Quiz 1 2-17-2016 Flashcards
Crime
- legal and non-legal violations
2. cross-cultural definitions (jay walking)
Mala in Se
Wrong in gut (morally wrong)
Mala Prohibita
Legally forbidden
Newman’s Study 9 activities that are criminal or deviant
Robbery, appropriation of public funds, environmental pollution, incest, taking drugs, not helping a person in danger, homosexuality, abortion, protesting publicly against government
Types of Crimes (5)
- against persons
- against property or habitation
- against public morality
- against public order (victimless)
- against justice& public administration
Four actions which must occur in order to prove a person committed a crime:
- act is committed
- legally forbidden
- intentional behavior
- sanity of the individual
Four types of intent:
- General intent
- Specific intent
- Transferred intent
- Constructive intent
What is general intent?
Criminal liability when the defendant did not intend to bring about particular result
What is specific intent?
Must have the commission of a particular act in mind when committing crime (i.e.: burglary)
What is transferred intent?
intent to harm one victim but harms another in the act
What is constructive intent?
Negligent or reckless behavior
8 possible defenses / excuses to show no criminal intent:
- ignorance or mistake
- age
- intoxication (drugs/alcohol)
- Duress or coercion
- Necessity
- Self defense
- Entrapment
- Insanity
Ignorance or mistake defense:
Only if government fails to make a law public or if a person does not reasonably know goods were stolen (i.e.: sticker on back window of car)
Age defense:
Generally under 7 years old incapable of formulating criminal intent.
From 7-14 must show they knew right from wrong.
Over 14 presumed to be capable of formulating intent
Intoxication defense:
Involuntary can be an excuse (mistake, force, duress)
Duress or coercion defense:
A threat of death of other serious crime may excuse criminal act (i.e. bank employee’s family is kidnapped so they open the vault)
Necessity defense
Applicable only for the lesser evil to avoid greater evil caused by natural forces (i.e. stole car to escape forest fire)
Self defense
Only necessary and reasonable force may be used.
Must be in imminent and immediate danger to death or bodily harm
Must show person could not avoid the danger
Entrapment defense
By agents of the state is a defense if a person is tricked into or persuaded to commit a crime
Insanity defense
May be used when a person lacks the ability to control his or herself because of mental disease or defect
Define Felony
A serious offense punishable by death or imprisonment greater than one year in a federal facility
Define Misdemeanor:
A less serious act that is punishable by a fine or imprisonment for less than a year, usually in jail