Law and Procedures Flashcards
assault/battery
- reasonable fear
- Imminent
- offensive contact
- apparent ability
Aggravated Assault
- threaten w/ weapon
- serious injuries
- broken bones, stiches, internal injuries, strangulation
Kidnapping
- confinement
- Intent
- ransom
- conflict serious injury
- use as shield or hostage
Asportation
Rape Shield Laws
A victims previous sexual activity with anyone can not be used as evidence
Attempt
Substantial step towards finishing a crime
Cyberstalking
knowingly harassing another through electronic communication that threatens or imitate bodily harm
Domestics
- co-habitation
- children
- Relationships
Hate Crimes
homicide, assault + motive (due to race, religion, gender)
Civil Rights Violations
Excusable Homicide
Accidental
Justifiable Homicide
Death by law enforcement
Murder 1st
- malice
- premeditation
murder 2nd
- Acted in which death is more likely to occur
- no malice
Voluntary Manslaughter
- provocation/intention
- “heat of passion”
- no time for reflections
Involuntary Manslaughter
- reckless ac
- disregard of risk
Felony Murder
Death occurs during “BRAKES”
“BRAKES”
Burglary Robbery Arson Kidnapping Escape Sexual Assault
Corpus Delicti
facts and circumstances constituting a breach of law
Evidence of Premeditation
Conspiracy Evidence
- intent
- 2 or more persons
- ## agreement to commit
Wharton’s Rule
prohibits the prosecution of conspiracy when the offense can ONLY be committed by 2 people
Pinkerton Rule
Liability on any conspirator for any crimes committed, even by co-conspirators
Actus Reus & Mens rea
Wrongful act & criminal intent
Transferred Intent
Intent to kill, but kills the “wrong” target
Strict Liability
Ex post Facto
Charged by the laws that existed at the time of crime
Attendant Circumstances
elements of the crime (other than actus reus or mens rea)
Parties to a crime
Accessory after the fact & Principal (aider and abettors)
Accessory after the fact
not apart of or aware of the crime
Constructive
Someone has control over the area in which the substance is held
Actual/active
Evidence or paraphernalia is on the person
Inchoates
Solicitation
conspiracy
