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Criminal Jusitce > Law and Procedures > Flashcards

Law and Procedures Flashcards

1
Q

assault/battery

A
  1. reasonable fear
  2. Imminent
  3. offensive contact
  4. apparent ability
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2
Q

Aggravated Assault

A
  • threaten w/ weapon
  • serious injuries
    • broken bones, stiches, internal injuries, strangulation
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3
Q

Kidnapping

A
  • confinement
  • Intent
    • ransom
    • conflict serious injury
    • use as shield or hostage
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4
Q

Asportation

A
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5
Q

Rape Shield Laws

A

A victims previous sexual activity with anyone can not be used as evidence

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6
Q

Attempt

A

Substantial step towards finishing a crime

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7
Q

Cyberstalking

A

knowingly harassing another through electronic communication that threatens or imitate bodily harm

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8
Q

Domestics

A
  • co-habitation
  • children
  • Relationships
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9
Q

Hate Crimes

A

homicide, assault + motive (due to race, religion, gender)

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10
Q

Civil Rights Violations

A
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11
Q

Excusable Homicide

A

Accidental

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12
Q

Justifiable Homicide

A

Death by law enforcement

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13
Q

Murder 1st

A
  • malice

- premeditation

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14
Q

murder 2nd

A
  • Acted in which death is more likely to occur

- no malice

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15
Q

Voluntary Manslaughter

A
  • provocation/intention
  • “heat of passion”
  • no time for reflections
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16
Q

Involuntary Manslaughter

A
  • reckless ac

- disregard of risk

17
Q

Felony Murder

A

Death occurs during “BRAKES”

18
Q

“BRAKES”

A 
Burglary
Robbery
Arson
Kidnapping
Escape
Sexual Assault
19
Q

Corpus Delicti

A

facts and circumstances constituting a breach of law

20
Q

Evidence of Premeditation

A
21
Q

Conspiracy Evidence

A
  • intent
  • 2 or more persons
  • ## agreement to commit
22
Q

Wharton’s Rule

A

prohibits the prosecution of conspiracy when the offense can ONLY be committed by 2 people

23
Q

Pinkerton Rule

A

Liability on any conspirator for any crimes committed, even by co-conspirators

24
Q

Actus Reus & Mens rea

A

Wrongful act & criminal intent

25
Q

Transferred Intent

A

Intent to kill, but kills the “wrong” target

26
Q

Strict Liability

A
27
Q

Ex post Facto

A

Charged by the laws that existed at the time of crime

28
Q

Attendant Circumstances

A

elements of the crime (other than actus reus or mens rea)

29
Q

Parties to a crime

A

Accessory after the fact & Principal (aider and abettors)

30
Q

Accessory after the fact

A

not apart of or aware of the crime

31
Q

Constructive

A

Someone has control over the area in which the substance is held

32
Q

Actual/active

A

Evidence or paraphernalia is on the person

33
Q

Inchoates

A

Solicitation

conspiracy

Criminal Jusitce (5 decks)

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