO.

80
Q

What is THREATENING AND INTIMIDATING?

A

A. A person commits threatening or intimidating if such person threatens or intimidates by WORD OR CONDUCT:

  1. To cause physical injury to another person or serious damage to the property of another; or
  2. To cause, or in reckless disregard to causing, serious public inconvenience including, but not limited to, evacuation of a building, place of assembly or transportation facility; or
  3. To cause physical injury to another person or damage to the property of another in order to promote, further, or assist in the interests of, or to cause, induce or solicit another person to partici¬pate in a criminal street gang, a criminal syndicate or a racketeering enterprise.
81
Q

How is THREATENING OR INTIMIDATING a FELONY?

A

When the person is in a criminal street gang or in retaliation.

82
Q

What is ASSAULT?

A

A. A person commits assault by:
1. Intentionally, knowingly or recklessly causing any physical injury to another person; or
Subsection 1: This discusses the intentional, knowing or reckless infliction of any bodily injury on another person. WITHOUT SOME BODILY INJURY, THERE IS NO ASSAULT under this Subsection.
2. Intentionally placing another person in reasonable apprehension of imminent physical injury; or
Subsection 2: This penalizes someone who puts another in apprehension of harm. This LOOKS a lot like endangerment, but the mental states required are different.
3. Knowingly touching another person with the intent to injure, insult or provoke such person.
Subsection 3: This section punishes injurious, insulting or provoking physical touching. The definitions for these results will depend upon a case-by-case adjudication.
insulting touch= SMACKING WIFE’S BUTT

83
Q

Are ASSAULTS FELONIES OR MISDEMEANORS?

A

ALL ASSAULTS ARE MISDEMEANORS

84
Q

Is AGGRAVATED ASSAULT A FELONY OR MISDEMEANOR?

A

ALWAYS A FELONY

85
Q

What is A.R.S 13-1201?

A

ENDANGERMENT

86
Q

WHAT IS A.R.S 13-1204?

A

AGGRAVATED ASSAULT

87
Q

WHAT IS A.R.S 13-1202?

A

THREATENING AND INTIMIDATING

88
Q

WHAT IS A.R.S 13-1203?

A

ASSAULT

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