Quiz 5 Review Flashcards

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1
Q

Homicide

A

The killing of another person. Can be criminal or non-criminal.

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143
Q

Define:

actus reus

A

A “wrongful act” that, combined with other necessary elements of crime, constitutes criminal liability

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151
Q

Define:

assault

A

the attempt or threat to inflict bodily injury upon another person

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157
Q

Define:

battery

A

the unlawful use of force against another person that entails some injury or offensive touching

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161
Q

Define:

burglary

A

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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171
Q

Define:

conspiracy

A

the crime of two or more persons agreeing or planning to commit a crime. Distinct from the target crime.

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176
Q

Define:

criminal intent

A

a necessary element of a crime–the evil design associated with the criminal act

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193
Q

Define:

felonies

A

a serious crime for which a person may be incarcerated for more than one year

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194
Q

Define:

felony murder

A

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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206
Q

Define:

inchoate defense

A

an offense preparatory to committing another crime. includes attempt, conspiracy and solicitation

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208
Q

Define:

insanity

A

a degree of mental illness that negates the legal capacity or responsibility of the affected person

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215
Q

Define:

mala in se

A

“evil in itself”. Refers to crimes such as murder that are universally condemned

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216
Q

Define:

mala prohibita

A

“Prohibited evil.” Refers to crimes that are wrong primarily because the law declares them to be wrong.

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221
Q

Define:

mens rea

A

guilty mind, criminal intent

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222
Q

Define:

misdemeanors

A

a minor offense usually punishable by fine or imprisonment for less than a year

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225
Q

Define:

M’Naghten Rule

A

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

244
Q

Define:

proximate cause

A

the cause that is nearest a given effect in a causal relationship

248
Q

Define:

recidivism

A

repetitive criminal activity

256
Q

Define:

robbery

A

the crime of taking money or property from a person against that person’s will by means of force

259
Q

Define:

self-defense

A

the protection of one’s person against an attack

260
Q

Define:

solicitation

A

the crime of offering someone money or other thing of value in order to persuade that person to commit a crime

264
Q

Define:

statute of limitations

A

a law proscribing prosecutions for specific crimes after specified periods of time

265
Q

Define:

strict-liability offenses

A

doctrine of law whereby liability is imposed upon a party irrespective of that party’s fault