Term
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Definition
| liability that attaches for participation before and during a crime |
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Term
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Definition
| liability that attaches for participation after crimes are committed |
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Term
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Definition
| liability that is imposed for someone else's acts, transfers actus reus and mens rea from one person to another, because of their relationship |
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Term
| Types of Liability for Parties to a Crime (3) |
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Definition
1. Accomplice Liability
2. Accessory Liability
3. Vicarious Liability |
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Term
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Definition
| participants before and during the commission of crimes |
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Term
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Definition
| participants after crimes are committed, usually a misdemeanor |
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Term
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Definition
| an agreement to commmit some other crime |
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Term
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Definition
| rule that states that the crime of conspiracy and the crime the conspirators agree to commit are separate offenses |
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Term
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Definition
| defendant took some positive act in aid of the commission of the offense |
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Term
| acts that qualify for accomplice actus reus (5) |
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Definition
1. Providing Guns, supplies, or other instruments of crime
2. Serving as a lookout
3. Driving a getaway car
4. Sending the victim to the principal
5. Preventing warnings from getting to the victim |
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Term
| parental responsibility statutes |
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Definition
| different from vicarious liability statutes because they are based on the parents' acts and omissions, not on the parent child relationship |
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Term
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Definition
| rule that states that a person's presence at the scene of a crime doesn't by itself satisfy the actus reus requirement of accomplice liability |
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Term
| Inchoate Crimes (3 Types) |
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Definition
means "to begin" crimes that satisfy the mens rea of purpose or specific intent and the actus reus of taking some steps toward accomplishing the criminal purpose--but not enough steps to complete the intended crime, types include
1. Criminal Attempts
2. Criminal Conspiracy
3. Criminal Solicitation |
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Term
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Definition
| trying to commit crimes but failing to complete them |
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Term
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Definition
| making agreements to commit crimes |
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Term
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Definition
| trying to get someone else to committ a crime |
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Term
| Dangerous Person rationale |
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Definition
| concentrates on how fully defendants have developed their intent to commit their crime |
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Term
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Definition
| a single statute that applies to the attempt to commit any crime in the state's criminal code |
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Term
| Specific Attempt Statutes |
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Definition
| separate statutes that define attempts in terms of specific crimes in the criminal code, such as attempted murder, attempted robbery, and attempted rape--crimes that involved a specific intent |
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Term
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Definition
| the specific intent to commit a crime |
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Term
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Definition
| rule that says taking some steps toward completing a crime |
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Term
| MPC Substantial Steps Test |
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Definition
| test that requires that attempters take enough steps toward completing the crime to prove that they're determined to commit it |
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Term
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Definition
| occurs when actors intend to commit crimes, and do everything they can to carry out their criminal intent, but the criminal law doesn't ban what they did. Ex)someone thought they were receiving stolen goods that ended up being legally purchased |
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Term
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Definition
| occurs when actors intend commit a crime and try to but it's physically impossible because some fact or circumstance unknown to them interrupts or prevents the completion of the crime. Ex)trying to kill someone who was already dead |
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Term
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Definition
| a "stroke of luck" namely, a circumstance beyond the attempter's control that prevents the completion of the crime |
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Term
| Voluntary Abandonment/Renunciation Defense |
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Definition
| defendants who voluntarily and completely renounce their criminal purpose can avoid criminal liability |
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Term
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Definition
consists of two parts
1) an agreement to commit a crime and
2) an overt act in furtherance of the agreement |
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Term
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Definition
| pattern of illegal activity (such as extortion and murder) carried out in the furtherance of an enterprise owned or controlled by those engaged in the activity |
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Term
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Definition
| the crime of trying to get someone else to commit a crime |
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Term
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Definition
| acts that include some kind of inducement to commit the solicited crime |
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Term
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Definition
| requires words that convey that their purpose is to get someone to commit a specific crime |
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Term
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Definition
| the rule that to be a person, and therefore a homicide victim, a baby had to be "born alive" and capable of breathing and maintaining a heartbeat on its own |
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Term
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Definition
| killing a person with "malice aforethought" |
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Term
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Definition
| killing a person without malice aforethought |
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Term
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Definition
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Term
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Definition
| killings done by someone "not of sound memory and discretion" |
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Term
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Definition
| all homicides that are neither justified nor excused |
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Term
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Definition
| originally the mental state of intentional killing, with some amount of spite, hate, or bad will, planned in advance of the killing |
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Term
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Definition
| extremely reckless killings |
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Term
| Intent to Cause Serious Bodily Injury Murder |
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Definition
| no intent to kill is required when a victim dies following acts triggered by teh intent to inflict serious bodily injury short of death |
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Term
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Definition
| bodily injury that involves a substantial risk of death; protracted unconsciousness, extreme physical pain, protracted or obvious disfigurement, or protracted loss of substantial impairment of a function of a bodily member, organ, or mental faculty |
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Term
| Express Malice Aforethought |
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Definition
| killings that fit the original menaing of "murder"--intentional killings planned in advance |
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Term
| Implied Malice Aforethought |
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Definition
| intentional killings without premeditation or reasonable provocation; unintentional killings during the commission of felonies; depraved heart killings; and intent to inflict grievous bodily harm killings |
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Term
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Definition
| the act of killing by poisoning, striking, starving, drowning, and a thousand other forms by which human nature can be overcome |
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Term
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Definition
| can include purposeful knowing, or reckless killing |
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Term
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Definition
| consists of 1) premedidated, deliberate intent to kill murders and 2) felony murders; the only crime today in which the death penalty can be imposed |
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Term
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Definition
| Death penalty cases in death penalty states and "mandatory life sentence without parole" cases in non-death penalty states |
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Term
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Definition
| requirement that teh death penalty decsion be made in two phasees: a trial to determine guilt and a second separate proceeding, after a finding of guilt, to consider teh aggravating factors and mitigating factors for and against capital punishment |
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Term
| List of aggravating circumstances |
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Definition
1. The murder was committed by a convict under a sentence of imprisonment
2.The defendant was perviously convicted of another murder or of a felony involving the use or threat of violence to the person
3. At the time of the murder, the defendant also committed another murder
4. The defendant knowingly created a great risk of death to many persons
5. The murder was committed while the defendant was engaged or was an accomplice in the commission , or an attempt to commit, or flight after committing or attempting to commit, robbery, rape, or deviant sexual intercourse by force or threat of force, arson, burglary, or kidnapping
6. The murder was committed for the purpose of avoiding or preventing a lawful arrest or affecting an escape from lawful custody
7. The murder was cmomitted for pecuniary gain
8. The murder was especially heinous, atrocious, or cruel, manifesting exceptional depravity |
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Term
| List of mitigating factors |
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Definition
1. The defendant has no significant history of criminal activity
2. The murder was committed while the defendant was under the influence of extreme mental or emotional disturbance
3. The victim was a participant in the defendant's homicidal conduct or consented to the homicidal act
4. The murder was committed under the circumstances that th defendant believed to provide a moral justification or extenuation for his conduct
5. The defendant was an accomplice in a murder committed by another person and his participation in the homicidal act was relatively minor.
6. The defendant acated under duress or under the domination of another person
7. At the time of the murder, the capacity of the defendant to appreciate the criminality (wrongfulness) of his conduct or to conform his conduct to the requirements of law was impaired as a result of mental disease or defect or intoxication
8. The defendant was a young age at the time of the crime |
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Term
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Definition
| says that one who intentionally uses a deadly weapon on another human being and thereby kills him presumably intents to kill him |
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Term
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Definition
| Unintentional deaths that occur during the commission of some felonies are murders |
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Term
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Definition
| an ancient common law crime create by judges rather than legislators, consists of two crimes: voluntarily or involuntarily killing another person |
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Term
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Definition
| suddently and intentionally killing another person in the heat of anger following adequate provocation; elements include murder actus reus, mens rea, causation, and death |
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Term
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Definition
| the requirement that the provocation for killing in anger has to be something the law recognizes, the defendant himself had to be provoked, and that a reasonable person would have been provoked |
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Term
| Objective Test of Cooling-off Time |
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Definition
| requires that a reasonable person under the circumstances would have had time to cool off |
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Term
| Extreme Mental or Emotional Disturbance Manslaughter |
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Definition
| homicide commited under the influence of extreme mental or emotional disturbance for which there is a reasonable explanation or excuse. |
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Term
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Definition
| the common law rule that a husband who caught his wife in the act of adultery had adequate provocation to kill |
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Term
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Definition
| an unintentional killing (mens rea) by a voluntary act or omission (actus reus) |
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Term
| Presumption of bodily integrity |
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Definition
| a state can't exercise power over individual members of society except to prevent harm to others |
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Term
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Definition
| rape by strangers or individuals with weaposn who physically injure their victims |
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Term
| unarmed acquaintance rape |
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Definition
| nonconsensual sex between individuals who are known to one another |
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Term
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Definition
| intentional forced heterosexual vaginal penetration by a man who isn't his wife |
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Term
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Definition
| Rule that says an element in rape that the prosecution had to prove rape by the testimony of witnesses other than the victim (abolished by many states during sex offense law reform in the 70s and 80s) |
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Term
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Definition
| statutes that prohibit introducing evidence of victim's past conduct |
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Term
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Definition
| provided that legally husbands couldn't rape their wives |
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Term
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Definition
| sexual penetration by force or threat of force |
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Term
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Definition
| Intentional sexual penetration |
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Term
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Definition
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Term
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Definition
| In rape cases, requires some force in addition to the amount needed to accomplish the penetration |
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Term
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Definition
| In rape, requires only the amount of force necessary to accomplish the penetration |
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Term
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Definition
| the rape victim honestly feared imminent and serious bodily harm |
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Term
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Definition
| the rape victim's fear was reasonable under the circumstances |
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Term
| Honest and Reasonable Mistake Rule |
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Definition
| a negligence mental element in rape cases in which the defendant argues that he honestly, but mistakenly, believed the victim consent to sex |
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Term
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Definition
| to have carnal knowledge of a person under the age of consent whether or not accomplished by force |
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Term
| Defense of Reasonable Mistake of Age |
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Definition
| a defense to statutory rape in California and Alaska if the defendant reasonably believed his victim was at or over the age of consent |
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Term
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Definition
| also known as second-degree rape, it's rape committed without aggravated circumstances |
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Term
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Definition
| unwanted and unjustified offensive touching |
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Term
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Definition
| an attempt to commit battery or intentionally putting another in fear |
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Term
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Definition
| Intentionally scaring another person by following, tormenting, or harassing |
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Term
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Definition
| A confirmed mega-faggot with downs and ED |
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Term
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Definition
| threatened battery assault, requires only that actors intend to frighten their victims, thus expanding assault beyond attempted battery |
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Term
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Definition
| the use of the Internet, email, or other electronic communication devices to stalk another person through threatening behavior |
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Term
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Definition
| the taking and carrying away of another person with the intent to deprive the other person of personal liberty |
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Term
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Definition
| depriving others of their personal liberty without the asportation requirement |
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Term
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Definition
| crime aimed at the valuable information contained in computers and wireless devices, especially computer databases accessible through the Internet |
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Term
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Definition
| taking property by force or the threat of force--a violent crime against persons and their property |
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Term
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Definition
| taking and carrying away a person's property without the use of force and with the intent to permanently deprive the owner of possession |
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Term
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Definition
| wrongfully possessing or disposing of someone else's property as if it were yours |
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Term
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Definition
| personal property, not real estate |
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Term
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Definition
| property worth nothing by itself but is proof of something of value (such as stock options, bonds, notes, trademarks, licenses, and patents) |
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Term
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Definition
| the crime of lawfully gaining possession of someone else's property and later converting it to one's own use |
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Term
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Definition
| crimes growing out of opportunities to get someone else's property that was entrusted to the perpretrators becaues of their occuation, now known as white-collar crimes |
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Term
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Definition
| crimes growing out of opportunities to get someone else's property that was entrusted to the perpetrators because of their occupation |
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Term
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Definition
| a general term that maens getting property by deception |
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Term
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Definition
| obtaining another's property by "simple deception" |
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Term
| Obtaining Property by False Pretenses |
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Definition
| in modern law, often called "theft by deceit"; making false representations concerning past or present facts with the intent to defraud another |
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Term
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Definition
| intentionally getting control of someone else's property, includes larceny, embezzlement, and false pretense crimes |
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Term
| Consolidated Theft Statutes |
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Definition
| eliminate needlessly separating theft into distinct offenses according to their acuts reus; comprises crimes of taking and carrying away, converting, or swindling to gain possession of someone else's property |
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Term
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Definition
| includes "schemes to defraud or for obtaining money or property" using the U.S. mail |
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Term
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Definition
| a fraudulent investment operation that pays returns to investors from their own money or money paid by subsequent investors rather from any actual profit earned |
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Term
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Definition
| the intent to take another person's property and keep it permanently |
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Term
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Definition
| intent to use immediate force, or the threat of immediate force, to get another person's property |
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Term
| Receiving Stolen Property |
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Definition
| benefiting from the theft of someone else's property without having participated in the wrongful acquisition in the first place |
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Term
| receiving stolen property actus reus |
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Definition
| the act of receiving and controlling at least temporarily (but not necessarily possessing) the property |
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Term
| receiving stolen property mens rea |
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Definition
| depending on the jurisdiction, knowing or believing that received goods are stolen |
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Term
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Definition
| damaging or destroying structures by burning |
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Term
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Definition
| setting a building on fire |
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Term
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Definition
| common law mens rea requires a malicious and willful intent to burn or set fire to buildings; general-intent mens rea requires only the intent to start a fire |
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Term
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Definition
| burning homes or other occupied structures (such as schools, offices, and churches) where there's danger to human life |
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Term
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Definition
| includes burning unoccupied structures, vehicles, and boats |
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Term
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Definition
| common law crime of intentionally damaging or destroying another's tangible property |
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Term
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Definition
| breaking and entering a building or structure with intent to commit a crime inside the building |
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Term
| criminal trespass (in property crime) |
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Definition
| the unwanted, unauthorized invading of another person's property |
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Term
| Unconstitutional DUI Checkpoint Activities (3) |
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Definition
1. Involuntary Alcohol Blood Tests (unconstitutional)
2. Car searches (generally impermissible)
3. Violation of Fifth Amendment right to refrain from answering questions |
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Term
| Field Sobriety Exercises (3) |
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Definition
1. Walk and turn
2. Balance
3. Horizontal Gaze |
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Term
| Preliminary Breathalyzer Test |
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Definition
| Can be refused (as long as there are no prior DUI convictions, or refusal may result in misdemeanor conviction) |
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Term
| Secondary Breathalyzer Test |
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Definition
| Cannot refuse due to agreement made when license was issued. Refusal results in license suspension |
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Term
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Definition
1. Right to Remain Silent--anything you say can and will be used against you in Court
2.Right to an Attorney--Right to have that attorney present during all questioning
3. Right to be appointed an attorney if you cannot afford one
4. Fifth Amendment right to refrain from answering questions |
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Term
| Miranda Rights apply when all the following apply: (4) |
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Definition
1. Suspect is in custody
2. That suspect is being interrogated by the police
3. That suspect confesses
4. The prosecutor wants to use that confession in Court against the suspect |
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Term
| Miranda Rights don't apply when: (3) |
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Definition
1. Voluntary confessions/statements
2. Spontaneous statements
3. You don't know you're being interrogated |
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Term
| West Virginia Checkpoint Laws (3) |
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Definition
1. Police are able to conduct them weekly
2. Legal limit in West Virginia, and all states, is .08
3. Implied consent to breathalyzer tests |
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Term
| Stop and Frisk (Terry Frisk) |
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Definition
| Policy wherein police will detain and question pedestrians, and potentially search them, if they have a "reasonable suspicion" that the pedestrian in question "committed, is committing, or is about to commit a felony or a Penal Law misdemeanor" |
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Term
| Issues With Stop and Frisks (2) |
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Definition
1. Constitutional Issues
2. Targeting of minorities |
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Term
| Benefits of Stop and Frisks |
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Definition
| Decrease in crime rates in New York |
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Term
| Cops' Authority to Stop and Frisk |
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Definition
1. Reasonable Suspicion requirement
2. Searches must be limited in scope (plain feel doctrine allows for police to seize contraband if it is immediately apparent from the frisk
3. Any unlawfully seized evidence during a stop and frisk will be excluded from evidence in Court |
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Term
Does anyone miss PJ on twitter?
Does Marcus get checks?
Does Anita technically even take this class? |
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