Quiz 5 Review Flashcards
Homicide
The killing of another person. Can be criminal or non-criminal.
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actus reus
A “wrongful act” that, combined with other necessary elements of crime, constitutes criminal liability
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assault
the attempt or threat to inflict bodily injury upon another person
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battery
the unlawful use of force against another person that entails some injury or offensive touching
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burglary
at common law the crime of breaking and entering a house at night with the intent to commit a felony therein. Frequently consists of breaking and entering a structure or conveyance at any time with the intent to commit any offense therein.
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conspiracy
the crime of two or more persons agreeing or planning to commit a crime. Distinct from the target crime.
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criminal intent
a necessary element of a crime–the evil design associated with the criminal act
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felonies
a serious crime for which a person may be incarcerated for more than one year
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felony murder
a homicide committed during the course of committing another felony other than murder (eg armed robbery). The felonious act substitutes for malice aforethought ordinarily required in murder
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inchoate defense
an offense preparatory to committing another crime. includes attempt, conspiracy and solicitation
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insanity
a degree of mental illness that negates the legal capacity or responsibility of the affected person
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mala in se
“evil in itself”. Refers to crimes such as murder that are universally condemned
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mala prohibita
“Prohibited evil.” Refers to crimes that are wrong primarily because the law declares them to be wrong.
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mens rea
guilty mind, criminal intent
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misdemeanors
a minor offense usually punishable by fine or imprisonment for less than a year
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M’Naghten Rule
Under this rule, for a defendant to be found not guilty by reason of insanity, it must be clearly proved that, at the time of committing the act, the defendant was suffering such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know what he was doing was wrong
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proximate cause
the cause that is nearest a given effect in a causal relationship
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recidivism
repetitive criminal activity
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robbery
the crime of taking money or property from a person against that person’s will by means of force
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self-defense
the protection of one’s person against an attack
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solicitation
the crime of offering someone money or other thing of value in order to persuade that person to commit a crime
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statute of limitations
a law proscribing prosecutions for specific crimes after specified periods of time
Define:
strict-liability offenses
doctrine of law whereby liability is imposed upon a party irrespective of that party’s fault
