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Crj 222 > Midterm Flashcards > Flashcards

Midterm Flashcards

1
Q

Define social contract ?

A

The respective rights and responsibilities of the people and the governments

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2
Q

Define Arson & elements

A

The criminal act of deliberately setting fire to property
- owner can be prosecuted for burning their own building
- mens rea is purposeful
- Fire need not touch the structure - “setting a fire” that just chars is sufficent

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3
Q

Define Retribution?

A

Punishment is needed and earned
Form of vengeance

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4
Q

Define Special Deterrence ?

A

Deter certain individuals already convicted of crimes from committing more crimes in the future

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5
Q

Define General Deterrence ?

A

Attempt to deter all members of society from engaging in criminal activity

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6
Q

Define incapacitation?

A

Theory of preventing criminal conduct by restraining those who have committed crimes

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7
Q

Define Retribution ?

A

Punish wrongdoers through the criminal justice system

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8
Q

Define Restitution

A

Compensate victims for their actual losses

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9
Q

Define Restoration ?

A

Focuses on healing victims

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10
Q

What is common law?

A

The oldest form of law and composed of judge made law

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11
Q

Define Statutory Law ?

A

Written penal laws passed by state legislatures

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12
Q

Define Model penal code ?

A

Proposed “model” criminal code intended to create consistency across states

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13
Q

What are the ethical obligation of defense attorney in the process of criminal justice ?

A
  • Professional values must be upheld
  • Zealously represent their clients regardless of whether the client is innocent or guilty
  • maintain strict client confidentiality
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14
Q

Define Mens rea ?

A

“Guilty mind” or possessing an intent to commit a criminal act

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15
Q

Define Malum in se

A

Inherently evil crimes
Ex: murder, rape, arson

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16
Q

Define malum prohibitum crimes ?

A

Only criminal due to declaration written by legislation

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17
Q

Define strict liability crimes?

A

Where mens rea or criminal intent are NOT an element

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18
Q

Can corporation be criminally liable ?

A

True

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19
Q

Define purposeful mens rea ?

A

Desire to cause result

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20
Q

Define knowing mens rea?

A

Aware of the nature of the act and certain of a particular result even if not their objective

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21
Q

Define reckless mens rea ?

A

Indifference to safety and rights of others as well as the consequences of actions

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22
Q

Negligent mens rea ?

A

Taking a substantial and unjustifiable risk that grossly deficits from the normal standard of conduct by a law abiding citizen

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23
Q

Define substantive law

A

defines crimes, the penalties for those crimes, and the principles used to judge criminal cases. It also includes the classification of crimes, such as felonies and misdemeanors.

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24
Q

Define motive

A

The reason why a person does something

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25
Define concurrence
The joining of mens rea and actus reus
26
Define attendant circumstances ?
Facts or conditions that must be proved along with the mens rea and actus reus for defendant to be convicted
27
What is the felony murder rule doctorine ?
One who caused unintended death during the commission of a dangerous felony
28
Define Manslaughter & elements
Unlawful killing of another without malice aforethought
29
Define First degree Murder & its elements
Most serious of crimes Wilful, deliberate, and premeditated Specific intent crime
30
Define second degree murder ?
Lacks premeditation Higher crime than manslaughter
31
Define Corpus Delecti?
Facts that show a crime occurred The “body of crime”
32
Define assault
An intentional show of force and does NOT physical contact
33
Define Battery & Elements
An intentional TOUCHING of another without consent that is offensive or harmful - The actus reus of battery - Must be offensive or harmful
34
Define Involuntary Manslaughter
A death caused by reckless and/ or illegal behavior
35
Define Mayhem
Violently, maliciously, and intentionally, inflicting a serious and permanent wound Dismemberment and disfigurement fall under mayhem statutes Ex: losing an eye, ear, or limb
36
Define Kidnapping & elements
Taking away and holding a person illegally, against the person’s will or by force - felony - taking must be unlawful - must have confinement - has to be asportation
37
Define Solicitation
Anyone engaged in selling sex, buying sex, or attempting to buy sex - Only needs to be an attempt to sell
38
Define False imprisonment & elements
- occurs when one person interferes with another’s liberty by use of threat or without appropriate legal authority - lesser offense than kidnapping
39
Define stalking & elements
Repeatedly harassing, threatening, lying ongoing wait, or conducting surveillance of another person in ways that lead to a legitimate fear of physical harm - Require 2 or more incidents
40
Define Burglary & elements
Unlawful entry of any structure for purpose of commiting a felony or stealing from premises once inside, or to be assault/ battery someone - eliminated the “breaking” requirement but does require some sort of unlawful entry
41
Define Larceny & elements ?
The trespasspory taking and carrying away of personal property of another - with the intent to permanently deprive the owner of posession
42
Define Embezzlement & elements
- Conversion of personal property of another by one who has acquired lawful possession with an intent to defraud the owner - Victim gives cash or item of value to a trusted person for a particular purpose; trusted person misuses for own use instead of
43
Define False pretenses crimes
- A material lie used to cheat another person out of money or property - Must prove the defendant knew statement was false when made
44
Define Robbery & elements
Taking and carrying away of personal property from another’s person or presence using force/ violence or threat or fear, with an intent to steal the property - crime is face to face - men’s rea required: a specific intent to take the property and deprive the owner of it permanently; method: use of force/violence/threat, with an intent to steal the property
45
Define Extortion & elements
The taking acquisition of property, or compelling an act or omission of/by another person, through use of a threat of future harm, with an intent to permanently - known as blackmail - The actor must intentionally communicate a threat and specifically intend to take property or money to compel the victim to act
46
Is obscenity covered by the first amendment?
No, Federal and state government can regulate or criminalize conduct, speech, books, movies, and other forms of expression determined to be “obscene”
47
Is Riot and unlawful assembly protected by the first amendment?
No
48
Definition of Riot
A threat with immediate ability to execute the threat, by persons in a group of three or more
49
Explain “Fighting words” doctrine
Speech is not protected by the first amendment - words that by their nature will inflict injury; incite immediate breach of peace; or will cause a violent reaction by those who hear them - common insults are not “fighting words”
50
Perjury definition & elements
- The making of a false statement with knowledge that it is false while under oath - Men’s rea person who made the statement knew it was false and it must be made under oath
51
When can a burglary charge be added on ?
When someone unlawfully enters or remains in a building with the intent to commit a dangerous felony
52
Inchoate crimes definition
Incompeted crimes are sometimes called inchoate crimes
53
Define Homicide
Killing of one person by another
54
What is the legal of marijuana ?
On the state level marijuana is legal and on the federal level it is illegal
55
Definition of Conspiray & elements
Agreement between two or more persons to commit - Actus Reus the agreement - Mens rea - the intent conspirators must possess a specific intent to commit an unlawful act or a lawful act in an unlawful manner
56
Define Attempted Criminal Acts
Three elements 1. defendant must intend to commit a crime 2. Defendant must take action in furtherance of that intent 3. Crime is not completed for some reason
57
Principles of crime
Modern criminal liability laws generally hold everyone involved before and at the crime scene, as primary principals to the crime
58
Primary branches of government
Legislative, Executive, Judicial
59
Definition Legislative Branch
Creates laws known as statutes
60
Definition Executive Branch
Duty is to enforce the laws
61
Define Judicial Branch
Interprets laws through administration of justice
62
Define Trial courts ?
State or federal courts that hear and determine a case
63
Define Appellate Courts ?
State or Federal courts that review decisions of trial courts
64
Define attempt crimes ?
Intended criminal acts may be begun but for some reason are not completed
65
Define solicitation relating to incomplete crimes?
Encouraging, requesting, paying or commanding of another to commit a crime ●Specific-intent crime ●Actus reus is the solicitation itself – no other conduct required and requested crime does not have to take place

Crj 222 (1 decks)

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