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Law Education > unit two test review > Flashcards

unit two test review Flashcards

1
Q

crime

A

something one does or doesn’t do that is a violation of law

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2
Q

incarceration

A

imprisonment by the government

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3
Q

community policing

A

a strategy where the community works with law enforcement to lessen crime in their area

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4
Q

drunk driving (DUI/DWI)

A

driving while impaired

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5
Q

implied consent law

A

an unwritten agreement to submit to forms of interrogation or searches, in exchange for certain privileges

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6
Q

recidivist

A

repeat offenders

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7
Q

restitution

A

how people that are convicted of crime pay back society (not specifically money/fine)

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8
Q

actus reus

A

guilty act

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9
Q

causes of crime

A

poverty, lack of education, unemployment, abuse of alcohol/drugs

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10
Q

state of mind

A

what one is thinking

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11
Q

mens rea

A

guilty mind

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12
Q

motive

A

person’s reason for performing the act

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13
Q

strict liability

A

do not require a guilty state of mind, as the act itself is criminal

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14
Q

statutory rape

A

having intercourse with an underage partner, even if the perpetrator believes the partner is not minor

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15
Q

elements

A

each element must be proven at trial in order to convict

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16
Q

principal

A

person who commits the crime

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17
Q

accomplice

A

person who helps them

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18
Q

accessory before the fact

A

a person who helps but is not there for the crime

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19
Q

accessory after the fact

A

a person who, knowing the crime has been committed, helps the principal/accomplice get away with it

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20
Q

crimes of omisson

A

one fails to perform an act required by a criminal law, if the person is able to perform this act

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21
Q

inchoate crimes

A

actions done prior to the crime (conspiracy, solicitation)

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22
Q

solicitation

A

to ask, command or urge another to commit a crime

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23
Q

attempt

A

when someone performs all elements of a crime, but fails to achieve a criminal result, this has occurred

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24
Q

conspiracy

A

an agreement between two or more persons to commit a crime

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25
Q

overt act

A

an act that is open to view

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26
Q

homicide

A

the killing of a human being by another

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27
Q

malice

A

having the intent to kill/seriously harm another person (ill will. deliberate attempt to harm)

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28
Q

1st degree murder

A

act of killing that is premeditated

29
Q

felony murder

A

any killing that takes place during the omission of certain felonies such as arson, rape, etc

30
Q

2nd degree murder

A

killing that is done with malice, but not premeditated. intentional but spontaneous

31
Q

voluntary manslaughter

A

is killing that could be otherwise seen as murder but that occurs after the victim has done something to the killer to provoke them

32
Q

involuntary manslaughter

A

no intent to kill at all. resulting from conduct so reckless it causes extreme danger or death/bodily injury

33
Q

negligent homicide

A

causing death through criminal negligence (gross/extreme negligence)

34
Q

negligence

A

failure to exercise a reasonable or ordinary amount of care in a situation

35
Q

non criminal homicide

A

killings committed in defense of oneself or another. (line of duty, war, etc)

36
Q

assault

A

any attempt or threat to carry out a physical attack on another person (the threat)

37
Q

battery

A

any unlawful physical contact inflicted by one person upon another without consent (the auctual harm)

38
Q

rape

A

sexual penetration without consent

39
Q

statutory rape

A

intercourse with someone under the age of consent (16 in IN)

40
Q

acquaintance rape (date rape)

A

sexual assault by someone known to the victim

41
Q

arson

A

willful and malicous burning of a person’s property

42
Q

vandalism

A

willful destruction of, or damage to the property of another

43
Q

larceny

A

unlawful taking and carrying away of the property of another person against that person’s will

44
Q

shoplifiting

A

form of larceny crime of taking items from a store without paying/intent to pay for them

45
Q

concealment

A

crime of attempted shoplifting

46
Q

embezzlement

A

unlawful taking of property by someone to whom it was entrusted

47
Q

robbery

A

unlawful taking of property from a person’s immediate possession by force/intimidation

48
Q

extortion

A

blackmail, use of threats to obtain the property of another.

49
Q

burlgary

A

unauthorized entry into any structure with the intent to commit a crime

50
Q

forgery

A

person falsely makes or alters a writing or document with intent to defraud (creating)

51
Q

uttering

A

offering to someone a document as genuine although it is known to be a fake (using)

52
Q

receiving stolen property

A

if you receive/buy property that is implied/known to be stolen, you have committed this crime

53
Q

unauthorized use of a vehicle

A

person unlawfully takes a motor vehicle without consent

54
Q

carjacking

A

if a person uses force/intimidation to steal a car from a driver

55
Q

cybercrime

A

wide range of actions that involve computers/computer networks (spamming, phishing, etc)

56
Q

what is required of prosecutor

A

establish beyond a reasonable doubt that the defendant committed the crime with intent. the burden of proof rests with the state.

57
Q

what is required of a defendant and their attorney

A

nothing is required, within reason

58
Q

no crime has been committed

A

no criminal act was committed/no criminal intent

59
Q

defendant did not commit the crime (alibi)

A

evidence that the defendant was somewhere else at the time of the crime

60
Q

DNA evidence

A

connect an offender conclusively to a crime

61
Q

self-defense

A

reasonable force

62
Q

defense of property and/ or others

A

defending one’s property from theft, destruction, or trespass. defendant has a reasonable belief that they are in danger.

63
Q

infancy

A

legal defense for a person considered not yet legally responsible for his/her actions. incapable of committing a crime. most states set it at 6-7yo

64
Q

intoxication

A

usually involving involuntary intoxication “spiked drink”

65
Q

insanity (guilty but mentally ill)

A

people who have a mental disease/disorder and don’t know right from wrong and can’t be convicted (equivalent to a guilty ruling)

66
Q

entrapment

A

an act by police to persuade a person to commit a crime that they wouldn’t normally commit. can be a valid defense to a criminal charge. if proven must originate with police, providing an opp is not entrapment. preponderance of the evidence is often used.

67
Q

duress

A

unlawful pressure on a person to do something that they would not otherwise do

68
Q

necessity

A

defense to a criminal charge that shows a just/lawful reason for the defendant’s conduct. (not homicide)

69
Q

different interpretations to the 2nd amendment

A

protection against government attempts to ban/regulate firearms
should protect a state’s right to maintain a militia but not protect individuals against government attempts to legislate

Law Education (4 decks)

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