Term
| Department of Rehabilitation and Corrections |
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Definition
| ______________________ is designed to fulfill the criminal justice system's objective of providing punishment and rehabilitation of offenders. |
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Definition
| The Term ___________ refers to the power/authority of a parole board to recommend a lessening of the sentence for a convicted defendant. |
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Term
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Definition
| _____________________ prohibits certain forms of conduct by defining crimes and establishing the parameters of penalties. |
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Term
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Definition
| ______________________ regulates the procedure for the enforcement of the substantive criminal law. |
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Definition
| ____________________ refers to the concept that all laws in our society, including the criminal laws, are subordinate to the principles and provisions of the U.S. Constitution. |
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Definition
| ____________ refers to the part of a crime that deals with the intent of the criminal actor. Some examples are "knowingly", "recklessly" and "purposefully". |
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Term
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Definition
| ________________ is a crime punishable by incarceration in a prison, usually for at least a year. It is a more serious crime. |
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Term
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Definition
| ______________________ is a crime punishable by incarceration in a local jail facility, usually for 6 months or less. It is considered a less serious crime. |
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Term
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Definition
| _________________________ is the historical source for many of the concepts involved in our modern day criminal law. |
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Term
| Session Laws/Ohio Revised Code |
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Definition
| The _________________ contains the compilation of legislation that constitutes the substantive criminal law in Ohio. |
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Term
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Definition
| A _________________ is a violation of a statutory duty owed to society, and is punishable by incarceration and/or a fine. |
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Term
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Definition
| _________________ refers to the procedural safeguards necessary to ensure the fundamental fairness of a legal proceeding. |
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Term
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Definition
| A __________________is a type of crime involving investment fraud, often taking advantage of the trust the victims place in the criminal actor. |
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Term
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Definition
| ______________________ refers to the discretionary power of a prosecutor to choose not to proceed in a particular case. |
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Term
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Definition
| ____________________ refers to the constitutional division of authority between the national and state governments |
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Term
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Definition
| __________________ refers to crimes which are thought to be inherently wrong, like murder or robbery. |
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Term
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Definition
| ____________________ refers to crimes that are considered to be criminal merely because the legislature has passed a law making them a crime. |
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Term
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Definition
| ________________ refers to a court's power to declare null and void laws that violate constitutional principles. |
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Term
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Definition
| ___________________ means the act part of a crime. Sometimes it can involve a failure to act. |
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Term
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Definition
| _________________ is a type of possession based on the power and intention to control something, either directly or through another person, even though that item is not found on the person in question. |
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Term
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Definition
| _______________________ are the first ten amendments to the U.S. Constitution and contain many individual liberties that can make a law unconstitutional if the liberties are infringed. |
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Term
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Definition
| _____________________ means an actor's mental purpose to accomplish a particular result beyond the act itself. For example the intent to commit a theft when breaking into a house as required by some burglary statutes. |
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Term
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Definition
| __________________ crime is a crime where the actor does not have to have a particular purpose when they commit the proscribed act. |
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Term
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Definition
| ____________________ crime refers to a crime, like a traffic violation, wherein the legislature has created a criminal offense with no requirement that the state prove a mental element. |
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Term
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Definition
| _________________ are where the U.S. Congress's authority to pass criminal law is often based on. It is unlike a state legislature, that has general police power to make laws to protect the health welfare and morals of the state. |
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Term
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Definition
| _______________ refers to the legal standard by which challanged legislature will be analyzed when the legislation infringes on individual rights. It is a higher standard than the rational basis test. |
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Term
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Definition
| __________________ is a lower standard in which legislation that is not infringing on individual rights are measured before becoming law. |
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Term
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Definition
| _______________ means the mental part of a crime. It refers to the intent with which the criminal actor engages in conduct. |
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Term
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Definition
| ___________________ refers to the crime that occurs when there is an agreement between two or more persons to commit a crime. It usually has an additional element that there must be an overt act taken in the furtherance of the agreed upon crime. |
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Term
| Aggravated Murder/Felony Murder |
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Definition
| _______________________ refers to a homicide committed during the course of committing another felony, like armed robbery. The Felonious act substitutes for the malice aforethought that is usually required of First Degree Murder. |
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Term
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Definition
| ____________________ refers to an intent to commit a crime together with an act taken toward committing the offense. It is referred to as an inchoate offense. |
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Term
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Definition
| _________________ is the highest degree of unlawful homicide usually defined as an unlawful act committed with the premeditated intent to take the life of another person. |
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Term
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Definition
| _______________________ is the crime of unlawfully killing another without malice aforethought. Some states have both "Voluntary" and Involuntary" forms of this crime. |
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Term
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Definition
| ______________ is a crime wherein the common law definition is breaking and entering the dwelling place of another, in the night time with the intent to commit a felony therein. |
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Term
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Definition
| _____________________ In Ohio this is the most serious form of Robbery under the Ohio Revised Code and generally involves a Robbery wherein a deadly weapon or dangours ordnance is used or the infliction of serious physical harm. |
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Term
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Definition
| ______________________ is the name of the common law crime that our modern theft statutes are based on. The elements of it are the wrongful taking and carrying away, of personal property of another, with the intent to permanently deprive. |
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Term
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Definition
| _________________ In Ohio, this refers to the knowing cause or attempt to cause physical harm by means of a deadly weapon, or the knowing cause or attempt to cause serious physical harm. |
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Term
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Definition
| ___________________ was the common law crime of a male having unlawful carnal knowledge of a female by force against her will. Many states have expanded this offense now to allow gender neutral application. |
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Term
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Definition
| ____________________ is the crime in Ohio that consists of causing or attempting to cause physical harm to a family or household member. |
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Term
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Definition
| _________________ refers to legislative attempts to protect the victim of sexual offenses from unwarranted attacks on their reputations and personal lives. |
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Term
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Definition
| _______________ are crimes, like prostitution, gambling and drug related offenses that are said to be crimes against public decency and morality. |
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Term
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Definition
| _____________________ is the constitutionally based test for obscenity when states attempt to make involvement with obscene materials a criminal case. It is a three part test and involves a consideration of community standards. |
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Term
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Definition
| ________________ is the name of the crime in Ohio for drunk driving. It also includes driving under the influence of drugs. |
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Term
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Definition
| _________________ are tests that officers seek to have drivers perform to indicate whether the driver is impaired. Some tests, like the Horizontal Gaze Nystagmus test are thought to have scientifically proven standards. Other tests, like reciting the alphabet backwards don't have standards to evaluate and are often inadmissible. |
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Term
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Definition
| _____________________ is crime that typically involves defendants from the middle or upper socioeconomic strata. This can include investment fraud, tax fraud, money laundering and other such offenses. |
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Term
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Definition
| _____________________ is the crime of disguising illegal income to make it appear to be legitimate. |
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Term
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Definition
| _______________ are more serious than misdemeanors and generally involve the possibility of imprisonment for more than one year upon conviction. |
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Term
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Definition
| __________________ is the doctrine under which courts are empowered to declare null and void laws that violate constitutional principles. |
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Term
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Definition
| _________________ refers to "unripened" or "underdeveloped" offenses and involve activity or steps directed toward the completion of a crime. |
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Term
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Definition
| _____________________ refers to the type of assault, defined in the Ohio Revised Code as causing serious physical harm to another, or causing physical harm to another by means of deadly weapon. |
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Term
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Definition
| The common-law doctrine of following precedent, known as __________________ remains an important component of both the English and American legal system today. |
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Term
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Definition
| ___________________ consists of repeatedly following, watching or harassing another person, often to enforce a relationship. |
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Term
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Definition
| ____________________ is a crime wherein the common law definition is breaking and entering the dwelling place of another, in the night time with the intent to commit a felony therein. |
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Term
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Definition
| ______________ refers to a type of inchoate offense that involves an effort to accomplish a particualr purpose and usually is defined to include the requirement of showing a substantial step. |
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Term
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Definition
| The laws that are put in place to protect the victims of sexual assault from the harassment and embarrassment that can occur in court proceedings are called _________________________. |
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Term
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Definition
| The ____________________, which is contained in the Bill of Rights, ( which of course is part of our constitution ), contains our rights to freedom of expression, religion, and assembly. |
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Term
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Definition
| The term ___________________ refers to the power/authority of a parole board to recommend a lessening of the sentence for a convicted defendant. |
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Term
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Definition
| ___________________ refers to the inchoate offenses of requesting or hiring another to commit an offense. In Ohio that concept is set forth in the Complicity statute and sometimes this phrase refers to the effort to pay for sexual activity with a prostitute. |
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Term
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Definition
| An offense that generally involves using force or a deadly weapon in the commission of a theft offense from a person is called a _____________. In some states, like Ohio, the use of force while fleeing from a theft offense, like a shoplifting, can constitute this offense. |
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Term
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Definition
| In the common law this theft offense involved taking the property of another with the intent to permanently deprive them of it and was called ____________________. It involved the death penalty. |
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Term
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Definition
| _____________________ is a kind of inchoate offense that is generally defined as an agreement to commit an offense and usually includes an overt act as an element of the offense. |
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Term
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Definition
| The __________________ is the constitutionally based test for obscenity when states attempt to make involvement with obscene materials a criminal case. It is a three part test and involves a consideration of community standards. |
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Term
| Beyond a Reasonable Doubt |
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Definition
| The standard of proof, also called burden of proof, in a criminal case is _______________________. |
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Term
| Possession of Criminal Tools |
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Definition
| The crime of being in possession of items with the intent to use them criminally, like having a flashlight and a screwdriver while hanging around the outside of houses in the night is called _____________________________. |
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Term
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Definition
| ____________________ is the highest classification of homicide. It contemplates a true "intent to kill" and usually requires proof of either malice aforethought or premeditation. |
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Term
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Definition
| A ______________________ is a device that is used in OVI/DUI type cases to determine the alcohol content of a person's breath. |
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Term
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Definition
| __________________ refers to a standard of judicial review that is applied to laws that infringe on our fundamental rights, and is more stringent standard than is applied to laws that do not infringe on our rights. |
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Term
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Definition
| In Ohio the act of knowingly presenting a bad check, knowing it will be dishonored, can be the basis for many charges, including ______________________ and theft and forgery. |
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Term
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Definition
| _________________ refers to the crime that occurs when an accused was engaged in the commission of a felony and a homicide occurred. The felonious act was seen to take the place of the requirement of malice aforethougth. |
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Term
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Definition
| A __________________ is a crime that is motivated by hatred against a racial, religious or other such group. Some states charge these as specific substantive offenses and other states use this factor to enhance the penalty of a crime. |
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Term
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Definition
| _____________________ refers to the Crime of Operating a vehicle while impaired. In some states they are called DUI or DUBAL. |
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Term
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Definition
| Every crime involves a wrongful act, referred to as the ______________ of a crime, which is the act specifically prohibited by the criminal law. |
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Term
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Definition
| While the modern treatment of this crime involves gender neutral definitions and expanded types of activity, in the common-law this was defined as a male having unlawful carnal knowledge of a female by force and against her will and was called _______________. |
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Term
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Definition
| ________________ refers to the crime of being married to two people at the same time. |
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Term
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Definition
| A homicide that occurs that is based in part on serious provocation occasioned by the victim is called __________________________. |
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Term
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Definition
| __________________________ are tests done by officers to help them determine if a person is impaired by alcohol and are used in DUI type prosecutions. |
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Term
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Definition
| _____________________ refers to the procedural safeguards necessary to ensure the fundamental fairness of a legal proceeding. |
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Term
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Definition
| The mental element of a crime, for example, acting knowingly, or purposely, is generally referred to as the ___________________. |
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Term
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Definition
| _______________________ comes from the Latin vitium and is associated with a number of crimes traditionally classified as offenses against public decency or morality. |
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Term
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Definition
| __________________is a type of possession that is present when an illegal item is found, not on a person, but near them and under their control, like when drugs found in the console of a car are the basis for a Possession charge for the driver. |
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Term
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Definition
| The _________________ is the branch of our government that defines the elements of crimes. |
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Term
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Definition
| ________________ refers to the intent to do an act, but not necessarily to cause the results that occur from the act, which is in contrast to a specific intent crime, which refers to an actor's mental purpose to accomplish a particular result. |
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Term
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Definition
| Prosecutors have very broad discretion to proceed or not proceed with cases and when they decide not to proceed, it is referred to as ________________________. |
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Term
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Definition
| ______________________ is the crime of disguising illegal income to make it appear legitimate. |
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Term
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Definition
| An __________________ is a person who aids, abets and encourages another to commit a crime. In the common law he would be contrasted with a principal, who is the main actor in a crime. |
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Term
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Definition
| The constitutional divison of authority between the national and state governments is called ________________. |
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Term
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Definition
| ____________________ are modern type offenses where the perpetrators typically come from the middle and upper socioeconomic strata of society. |
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Term
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Definition
| _________________ crimes are crimes like murder, rape and robbery which are considered to be evil in and of themselves, as compared to crimes that are mala prohibita, meaning the acts are not necessarily inherntly evil. |
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Term
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Definition
| _____________________ refers to the concepts that the constitution is the supreme law of the land, and its protection of our rights is the ultimate authority of our law. |
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Term
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Definition
| The theft or misappropriation of personal indentifying information and documents is referred to as ____________________. |
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Term
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Definition
| In Ohio, when the crime of Robbery is committed with the use of a Deadly Weapon the crime is elevated in seriousness and is called an _____________________. |
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Term
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Definition
| In an attempt case it is often required that the person take a _____________________ towards the commission of the offense. This requirement is thought to be necessary so that a person in not convicted just for thinking about committing a crime. |
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Term
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Definition
| Many crimes defined as criminal offenses by the U.S. Congress are justified constitutionally on the ground that the offense falls within the U.S. Congress's enumerated power to regulate ______________________. |
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Term
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Definition
| ____________________ stands for Racketeer Influenced and Corrupt Organizations and is a fereral law that is often used against organized crime. |
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Term
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Definition
| In a First Degree Murder case, it is often required that the defendant act with prior calculation and design, or __________________ which generally refers to a specific purpose and plan to cause the death of another. |
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Term
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Definition
| In Ohio, when the crime of Burglary is committed and the perpetrator has deadly weapon on or about their person the crime is elevated in seriousness and is called an _______________________. |
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Term
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Definition
| ____________________ is the case that set forth the rule that before a statement can be used against a defendant, if they are in custody and being interrogated when they give the statement, they must be first advised of their rights to remain silent and to have an attorney present. |
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Term
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Definition
| A ____________ occurs when government agents look for evidence in a manner that intrude into a person's legally protected zone of privacy. |
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Term
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Definition
| ___________________ are searches at entrance points to our country and do not have to be based on probable cause. |
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Term
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Definition
| The ____________________ is a doctrine that says that open fields near a house and the curtilage are not protected by the Fourth Amendment. That means the police do not have to a warrant to search those areas. |
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Term
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Definition
| A ______________________ occurs when a defendant voluntarily agrees and consents to give up a constitutional right, like agreeing that they can be searched, or agreeing to speak to the police without an attorney present. |
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Term
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Definition
| _____________________ is the exception to the exclusionary rule that was first created in the Leon case. Its strict reading would say that the exclusionary rule is not going to be enforced where the police in good faith executed a search warrant where that warrant is later determined to have been issued without enough probable cause evidence. |
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Term
| Reasonable Articulable Suspicion |
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Definition
| _______________________ is the constitutional standard by which an investigatory stop, also referred to as a Terry stop, will be considered. |
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Term
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Definition
| __________________ is the constitutional standard by which an arrest will be considered. This standard also is used in other areas of legal analysis, like when a case is presented to a court in a preliminary hearing or when a warrantless search is conducted. |
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Term
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Definition
| The ________________________ is a judicially created rule that prohibits the use of illegally obtained evidence in a criminal prosecution of the person whose rights were violated when the police obtained that evidence. |
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Term
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Definition
| _________________________ is the procedural vehicle that is used to challenge evidence, pre trial, when a constitutional violation is suspected. |
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Term
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Definition
| ___________________ refers to an exception to the warrant requirement for searches that occurs when the police are lawfully where they are allowed to be and see an item in their view and that is obviously criminally connected. |
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Term
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Definition
| _____________________ refers to the privacy interest protected by the fourth amendment. |
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Term
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Definition
| The __________________ is the enclosed space of ground surrounding a dwelling and it is protected by the Fourth Amendment. That means that before the police can search that area, they have to have a warrant or be within an exception to the search warrant requirement. |
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Term
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Definition
| _________________ refer to a method of identification in which a witness is shown a group of photos in order to make an identification of a suspect. |
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Term
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Definition
| A _______________ takes place when agents take possession or control of property or persons. |
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Term
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Definition
| ____________________ is the name of the Defense, raised pre trial by way of motion, that relies on our constitutional right not to be tried twice for a charge we are found not guilty of once. |
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Term
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Definition
| _________________ occurs when the government is said to put the thought of the crime in the defendant's mind. It is not present where all the government does is give the defendant an opportunity to commit a crime he or she was willing to commit anyway. |
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Term
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Definition
| _____________________ refers to a defendant's claim that others have committed the same offense and have not been prosecuted. It is usually not a good defense. It can be a valid defense if a defendant can prove an impermissible ground, like religious discrimination, for the prosecution. |
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Term
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Definition
| _____________ means viewed from standpoint of a reasonable person. |
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Term
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Definition
| _______________ means viewed from the standpoint of a particular defendant. |
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Term
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Definition
| An ___________________ is a defense that is a new matter, relied on as an excuse or justification for a criminal act. The defendant often has the burden of proof on these defenses. An example would be self defense in an assault case. |
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Term
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Definition
| A ____________________ is the most common defense is a criminal case. It relies on the difficulty a procsecutor often has to prove matter beyond a reasonable doubt. |
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Term
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Definition
| The defense of _____________ means that the defendant is claiming not to have been present at the location and time of the crime. The Defendant usually has to give prior written notice of intent to use this defense. |
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Term
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Definition
| The defense of _______________ is often attempted with regard to sexually related crimes where force is an element of the offense. |
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Term
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Definition
| _________________ is the plea that a defendant will make if he or she wishes to claim that they were insane at the time of the incident. To prevail on this defense, they usually have to show that they were unable to know the difference between right and wrong. Expert testimony is the preferred way of asserting this defense. |
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Term
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Definition
| __________________ is where a Judge asks each juror, on the record, if the verdict as read by the foreperson and Judge is in fact their verdict. |
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Term
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Definition
| ________________ is the constitutional protection that we have to be informed of the nature of any criminal charges we have against us and to have the opportunity to contest those charges at a trial. |
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Term
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Definition
| ________________ refers to the proceeding, required in states where there are no Preliminary Hearings, wherein a Prosecutor presents evidence to show that there is in fact Probable Cause to formally bring a charge. The Defendant does not have the right to be present at this proceeding. This procedural step can take place in addition to the Preliminary Hearing in some states. |
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Term
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Definition
| An ________________ is a formal charging document issued by the Grand Jury. |
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Term
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Definition
| __________________ literally means to tell the truth and is the name of the phase of a trial herein a jury is selected. |
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Term
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Definition
| In a trial, _______________ evidence is evidence, like proof of bias or proof of prior inconsistent statements, that is not directly relevant to the charges in the case, but are relevant to the determination of the credibility of the witness. |
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Term
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Definition
| _________________ refers to the constitutional right of a defendant to have the state subpoena and serve witnesses on the behalf of the defendant. |
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Term
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Definition
| An _________________ is the procedural step of a criminal case wherein after an indictment is issued a defendant appears in court, is notified of the charges against them, formally enters a plea, and is appointed a court appointed lawyer if they are indigent and cannot afford an attorney. |
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Term
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Definition
| A ___________________________ is a hearing, held at the beginning of a criminal case, wherein a Judge will review a charge to determine whether there is probable cause to support the charge. In some states, like Ohio, after this stage the matter is referred to a Grand Jury. |
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Term
| Motion for Directed Verdict |
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Definition
| ____________________________ is the motion made at the end of the States case, wherein a defendant is asking the court to dismiss charges because the evidence is so weak that no reasonable jury could find on behalf of the state. |
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Term
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Definition
| ______________ this occurs where a trial court grants a new trial to a defendant. |
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Term
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Definition
| ______________ is the conditional release of a convicted offender by the trial court. |
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Term
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Definition
| __________________ refers to the sentences whereby offenders are required to perform a specified number of hours of service to the community doing specified tasks. |
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Term
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Definition
| _________________ is where a defendant has more than one case or charge they are being sentenced on, and the time for each runs at the same time. |
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Term
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Definition
| _________________________ is a report, usually prepared by the Probation department, that contains information, like witness statements, defendant's criminal history, and family background for the Judge to use in making a sentencing decision. |
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Term
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Definition
| __________________ is where a defendant has more than one case or charge they are being sentenced on and the time for each runs one after the other. |
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Term
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Definition
| ___________________ is the return of a sum of money, or object of value that the defendant wrongfully obtained in the commission of a crime. |
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Term
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Definition
| _______________ are volumes of books wherein the decisions of the Court of Appeals are published so they can be located and used as procedent. |
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Term
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Definition
| _____________________ is a sentence imposed by the court does not have to be served. It is often a condition that probation or some other sanction is imposed. |
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Term
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Definition
| ____________________ after trial and appeals are over, this is a mechanism by which a defendant can request that a court review his conviction. This is usually sought in federal court, by use of a Writ of Habeas Corpus and is very complex procedurally. |
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Term
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Definition
| ________________________ is the typed record of the proceeding in the lower court. The Court of Appeals uses this along with the brief of the parties, and oral arguments to decide appellate cases. |
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Term
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Definition
| __________________ are the written statement of facts and arguments of law filed by the lawyers that contain there arguments on appeal. |
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Term
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Definition
| ________________________ refers to the right of a Supreme Court to accept or refuse an appeal from the Court of Appeals decision. |
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Term
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Definition
| A defendant who is convicted has a right to file an appeal of his conviction to the appellate court. This is referred to as an ____________________________. |
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Term
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Definition
| ____________________________ is a point raised on appeal as a suggested basis for reversal of a trial court's decision or judgment. |
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Term
| In most states an accomplice can be sentenced to the same penalty as the principal actor in a crime. |
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Definition
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Term
| In Ohio, what was formerly called an "accessory after the fact" is now pursued as a separate new charge, usually called Obstruction of Official Business or Obstruction of Justice. |
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Definition
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Term
| Flag burning has always been considered to be a crime, punishable by a fine or imprisonment or both. |
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Definition
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Term
| In many states the statutory scheme for the crime of theft involves escalating the penalty based on the dollar amount involved or the type of item involved. |
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Definition
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Term
| Menacing by Stalking is unconstitutional because it violates a persons freedon of speech and freedom of association. |
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Definition
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Term
| Sexual related offenses often involve attempts to protect children and young people through the definitions of the various offenses. |
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Definition
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Term
| A hate crime can often be prosecuted under an underlying offese, like Assault or Aggravated Menacing or under special statutes that make hate crimes of separate offense. |
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Definition
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Term
| Theft related offenses are abundant in most legislative schemes. Some suggest this is so because of the high value our society places on the accumulation of personal property. |
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Definition
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Term
| In Ohio Passing Bad Checks is not, in and of itself, a separate offense. |
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Definition
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Term
| Most burglary statues have expanded what can be considered to be the "dwelling place" that is one of the essential elements of Burglary. |
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Definition
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Term
| The crime of Mayhem is said to be the "Prosecutor's Darling" because the commercial depiction of "Mayhem" is 100% on point with the common law definition of the crime. |
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Definition
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Term
| RICO is the acronym for the federal legislation that is directed at organized crime. Prosecution under this statute looks for a pattern of corrupt activity. |
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Definition
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Term
| A Breathylzer or BAC Datamaster are the name of breath/alcohol measuring devices. They are used to prove per se violations of drunk driving charges, where the offense is said to be driving with a breath or blood alcohol concentration over a listed limit. Note that for this crime, bad driving is not an element. |
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| Corporations cannot actually be convicted of crimes because they are not actually people. |
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| Idenity theft is defined as the theft or misappropriation of personal identifying information and documents. It is a crime made easier for defendants to commit because of the ease with which such information can be obtained over the internet. |
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| Incest, while morally wrong, is not a crime. |
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| Drug related offenses are often enhanced as to their penalties based on factors like prior convictions, large amounts involved, and proximity of the alleged offense to a school and/or juveniles. |
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| If a corporation is found guilty of a crime, then the individuals involved cannot be prosecuted due to double jeopardy. |
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| Insider trading is a crime involving the sale or purchase of securities. Usually the SEC investigates this crime. |
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| Involuntary Intoxication can be a defense although it is rare. |
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| Voluntary Intoxication is never a defense. Period. |
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| Self Defense is usually concerned with the reasonbleness of the fear and the reasonableness of the response to the fear. |
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| All the states are uniform in regards to what defenses are allowed and as to the elements of those defenses. |
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| "The gun went off accidentally" is a factual defense that is often difficult to win with because all of the circumstances of the incident often allow the state to prove mens rea, which is what the defense is concerned with. |
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| A citation is one way criminal charges can be brought against a defendant. Other ways of charging include summons and Indictments. |
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| A Plea Bargain is relatively rare in criminal cases, most of which are resolved by jury trial. |
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| A motion for a change of venue is often filed in high publicity cases wherein a defendant is concerned that jurors may have already made up their minds as to guilt. |
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| The rules of Criminal Procedure call for the exact same steps to be taken in all cases, regardless of the seriousness of the case, and can not vary from state to state. |
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| Discovery is a method whereby a defendant can find out before a trial what the evidence is that the prosecutor will use against them. |
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