unit two test review Flashcards
crime
something one does or doesn’t do that is a violation of law
incarceration
imprisonment by the government
community policing
a strategy where the community works with law enforcement to lessen crime in their area
drunk driving (DUI/DWI)
driving while impaired
implied consent law
an unwritten agreement to submit to forms of interrogation or searches, in exchange for certain privileges
recidivist
repeat offenders
restitution
how people that are convicted of crime pay back society (not specifically money/fine)
actus reus
guilty act
causes of crime
poverty, lack of education, unemployment, abuse of alcohol/drugs
state of mind
what one is thinking
mens rea
guilty mind
motive
person’s reason for performing the act
strict liability
do not require a guilty state of mind, as the act itself is criminal
statutory rape
having intercourse with an underage partner, even if the perpetrator believes the partner is not minor
elements
each element must be proven at trial in order to convict
principal
person who commits the crime
accomplice
person who helps them
accessory before the fact
a person who helps but is not there for the crime
accessory after the fact
a person who, knowing the crime has been committed, helps the principal/accomplice get away with it
crimes of omisson
one fails to perform an act required by a criminal law, if the person is able to perform this act
inchoate crimes
actions done prior to the crime (conspiracy, solicitation)
solicitation
to ask, command or urge another to commit a crime
attempt
when someone performs all elements of a crime, but fails to achieve a criminal result, this has occurred
conspiracy
an agreement between two or more persons to commit a crime
overt act
an act that is open to view
homicide
the killing of a human being by another
malice
having the intent to kill/seriously harm another person (ill will. deliberate attempt to harm)
1st degree murder
act of killing that is premeditated
felony murder
any killing that takes place during the omission of certain felonies such as arson, rape, etc
2nd degree murder
killing that is done with malice, but not premeditated. intentional but spontaneous
voluntary manslaughter
is killing that could be otherwise seen as murder but that occurs after the victim has done something to the killer to provoke them
involuntary manslaughter
no intent to kill at all. resulting from conduct so reckless it causes extreme danger or death/bodily injury
negligent homicide
causing death through criminal negligence (gross/extreme negligence)
negligence
failure to exercise a reasonable or ordinary amount of care in a situation
non criminal homicide
killings committed in defense of oneself or another. (line of duty, war, etc)
assault
any attempt or threat to carry out a physical attack on another person (the threat)
battery
any unlawful physical contact inflicted by one person upon another without consent (the auctual harm)
rape
sexual penetration without consent
statutory rape
intercourse with someone under the age of consent (16 in IN)
acquaintance rape (date rape)
sexual assault by someone known to the victim
arson
willful and malicous burning of a person’s property
vandalism
willful destruction of, or damage to the property of another
larceny
unlawful taking and carrying away of the property of another person against that person’s will
shoplifiting
form of larceny crime of taking items from a store without paying/intent to pay for them
concealment
crime of attempted shoplifting
embezzlement
unlawful taking of property by someone to whom it was entrusted
robbery
unlawful taking of property from a person’s immediate possession by force/intimidation
extortion
blackmail, use of threats to obtain the property of another.
burlgary
unauthorized entry into any structure with the intent to commit a crime
forgery
person falsely makes or alters a writing or document with intent to defraud (creating)
uttering
offering to someone a document as genuine although it is known to be a fake (using)
receiving stolen property
if you receive/buy property that is implied/known to be stolen, you have committed this crime
unauthorized use of a vehicle
person unlawfully takes a motor vehicle without consent
carjacking
if a person uses force/intimidation to steal a car from a driver
cybercrime
wide range of actions that involve computers/computer networks (spamming, phishing, etc)
what is required of prosecutor
establish beyond a reasonable doubt that the defendant committed the crime with intent. the burden of proof rests with the state.
what is required of a defendant and their attorney
nothing is required, within reason
no crime has been committed
no criminal act was committed/no criminal intent
defendant did not commit the crime (alibi)
evidence that the defendant was somewhere else at the time of the crime
DNA evidence
connect an offender conclusively to a crime
self-defense
reasonable force
defense of property and/ or others
defending one’s property from theft, destruction, or trespass. defendant has a reasonable belief that they are in danger.
infancy
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
intoxication
usually involving involuntary intoxication “spiked drink”
insanity (guilty but mentally ill)
people who have a mental disease/disorder and don’t know right from wrong and can’t be convicted (equivalent to a guilty ruling)
entrapment
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.
duress
unlawful pressure on a person to do something that they would not otherwise do
necessity
defense to a criminal charge that shows a just/lawful reason for the defendant’s conduct. (not homicide)
different interpretations to the 2nd amendment
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
